HomeMy WebLinkAbout2789~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, NEW YORK
ACTION 0F THE ZONING BOAKD OF A~PEAL$
Appe~ No. 2789 Application DaSd February 25,
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Mr. David L. Mudd
North Road
Southold, NY 11971
1981
Appellant
at a meeting of the Zoning Board of Appeals on April
was considered and the action indicated below was taken on your
( ) Bequest for variance due to lack of access to property
( ) Bequest for a special exception under the Zoning Ordinance
(X) Bequest for a variance to the Zoning Ordinance Art. III,
( )
23, 1981
the appeal
Sec. 100-30A(2)[d]
1. S~4(~-~:~ g~ ~/~M-}~l/Yel( ~ XO/~ :~//~I/~IX~/~X x X~r ~.l~ee~x ~x~ ~
gra~ed ( ) be denied pursuant to ~tkle .................... Section .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the dechion of the Bulldog I~pector ( ) be reversed ( ) be
co~irmed b~ause Public Hearing 4/2/81: Application of David L. Mudd,
North Road, Southold, NY for a Variance to the Zoning Ordinance, Art.
III, Sec. 100-30A(2) [d] to construct farm tool shed with insufficient
rear and side yard setbacks at property located on the north side of
C.R. 48, Southold; bounded north by Lieblein, east-by Aliano, Latham
and Morris, south by C.R. 48, west by Doroski; 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
(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 confirmed ( ) be reversed.
CG: lk ZONING BOARD OF APPEALS
FORM ZB4
The Board finds and determine's as follows:
By this appeal, appellant seeks a variance for approval of
the construction of a farm shed with an insufficient rearyard and
insufficient easterly side yard setback of three feet on prem-
ises located at the north side of County Road 48, Southold. The
entire premises in question contains approximately 23.1169 acres.
Sections 100-30A(2) (d) and Bulk Schedule requires "...barns,
storage buildings and other related structures ...shall conform
to the yard requirements for principal buildings...," 50-foot
minimum rearyard setback, 15-foot minimum sideyard, and 35-foot
total sideyards. It is the feeling of the Board that substantial
land is available and that a three-foot setback from the rear and
side yards is not feasible under the circumstances.
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
requested are not unique; and that the interests of justice will
best be served by denying the relief as requested.
On motion by Mr. Grigonis, seconded by Mr. Douglass, it was
RESOLVED, that David L. Mudd be denied a variance to the
zoning ordinance, without prejudice, in Appeal No. 2789.
Location of Property: North side of C.R. 48 (North Road),
Southold, NY; bounded north by Lieblein; east by Aliano, Latham
and Morris; south by C.R. 48; west by Doroski. County Tax Map
Item No. 1000-59-9-28.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass,
Goehringer and Sawicki.
APPROYEI)
?
Ci~airman
CEIVED AND
,// .
Town Clerk, Town of Soak'hold
COUNTY OF SUFFOLK~-I?
DEPARTMENT OF PlaNNiNg
(516) 360-5513
LEE E. KOPPELMAN
June 10, 1981
Town of Southold
Board of Appeals
Applicant:
Mun. Pile No.:
S.C.P.D. Pile No.:
David L. Mudd
2789
SD-81-6
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
County 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 compliance with applicable variance criteria.
GGN:3k L/
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald G. Newman
Chief Planner
TOWN CLERK 765.3783
Building De~. 1
Planning Bd. 765-2660
Board of Appeals
Town Of Southold
TOWN CLERK'S OFFICE
Maln Road
Sou'l'hold, N. Y. 11971
Pursuant to the General Municipal Law, Chapter 2~, of the Consolidated Laws, Article 12-B. Sections 239-1
and m, the .]~OIL~dOf A~IL~I ......... of tho town of Southold, N. Y. hereby refers the following
(agency involvedl
proposed zoning action to fha Suffolk County Planning Commission:
(check one)
New and recodified zoning ordinance
.......... Amendment to the zoning ordinance
.......... , Zoning changes
...... Special permits
1~. Dlw~.d L. ~
$outhold, NY 11c7'/'1
...xx... Var a.cas zzz,
Location of affected ]and: ~ozr~..a~6e..nf..C,IE,../~.,...~utho3.d.....(J(X)O~59~g~l} .......
within 500 feet of: (check one or more)
............ Town or village boundary llne
...~ ....State or county road, parkway or expressway CaR. 27
............ State or county ,park or recreation area
...... Stream, or drainage channel owned by the county or for which the county has esfabllshed channel
lines
............ State or county owned ,parcel on which a public building is situated
Commen$s: App~o~l~ Vii denL4K~pez'lllllLO~'~o ¢0~1'~'u~¢ I f~l
~v~th ~fic~t rear ~d s~de y~ le¢baoks. (~n~ed v~th-
OUt
Date: 5/D1/81 ........................
(signed)
...F,.~,],~...t~.,..f:...ar...e,2'.,...~o~tm"2'..;~c.rt~rtar7
Title
Date received by Suffolk County Planning Commission ................................................
File No .........................
Today's Date: APRIL 23, 1981
Members Absent, if any:
Appeal No.
Agenda Item/Matter of:
Type of Variance or Appeal:
DAVID L. MUDD
Variance Shed, principal use
Resolution made by:
Seconded by:
GCrharles
~goms
( )
~eo~en Robart .. G~rard ~oseph.
Dougr~ss t~oearxnger ~awlcK!
( )(t,4' ( ) ( )
Action: ( ) Approve as applied for
( ) Deny as applied for
( ~ Deny
(~Oeny without prejudice
( ) Withdrawn without
Prejudice
( )
No substantial hardship shown.
Substantial land available.
( ) Approve with the following conditions:
( ) Subject to County Plannin9 referral
( ) Subject to Plannin9 Board approval
( ) Subject to D.E.C. requlations ( ) Other:
Setback too close to adjoining properties.
Findings of the Board are as follows: No substantial hardship shown--substantial
land available. Setback too close 'to adjoining properties.
Other:
( ~'~ Not Within the Character of the Neighborhood ( ) Granting the Relief Requested is within
( ~'~ Setback of 3 feet
Vote
of the Board: Ayes:
Nay:
Abstain:
Absent:
( ) Variance is Substantial in Relation to Code
If so, %.
( ~/j Hardship not suf:4c:cnt~
(' k/~ Hardship or Difficulty Not Unique
( ) Will set a precedent in the neighborhood
( ) Area is already very congested
( k/)' Interests of justice served by denying (
( ~ Substantial land available (
too/close.. /
(1/) CG (M SD (~ RD
( ) () ()
( ) () ()
( ) .() ()
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 9ranting
() ()
() ()
() ()
Notes: (see above)
Resort Mote! Cr Restaurant
Tel. 734-6370
744-1448
P. Oo BOX 917, DEPOT LANE
CUTCHOGUE, N. Y. 11935
.:~/~/~ ~/~-~.h,
COUNTY OF SUFFOLK
ss:
STATE OF NEW YORK
LEGAL NOTICE
OF HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Town Law and the
Provisions of the Amended
(~ode of the Town of Southold,
the following matters will be
held for public hearings by the
Southold Town Board of Ap-
peals at the Southold Town
Hall, Main Road, Southold,
NY on Thursday, April 2,
1981.
7:35 p.m. APPlte~lOn of
Jmes V. Righter (for Fish~rs
Island Development carP0. 58
~i~t~l"Str~t, Bom~., MA
021~]8 for a SPecial Exception
to the Zoning Ordinance, Art.
III, Sec. 100-30B(8) for per-
mission to create additional
emplo, ye~ hous ng on second
floor of Beach Club to match
the existing housing on the
west end of club (also known
as labor camp), to be located
on the south road to the East
End of Fishers Island, more
particularly designated as
County Tax Map Item Nos.
1000-5-2-7.3. 1000-4-4-12,
1000-1-1-3.6, 1000.4-6-9.
7:50 n.m. A_nplirnfin, Of
David L. Muddy North Road1
Southold, NY for a Variance to
the Zoning Ordinance, Art. 111,
Sec. lO0-3OA~Z)[cq to construct-
farm tool shed with insuf-
ficient rear and side yard
setl~acks at property located on
the North 3i~le o! ~C.K. qB,
n,;~OU[flOl{l; Dounueo nor~n Dy
Lieblein east by Allano, Latn~
am and Morris, south by C.R.
48, west by Doroski; County
'~l'ax Map Item No. 1000-
..... 8:00 p.m. Application of
Dolores Strong, Box 1033,
MattitUC~lC, NY for a Variance
to the ~ning Ordinance, Art.
Vl, Sec.~100-61. 100-60C, Art.
Il, Sec. ~100-23 for permission
to construct fence in the side,
rear and/or front yard areas at
11455 Main Road, Mattituck;
bouladed north by Van Ryswyk
and O'Neil, east by Mileska,
south by S.R. 25 (Main Road);
west by Burgon; County Tax
Map Item No. 1000-142-2-17.
8:10 p.m. Application of
Patricia Wood, being du{y 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 or,ce each week for ........... .x, ........................... weeks
successively, commencing on the ....... .~.."~. .......................
dav/~F'. ........ ~ ............... , 19...~...~
( .................... .....
Hope Prior Smith, 655 Pine Baxter, south by Bay, east by
.......... ~ ~'~-.-- -M~Keon.. County Tax Map
Sworn to before me this ....... ..-~....<~.. ................ day of
........ ........ ,
Road, Southold; bounded
north and east by DaFfiest,
south by JanliowSki, west by
Main Road; County Tax Map
Itel? N9. !000-70.2.4. - .........................
9:05 p.m. Application of
Victor E. Catalano, 22 Canter-
bury Drive. Hauppauge, NY
11787 for a Variance to the
Zoning Ordinance, Art. III,
Sec. 100-31 for permission to
build a one-story garage with
insufficient front and side yard
setbacks at the south side of
Peconic Bay Boulevard, Lau-
rel; bounded north by Cata-
lano and Peconic Bay Blvd.,
east by Keller, south' by Bay,
west by Pridgen; County Tax
Map Item No. 1000-128-6-
13.2.
9:15 p.m. Application of
Rose Dansker, 300 East 56th
Street, Apt. M., New York, NY
10022 (by Gary Flanner OIsen,
Esq.) for a Variance to the
Zoning Ordinance, Art. lIl,
Sec. 100-31 for approval of
insufficient area and width of ga
two proposed parcels located
at Wells Road, Pecenic, NY;
bounded north by Wells Road,
west by Groben, south by u
Richmond Creek, east by
Krueger. County Tax Map q
Item No. 1000-86-2-10 & 11.
9:30 p.m. Application of
Kenneth Brower, by William
S. Midgley, Jr. as agent, 200
Skunk Lane, Cutchogue, NY
for a Variance to the Zoning
Ordinance, Art. III, Sec. 100-
31 for p~rmission to construct
garage with an insufficient
sideyard setback at 495 Fisher-
man's Beach Road, Cutch- s
ague; bounded north by Fish* ~
erman Beach Road, west by ~
.EGAL NOTICE
LEGAL NOTICE '
OF HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Town Law and the
Provisions of the Amended
Code of the Town of Southold,
the following matters will be
held for public hearings by the
Southold Town Board of Ap-
peals at the Southold Town
Hall, Main Road, Southold,
NY on Thursday, April 2, 1981:
7:35 p.m. Apvlieation of
James V. Righter (for Fishers.
Island Development Corp.), 58
Winter Street, Boston, MA
02108 for a Special Exception
to the Zoning Ordinance, Art.
Iii, See. 100-30B(8) for permis-
sion to create additional em-
ployee housing on second floor
of Beach Club to match the
existing housing on the west
end of club, (also known as
labor oamp), to be located on
the south road to the East End
of Fishers Island, more par-
licularly designated as County
Tax Map Item Nos. 1000-5-2-
7.3, 1000~4-4-12, 1000-1-1-3.6,
1000-4-6-9.
~lieation of
con-
Dolores Strong, Box 1033, Mat-
tituck, NY for a Variance to
the Zoning Ordinance, Art. VI,
Sec. 100-61, 100-60C, Art. II,
See. 100-23 for permission to
eoostruct fence in the side,
rear and/or front yard areas
at 11455 Main Road, Matti-
tuck; bounded north by Van
Ryswyk and O'Neil, east by
Miieska, south by S.R. 25
(Main Road), west by Bur-
gon; County Tax Map Item
No. 1000-142-2-17.
8:10 p.m. Application of
Hope Prior Smith, 655 Pine
Neck Road, Southold, NY (by
R.W. Gillispie, III as agent)
for a Variance to: (a) New
York Town Law Section 280-A
for approval of access, and (b)
the Zoning Ordinance, Art. III,
See. 100-31 for approval of
insufficient road frontage of
two proposed parcels located
on the north side of Pine Neck
Road, Southold; bounded
north by Jockey Creek and
Lademann, east by Width,
south by Kowalski, Pine Neck
Road and Kohl, west by Lade-
mann and Kowalski; County
Tax Map Item No. 1000-70-5-31.
8:20 p.m. Application of
Mary H. Lockwood, 465 Old
Harbor Road, New Suffolk,
NY for a Variance to the
Zoning Ordinance, Art. III,
Sec. 100-31 for approval of
insufficient area, depth and/
or roaryard of parcel located at
Old Harbor Road, New Suf-
folk; bounded north by Ben-
bow and Given, east by Cut-
ehogue Harbor, south by Whe-
lan and Mason, ,,vest by Old
Harbor Road; County Tax
Map Item No. 1000-117-3-5 and
6.
9:30 p.m. Application of
Peeoaie Corporation, e/o Nor-
ris Grain Co., P.O. Box 1058,
Oeala, FL 32670 (by Abigail A.
Wickham) for a Variance to
the Zoning Ordinance, Art. Ill,
See. 100~30 and 100-31 for per-
mission to eonvect existing
barn containing a one-family
dwelling by adding a second
dwelling (apartment) on sec-
oad floor. Loeahon of proper-
ty: South side of New Suffolk
Avenue, Mattituek; bounded
north by New Suffolk Avenue,
east by Wiekham and Bag-
shaw, south by Bay, west by
Smith, Haberman and Camp
Mineola Road; County Tax
Map Item No. 1000-115-9-4.
8:45 p.m. Application of
George L. Penny, Inc., 12585
Sound Avenue, Mattituek, NY
for a Special Exception to the
Zoning Ordinance Art. VIII,
Sec. 100-80B(3) for permission
to construct storage building
in a C-Zone at 12585 Sound
Avenue, Mattituck; bounded
north by Penny, east by North
Fork Oil Heat, south by Sound
Ave. and L.I.RR., west by
Parrish; County Tax Map
Item No. 1000-141-3-37 and 38.
8:50 p.m. Application of
George L. Penny, Inc., 12585
Sound Avenue, Mattituck, NY
for a Variance to the Zoning
Ordinance, Art. VIII, Sec. 100-
81 for permission to construct
storage building in a C-Zone
with insufficient rear and side
yard areas at 12585 Sound
Avenue, Mattituck; bounded
north by Penny, east by North
Fork Oil Heat, south by Sound
Ave. and L.I.R.R., west by
Parrish; County Tax Map
Item No. 1000-141-3-37 & 38.
8:55 p.m. Application of
David I. DeFriest, Main Road,
Southold, NY (by Irving L.
Price, Jr., Esq.) for a Special
Exception to the Zoning Ordi-
nance, Art. III, See. 100-30Bt 1 )
for permission to change use
of existing dwelling from one-
family to two-family dwelling
use at 51320 Main Road, South-
old; bounded north and east
by DeFriest, south by Jankow-
ski, west by Main Road; Coun-
ty Tax Map Item No. 1000-70-2-
4.
9:05 p.m. Applioation of
Victor E. Catalano, 22 Canter-
bury Drive, Hauppauge, NY
11787 for a Variance to the
Zoning Ordinance, Art. III,
Sec. 100-31 for permission to
build a one-story garage with
insufficient front and side yard
setbacks al the south side of
Peeoaic Bay Boulevard, Lau-
rel; bounded north by Catala-
no and Peconie Bay Blvd.,
east by Keller, south by Bay,
west by Pridgen; County Tax
Map Item No. 1000-128-6-13.2.
9:15 p.m. Application of
Rose Daoskec, 300 East 56th
Street, Apt. M. New York, NY
10022 tby Gary Flanner Olsen,
Esq.) for a Variance to the
Zoning Ordinance, Art. III,
See. 100-31 for approval of
insufficienl area and width of
lwo 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.
9:30 p.m. Applioation of
Kenneth Brower, by William
S. Midgley, Jr. as agent, 200
Skunk Lane, Cutchogue, NY
for a Variance to the Zoning
Ordinance, Art. III, Sec. 100-31
for permission to eoostruct
garage with an insufficient
sideyard setback at 495 Fish-
erman's Beach Road, Cut-
ehogue; bounded north by
Fisherman Beach Road, west
by Baxter, south by Bay, east
by McKeon. County Tax Map
Item No. 1000-111-1-35.
9:45 p.m. Application of
Margaret MeGowan, 17 Aber-
deen Street, Malverne, NY
( by Gary F. Olsen, Esq. ) for a
Variance to the Zoning Ordi-
nance, Art. III, Sec. 100-31 for
approval of the insufficient
area and width of two parcels
due to the releeation of lot
lines. Location of property:
R-O-W south of Great Peeonie
Bay Boulevard,
bounded north by C
east by Sweeney, Rc
private right-of-way,:
Johnston, Mormile,
Alexander. County T
Item Nos. 1000-128-4-11
Daled: March 12, 1981
BY ORr
THE SOUTHOLI
BOARD OF Al
CHARLES GRIGOix
CHA
1TM19-3647
ed is a printed
Weekl~' Times
....... weeks
York
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 2, 1981:
7:35 p.m. Application of James V. Righter (for Fishers
Island Development Corp.), 58 Winter Street, Boston, MA 02108
for a Special Exception to the Zoning Ordinance, Art. III, Sec.
100-30B(8) for permission to create additional employee housing
on second floor of Beach Club to match the existing housing on
the west end of club, (also known as labor camp), to be located
on the south road to the East End of Fishers Island, more parti-
cularly designated as County Tax Map Item Nos. 1000-5-2-7.3,
1000-4-4-12, 1000-1-1-3.6, 1000-4-6-9.
7:50 p.m. Application of David L. Mudd, North Road,
Southold, NY for a Variance to the Zoning Ordinance, Art. III,
Sec. lO0-30A(2)[d] to construct farm tool shed with insufficient
rear and side yard setbacks at property located on the North
Side of C.R. 48, Southold; bounded north by Lieblein, east by
Aliano, Latham and Morris, south by C.R. 48, west by Doroski;
County Tax Map Item No. 1000-59-9-28.
8:00 p.m. Application of Dolores Strong, Box
tuck, NY for a Variance to the Zoning Ordinance, Art.
100-61, 100-60C, Art. II, Sec. 100-23 for permission
1033, Matti-
VI, Sec.
to construct
fence in the side, rear and/or front yard areas at 11455 Main Road,
Mattituck; bounded north by Van Ryswyk and O'Neil, east by Mileska,
south by S.R. 25 (Main Road/,west by Burgon; County Tax Map Item
No. 1000-142-2-17.
Legal Notice of Hearings
'Page 2
Board of Appeals - April
2, 1981 Meeting Adv.
8:10 p.m. Application of Hope Prior Smith, 655 Pine Neck
Road, Southold, NY (by R.W. Gillispie, III as agent) for a
Variance to: (a) New York Town Law Section 280-A for approval
of access, and (b) the Zoning Ordinance, Art. III, Sec. lO0-31
for approval of insufficient road frontage of two proposed par-
cels located on the north side of Pine Neck Road, Southold;
bounded north by Jockey Creek and Lademann, east by Width, south
by Kowalski, Pine Neck Road and Kohl, west by Lademann and
Kowalski; County Tax Map Item No. 1000-70-5-31.
8:20 p.m. Application of Mary H. Lockwood, 465 Old Harbor
Road, New Suffolk, NY for a Variance to the Zoning Ordinance,
Art. III, Sec. 100-31 for approval of insufficient area, depth
and/or rearyard of parcel located at Old Harbor Road, New Suffolk;
bounded north by Benbow and Given, east by Cutchogue Harbor, south
by Whelan and Mason, west by Old Harbor Road; County Tax Map Item
No. 1000-117-3-5 and 6.
8:30 p.m. Application of Peconic Corporation, c/o Norris
Grain Co., P.O. Box 1058, Ocala, FL 32670 (by Abigail A. Wickham,
Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec.
100-30 and 100-31 for permission to convert existing barn containing
a one-family dwelling by adding a second dwelling (apartment) on
second floor. Location of property: South side of New Suffolk
Avenue, Mattituck; bounded north by New Suffolk Avenue, east by
Wickham and Bagshaw, south by Bay, west by Smith, Haberman and
Camp Mineola Road; County Tax Map Item No. 1000-115-9-4.
8:45 p.m. Application of George L. Penny, Inc., 12585 Sound
Avenue, Mattituck, NY for a Special Exception to the Zoning Ordinance
'Legal Notice of Hearings
Page 3
Board of Appeals - April
2, 1981 Meeting Adv.
Art. VIII, Sec. 100-80B(3) for permission to construct storage
building in a C-Zone at 12585 Sound Avenue, Mattituck; bounded
north by Penny, east by North Fork Oil Heat, south by Sound
Ave. and L.I.R.R., west by Parrish; County Tax Map Item No.
1000-141-3-37 and 38.
8:50 p.m.
Sound Avenue, Mattituck, NY for a
nance, Art. VIII, Sec. 100-81 for
storage building in a C-Zone with
Application of George L. Penny, Inc., 12585
Variance to the Zoning Ordi-
permission to construct
insufficient rear and side
yard areas at 12585 Sound Avenue, Mattituck; bounded north by
Penny, east by North Fork Oil Heat, south by Sound Ave. and
L.I.R.R., west by Parrish; County Tax Map Item No. 1000-141-3-37
& 38.
8:55 p.m. Application of David I. DeFriest, Main Road,
Southold, NY (by Irving L. Price, Jr., Esq.) for a Special
Exception to the Zoning Ordinance, Art. III, Sec. lO0-30B(1)
for permission to change use of existing dwelling from one-family
to two-family dwelling use at 51320 Main Road, Southold; bounded
north and east by DeFriest, south by Jankowski, west by Main Road;
County Tax Map Item No. 1000-70-2-4.
9:05 p.m. Application of Victor E. Catalano, 22 Canter-
bury Drive, Hauppauge, NY 11787 for a Variance to the Zoning
Ordinance, Art. III, Sec. 100-31 for permission to build a
one-story garage with insufficient front and side yard setbacks
at the south side Of Peconic Bay Boulevard, Laurel; bounded north
by Catalano and Peconic Bay Blvd., east by Keller, south by Bay,
west by Pridgen; County Tax Map Item No. 1000-128-6-13.2.
9:15 p.m. Application of Rose Dansker, 300 East 56th
Street, Apt. M. New York, NY 10022 (by Gary Flanner Olsen, Esq.)
Legal Notice of Hearings
Page 4
Board of Appeals Apr.
2, 1981 Regular Meeting
for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31
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 & ll.
9:30 p.m. Application of Kenneth Brower, by William
S. Midgley, Jr. as agent, 200 Skunk Lane, Cutchogue, NY for
a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 for
permission to construct garage with an insufficient sideyard
setback at 495 Fisherman's Beach Road, Cutchogue; bounded
north by Fisherman Beach Road, west by Baxter, south by Bay,
east by McKeon. County Tax Map Item No. 1000-111-1-35.
9:45 p.m. Application of Margaret McGowan, 17 Aberdeen
Street, Malverne, NY (by Gary F. Olsen, Esq.) for a Variance to
the Zoning Ordinance, Art. III, Sec. 100-31 for approval of the
insufficient area and width of two parcels due to the relocation
of lot lines. Location of property: R-O-W south of Great Peconic
Bay Boulevard, Laurel; bounded north by Connelly, east by Sweeney,
Ross, and private right-of-way, south by Johnston, Mormile, west
by Alexander. County Tax Map Item Nos. 1000-128-4-11 and 14.
Dated: March 12, 1981.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS, JR., CHAIRMAN
Instructions to newspapers:
Please publish once, to wit, Thursday, March 19, 1981 and forward
13 affidavits of publication to: Board of Appeals, Town Hall,
Main Road, Southold, NY 11971.
Copies to:
Suffolk Times Monday, 3/16/81 p.m.
L.I. Traveler Tues., 3/17/81 a.m.
Bulletin Board 3/17/81
3/17/81 to:
Mr. James V. Righter
Mr. David L. Mudd
Mrs. Dolores Strong
R.W. Gillispie, III
Mrs. Hope Prior Smith
Mrs. Hary H. Lockwood
Peconic Corporation c/o Norris
George L. Penny, Inc., Box 57,
Mr. David I. DeFriest
Irving L. Price, Jr., Esq.
Mr. Victor E. Catalano
Mrs. Rose Dansker
Gary Flanner Olsen, Esq.
Mr. William S. Midgley, Jr.
Mrs. Margaret McGowan
for K.
Supervisor
Town Board members
Planning Board
Grain Co.
Greenport
Brower
Southo!d Town Board of
Appeals
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER N .Y.'$.
Joseph H. Sawicki
NOTICE OF DECLARATION
PURSUANT TO
ENVIRONMENTAL QUALITY REVIEW ACT
Appeal No. 2789.
Application of: David L. Mudd.
Location of Property in Question: North side of C.R. 48, Southold.
County Tax Map Item No. 1000- 59-9-28.
Project Proposed by Appeal Application: Construct farm tool shed
with insufficient rear and side yard setbacks.
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; [ ] 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: March 12, 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
P~EGISTRAR OF VITAL STATISTICS
Southold, L. 1., N. Y. 11971
February 25,
1981
TELEPHONE
(516) 765-1801
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2789 application of David L. Mudd
for a variance. Also included are notification to adjoining property owners
as H.K. Libelein, Southold, N.Y. 11971; Frances Doroski, County Rd.
48, 11971;
N. 11957.
follows:
Southold, N.Y. 11971; Thomas Morris, County Rd. 48, Southold, N.Y.
Aliano, Depot Lane, Cutchogue, N.Y.~935; I.C. Latham, Orient, N.Y.
Town Clerk
JTT/bn
Enclosures
FORM NO, 3
TOWN OF $OUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
....................................... /
PLEASE TAKE NOTICE thor your application dated ............................. ../~...~....~.......~....5..., 19...~..../
for permit to,construct~z~/~ ~PL P#~Z~ at the premises located at
· /~r~ ~l\ ............................................................................
¥./ ~O.U~..~ '.~..bt~ .~ - ~ Street
.......................................... ~ ......... ~OU
Map .................................... Block ............................................ Lot ................................................ is
returned herewith and disapproved on the followlng grounds ..... ~...0..E.~.....~.!~...T........C.G...H..~q.,~,.~. ......
.'~q......%~ 6......¥..~ .~.~ ...... ~. ~. ~g.!.!~. ~..~. ~.. ~!.Z ...... r~..... ~.L.~.t~:..~.e...c.......~.c!/.. ~. ~.: y. ~..
5P
Buildin~ Inspector
oo .-
-
~NSTR¢CT IOFIS: ' ·
~ (.o) lJ~ order to ansv~er the questions in thi short EAF it is assumed
that the preparer ¥~ill use. currently available information concerning the
project and the l~ke~y i~pacts of the action. It is not expected that
additional studies, research or other investigat£ons ~';ill be undertaken.
(b) IF any question has been ons~ered Yes the project may be
significant and a completed Environnen~al Assessment Form is necessary.
(c) IF all questions have been ans¥;ered No it is iii<ely that. this
project is not significant. -..
(dj Environmental Assessment ''
'l. ~'/~$& project result ~n a large physical change
to the project site or physically alter more
than lO acres of land? ........................ Yes,
2. ~'I~}Z there'be a major change to any unique or
-unusual land form found on the site? .........., Yes X
3. ~'lill project alter or have a large'effect'on .
existing body of ~vater? ....................... Y~s.X No
4. ~'till project have o potentially large impact
on grounthvoter quality? ....................... Yes. No_
5. ¥~ill pro,oct signlficontly effect drainage
floN on adjacent sites? · Yes X'No
~. ~ill project effect any threatened or
endangered plant or on~mol species? ........... Yes ~ No
7. ~?ill project result in o major adverse
on air quality? .............. - ................... Yes ~ No
8. Will project have o meier e~£ect on visual
character of the community or scenic views or
vistas known to:be important to the community?. 'Yes.~'No
~. ~1ill project adversely ~mpoct any site or ..
structure of historic~ prehistoric or
paleontological importance or any site
designated os o critical environmental oreo
by a local agency? · ----: ~ ...... Yes
10. ~ill pro,oct hove o me,or ef£ect on exlstih9
or future recreational opportunities? ......... Yes..~ No
"11. ~?ill project result in .~o~or traffic problems'
o~ cause o major effect to
transportation systems? ....................... .... Yes.
12. ~?ill pro,oct .regularly cause ob~ectlonable
odors~ nolse~' 91ore~ vibrotion~ or electrlcol
disturbance os o result of the project's
lion? Yes X No
opera
13. ~'lill'pro~ect have any impact on public health
or.safety? ...................................... Yes. XNo
14. ~'~11 p~oject affect the existing community by '
directly cousin9 o graY, th in permanent
· pop~lotion of more than 5 percept over o one
year period or hove o major negative effect
on the choroc--[-er of the community or
Yes K No
neighborhood? ..........
pro,oct? ...................................... Yes ~ No
PREPARER'S S]GNAIURE
REPRESENTING
(Today's Date)
To: Southold Town Board of Appeals
Main Road
Southold, NY 11971
Re: Appeal Application of ~ ~
Location of Property: COU~
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,
TOWN OF $OUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. ~ 7~
DATE .,..~.~. ~ ..~..'~,...~.. [ ....
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, ('~:~,)..'.t~..!~..~.1...~ ........ .~.,...~...u.',...~....~. .............. of .....~...~,....~...[..(~. ............. ...~.,..0.....~...,.~.. .....................
Nome of Appella,n~' Street and Number
~ ~ 0 TN 0 L-~'~ .~...../.... .......... HEREBY APPEAL TO
~tate
Municipality
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO....D .............................. DATED '~ - ;~ ~-- ~9 !
WHEREBY THE BUILDING INSPECTOR DENIED TO
....... ......... ..............................
Name of Applicant for permit
of ,..~...c.~..D.t. .............. ~.~..~>.. ........... ~.~.u.C~...~..5.~ ........... ~. ..............
Street and Number Municipality State
) PERMIT TO USE
) PERMIT FOR OCCUPANCY
$~..'Mo
1. LOCATION OF THE PROPERTY ....~...~...,~.,.,.'~,..?.~.. ....... ../~....I.~....~..~. ...... ..~..~.~..~../.'-./.,k{.fi....~..~..~../..d.k,.L~u4'E~-
Street Use District on Zoning Map
Map No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zonin~g Ordinance by number. Do not quote the Ordinance.)
r,,-,¢¥ ~ /oe- ~ of-/(;j 1
3. TYPE OF APPEAL Appeal is made herewith for
(,~-,) 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. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal ~,e~) (has not) been mode with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(.Jo') A Variance to the Zoning Ordinance
is requested forthe reoson tho, ~ ~l~J' ~LL/~
~u~
Form ZB1
(Continue on other side)
REASON FOR APPEAL Continued
/O LL
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
~o& &~o~~' ~ ~u~b ~ '~ ~l~ ~'u'~ W~y4~
2. The hardship created is UNIQUE and is not shared by ail properties alike in the immediate
vicinity of this property and in this use district because ~ ~
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
STATE OF NEW. YORK )
O~~, ) ss
COUNTY ) Signature
Sworn to this ........... ¢~..-~,~ ............... day of .............
,
ELIZABmA~N ~IEVILLE' ' -' "" ' '~ ' ' ' "
NOTARY PUBLIC, State of New Yolk
No, 52-8125850, Suffolk Count'/
Term Expires M~)rch 30, 19~..
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 Southotd
to request a (Variance) (Special Exception) (Special Permit) (the following relief: j- ~ ~ .3 i .5 ~ 7-
2. That the pr,operty which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: /Y?)~' ~ ~/'~ ~ &/': c:: ~1~'~-.~' A°O~ xz/~
3. That the property which is the subject of such Petition is located in the following zoning district:
4. That by such Petition, the undersigned will request the following relief: ~'~0 6 e 7-
tv' 0,8 7~/
5. That the provisi .ohs of the Southold Town Z/eni~g Cod~applicable to the relief sought by the under-
signed are: ~J ~' T- ..~/IL /o0o- 3 o - /~ (,.g.) (?~
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: g
Petitioner
Post Offic~ Address
'L
PROOF OF MAILING OF NOTICE
9L61 'adv 'OOg~ maozl Sd
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
~ ,~ ,~k'~ ~' . ' ~ . ~ 1 , being du~y sworn, deposes akdsays.th~t on th~ ~a day
~rse side ~, ~t~to each ~ ~L~:~e~jr~a~e~t ~U~d~e~fs~ls~eS~t~s~c~ re
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 ~-
rice at ~ ~ ( ~ ~ ~c ~ . ~( ; that said Notices were mailed to each of said persons by
(ce~ified) (registered) mail. --
Sworn to before me this' I!
dayof ~ c- ~ ff ~-~ r~; ,19
~ Notary Pubic
ELIZABETH ANN NEVILLE
NOTARY PUBLIC, State of New
No. 52-8125850, Suffolk Ceunty
Term Expires March 30, l~p~-
L
/
/
/
'%.
®
16.7 A (c)
7.3 A(c)
FOR PARCEL NO.
SEE SEC. NO. 069-0t-009