HomeMy WebLinkAbout2934Southold Town Board of Appeals
MAIN RnAD- STATE ROAD 25 SPIUTHOLD, L.I., N.Y.
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 2934
Application Dated November 30, 1981
TO:
Mr. and Mrs. Martin Nelsen
2835 Great Peconic Bay Boulevard,
Laurel, NY 11948
Box 422
[Appellant (s) ]
At a Meeting of the Zoning Board of Appeals held on December 17, 1981
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
Request for Variance to the Zoning Ordinance
Article III , Section Section 100-31
[ ] Request for
By this appeal, applicant seeks permission to construct a
10' by 36.2'garage addition at the westerly side of the existing
one-story, one-family dwelling, leaving an insufficient setback
from Wendy Drive, a private road, of approximately 24.8 feet.
The subject premises is a corner lot as defined by Section 100-13
of the code, with frontage along Peconic Bay Boulevard of approxi-
mately 125 feet and along Wendy Drive of approximately 125 feet.
Because of the location of the existing dwelling and the existing
cesspool and septic tanks, the board agrees with reasoning of
applicant for this location. There is minimal other buildable
area in practicality.
In considering this appeal, the board determines that the
variance request is not substantial; that the circumstances
herein are unique; that by allowing the variance no substantial
detriment to adjoining properties would be created; that the
difficulty cannot be obviated by a method, feasible to appellant,
other than a variance; that no adverse effects will be produced
on available governmental facilities of any increased population;
that the relief requested will be in harmony with and promote the
general purposes of zoning; and that the interests of justice
will be served by allowing the variance.
On motion by Mr. Goehringer, seconded by Mr. Sawicki,. it was
RESOLVED, that the application of Martin and Mildred Martin
for permission to construct addition with reduction in frontyard
area, Appeal No. 2934, be GRANTED AS APPLIED FOR.
Location of Property: 2835 Great Peconic Bay Boulevard,
Laurel, NY; bounded north by Williams; west by Wendy Drive; south
by Gt. Peconic Bay Blvd.; east by Blvd. and Kennedy. County Tax
Map Parcel No. 1000-128r5~4.
~ eL ~. y 'es:
Form ZB4 (rev. 12/81)
Grigonis, Doyen, Douglass,
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
DEPARTMENT OF PLANNING
(516) 360-5513
Board of Appeals . ~ ;
Pursuant to the requirements o£ Sections 1323 to 1332 of the Suffolk County Charter,
the follow£n§ applicat±oas which have been referred to the Suffolk County Planning
Comn~Lssion are considered to be a matter for Zocal dete~Tainatlon. A decision of
locaX determXnation should not be construed as either an approval or a d±sapproval.
Applicant M,,~cipal File Number
William Killian & Wife
Frances N. Frisbee
Frank E. Brophy
Frank & Robert Klos
David Strong
Martin Nelsen
Joseph D. Posillico, Sr.
2905
2913
2922
2931
2933
2934
2938
GGN:Jk
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald G. Newman
Chief Planner
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y.
TELEPHONE (516) 765-1809
Pursuant to Article XIII of the Suffolk County Charter, the
Board of Appeals of the Town of Southold, New York, hereby refers
the following to the Suffolk County Planning Commission:
~ Variance from the Zoning Code, Article Section /00-3/
Variance from Determination of Southold Town
Building Inspector
__ Special Exception, Article , Section
Special Permit
Appeal No.: ~3~ Applicant:
Location of Affected Land: ~3~'
County Tax Map Item No.: 1000-
Within 500 feet of:
__ Town or Village Boundary Line
__ Body of Water (Bay, Sound or Estuary)~. ~;c
__ State or County Road, ?ar~ay, Highway~ ~hruwa~
__ Boundary of S×isting or Proposed County,
Owned Land
__ Boundary of Existing or Proposed County,
or Other Recreation Area
__ Existing or Proposed Right-of-Way of Any Stream or Drainage
Channel Owned by the County or for Which The County Has Estab-
lished Channel Lines,
State or Federally-
State or Federal Park
or
Within One Mile of a Nuclear Power Plant
__Within One Mile of An Airport.
COMMENTS: Applicant is requesting permission to
Copies of Town file and related documents enclosed herewith for your
review.
Secreta~'~ard'O~ Appea~'~ {
Southold Town Board o£ Appeals
MAIN ROAD- STATE ROAD 25 c:OUTHOLD, L.I.. N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHR[NGER t (~.~c~'i
JOSEPH H. SAWlCKI
22, 1982
422
La~rel, NY 11948
Re= Appeal No. 2934
Dear Sir:
Attached herewith is a copy of the formal findings and
determination of the Board of Appeals recently rendered and
filed with the office of the Town Clerk concerning your appeal.
In the event your appeal has been approved, please be .~
sure to return to the Building Department for approval of any \
new construction or for a certificate of Occupancy of the ~
premises, as may be applicable.
If you have any questions, please do not hesitate to call
either our office or that of the Building Inspector at 765-1802.
Yours very truly,
GG:lk
Enclosure
GERARD P. GOEHRINGER
CHAIRMAN
By: Linda Kowalski
Secretary
APPEALS BOARD
MEMBERS
CHARLES GRIGONI$,JR.,CRAIRMAN
SERGE DOYEN, JR.
ROBERTJ. DOUGLA$S
GERARD P. GOEHRINGER
JOSEPH H. SAWICKI
Southold Town Board of Appeals
HAIN ROAD- E~TATE RI-lAD 25 SOUTHI3LD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
January 4, 1982
Mr. and Mrs. Martin Nelsen
Great Peconic Bay Boulevard
Laurel, NY 11948
Re: Appeal No. 2934
Dear Sir or Madam:
Please be advised that the following action was taken by
the Southold Town Board of Appeals at a Regular Meeting held on
Thursday, December 17, 1981 concerning the above appeal:
RESOLVED, that the application of Martin and Mildred
Martin for permission to construct addition with reduction in
frontyard area, Appeal No. 2934, be GRANTED AS APPLIED FOR.
This resolution was unanimously adopted.
An official determination and findings will be filed with
the office of the Town Clerk as soon as possible and simultaneously
forwarded to you for your records. ~.
If you have any questions, Please do not hesitate to call our
office. If you wish'to sta~ construction as early as possible,
please return to or call the Building Department for issuance of
your building permit at 765-1802.
CG:lk
Yours very truly,
CHARLES GRIGONIS, JR.
CHAIRMAN
Thursday, December 17, 1981
Today' s Date:
Merbbers Absent, if any:
2934
MARTIN NELSEN--
-A-~ition with reduction in. trontyar~.
ose .
er e
~Charles ~o~n Robert aerard
Dougrass
( ) ( ) ( )
Appeal No.
Agenda Item/~Iatter of:
T.vpe of Variance or Appeal:
B ay----B-o u-u'T~x~ar cl,
( ) Approve with the folio_wing conditions:
Resolution made by:
Seconded bY:A~ppr
Action: ( ore as applied for
( ) Deny as applied for
( ) Deny
( ) Deny without prejudice
( ) Withdrawn without
Prejudice
( )
) Subiect to County Planninc~ referral
) ~ubiect to Planning Board approva!
)_Subject to D.E.C. reci~_l, ations ( )
Other:
Findings of the Board are as follows:
Not Within the Character of the Neighborhood
Variance is Substantial in Relation to Code
Not .in hanngny _with purposes of the Code
Hardship not sufiicient .~
Circumstances are Not Unique
Will set a precedent fn the neighborhood
Area ~s already very congested
Interests of justice served by denying
)
( )
(
(
Vote
of the Board: Ayes:
~ay:
Abstain:
Absent:
Othe
Granting the Relief Requested is with
spirit of the zoning code
Relief is not substmntial
Burden of hardship or difficulty sho
Circumstances are unique
Variance will not change character
the neighborhood
Interests of 3ustice served by gran~
Othe:; for Special Exceptions
() ()
() ()
() ()
Notes:
Legal Notices
LEGALNOTICE
NOTICE IS HEREBY
GIVEN, pursuant toSeetion267
of [he Town Law and the
Provisions of the Amended
Cede of the Town of Southold, a
Regular Meeting and the fol-
lowing public hearings will be
held by the S0uthold Town
Board of Appeals at the Town'
Hail, Main Road, Southold, NY
on Thursday, December 17,
1981 commencing at 7:15
o'clock p.m. as follows:
7:15 p.m. Application of
Frank E. Brophy, 75 Second
Street, New Suffolk, NY ,Ior a
Variance to the Zoning
Ordinance, Article III, Section
100-31, Bulk Schedule, for
permission to construct dock
addition to dwelling with an in-
sufficient front and sideyard
setback at 75 Second Street,
New Suffolk, NY; bounded
north by Grathwohl & ano.;
west by Martin; south by
Wetzel, Grathwohl and ano.;
east by Second Street. County
Tax MapPareelNo. 1000.117-10-
20·7.
7:25 p.m. Application of
James P. Latham, Plum Island
Lane, Orient, NY for a Var-
iance to the Floed Damage Pre-
vention Law~ Chapter 46,
Section 46-19 for permission to
construct cellar slab
approximately eight feet abeve
mean sea level in this V-5
Coastal Flood Zone and without
structural support and anchor-
age by pilings or columns.
Location of Property: Private
Road (Peter's Necl~ Pt.),
Orient, NY; bounded north by
G. Latham and Gids Bay; west
byStrachan,PrivateRnad, and
Bliss; east and south by Orient
Harbor. County Tax Map
ParcelNo. 10~0.32-1-12.
7: 35p.m. Applicationof Janet
A. Davis, Carrington Road,
Cutchogue, NY for a Variance
to the Zoning Ordinance,
Article III, Section 100.30A, B
for permission to operate an
antique shop in an A,Agricul-
tural & Residential District.
LocationofProperty: Coruerof
Main Road and Pequash
Avenue, Cutchogue, NY;
bounded north by Scharadin;
west by S.R. 25; south by Pc-
quash Avenue; east by-
Carroza. County Tax Map
ParcelNo. 1000-102-3-7:
7: 50p.m. ApplicationofPeter
S. Terranova, Box 77, Peconic,
NY for a Variance to the Zoning
Ordinance, Ar ticle III, Sections
100-31 and 100-34 for permis-
sion to construct deck addition
to dwelling with reduction of
frontyard area and beyond
property line. Location of Pro-
perry: 1170 Huntington Blvd
(a/k/a 565 Sound Ave.), Pe-
conic, NY; bounded north by
Murdock; west by Sound View
Ave.; south by Huntington
Blvd.; east by Hoffman;
County Tax Map Parcel No.
1000-67-2-1.
7:55 p.m. Application of
David Strong, by Richard J.
Cron, Esq., Main Road, Cut-
chogue, NY for a Variance to
the Zoning Ordinance, Article
XIV, Section 100-141(D) for
permission to construct
additions to existing building
pursuant to Appeal No. 825·
Location of Property: 2400
Camp Mineola Road, Matti-
tuck, NY; bounded north by
Strong; west by Wilsberg,
Strong and James Creek; south
by Kreh & ano.; east by Kreh &
ano. County Tax Map Parcel
No: 1000-122-9-6.1.
8:06 p.m. Application of Jay
P. & M. Joaune Davis-Slotkin,
Box 9~0, Cutchogue, NY for a
'- -lance to the Zoning Ordin-
a. Ce, Article III, Section 100-30
for permission to establish pro-
fessional medical offices on
premises zoned "A"
Residential a nd Agricultural at
50 Ackerly POnd Road (a/k/a
49725 Main Road), SouthOld,
NY; bounded north by
Johnson; west by Baker and
ano.; south by Ackerly Pond
Lane; east by Main Road.
County Tax Map Parcel No.
1000-70-5-4.
, 8:20 p.m. Application of
Martin Nelsen, treat Peconic
Baay Boulevar~l, I.,aurel, N ¥, tor
~ Variance to the Zoning Ordin-
/ Ior perm~ssmn to construct
· west by Wendy Drive: south by
· (it. Peeonic Bay Blvd.: p~t hy
~va.andKennedy. CountyTax
8:25 p.m. Application of
William-J. Clark, Esq. for Jo-
seph Yaboni and Myron Haupt-
man. Middle Road, Mattituck,
NY for a Variance to the Zoning
Ordinance, Article III, Sec-
tions 100-30(A) and 100-32B for
approval of insufficient side
yardareas of existing buildings
due to lOCation of nev~ lot lines.
Location of Property: Oregon
Road and Elijah's Lane,
Mattituck, NY; bounded north
by North Road and Reliable
Associates; west by Etijah's
Lane; south by Tuthill; east by
Yaboni & ano. County Tax Map
Parcel No. 1000-100-4-6.
8:40 p.m. Application of
William A. Kreitsek, 9030
Soundview Avenue, Southold,
NY for a Variance to the Zoning
Ordinance Article III, Section
100-31, Bulk Schedule for ap-
proval of the construction of at-
tached deck and pool with re-
duced rearyard setback at 9030
Soundvinw Avenue, Sonthold,
NY; bounded north and east by
Grattan; south by Mudd; west
by Kreitsek. County Tax Map
Parcel No. 1000.59-7-27.2.
8:45 p.m. Application of
Richard A. Miller, 2895 Aldrich
Lane, Laurel, NY for a
Variance to the Zoning
Ordinance, Article III, Section
100-32 for permission to
construct wind generator
exceeding the maximum
height requirements at 2895
Aldrich Lane, Laurel, NY;
bounded north and west by
Town of Southold; east by
Aldrich Lane; south by
Boschetti. County Tax Map
Parce]No. 1000-125-2-1.5.
Dated: December5,19ii1.
BYORDEROF
THESOUTHOLDTOWN
BOARDOFAPPEALS
1TD10-3823
EW YORK )
)SS:
'SUFFOLK )
..e....a...n.......R..y...s....k...o.. ......................... of Greenport, in said County,
is a representative of THE SUFFOLK TIMES, a weekly
=ublished at Greenport, in the Town of Southold, County
ate of New York, and annexed is a printed copy that has
rly published in said newspaper once in each week
*.. week(s) successively, commencing the..,..l**~..~ day
:eX. .......... 19....~.J .................
for~ m~ thi~.........1....O.~..h.. .......................
lC.C..~ah.~X ........... 19.......~.J ...........................
HELEN K DE VOE
PUBLIC, State of New York
4707878, Suffolk County
[×plres March 30, ]9,~
LEGAL NOTICE
NOTICE IS HEREBY GIV-
EN, pUrsuant to Section 267 of
the Tov, n Law and the Provi-,
sions of the Amanded Code of
the Town of Southold, a
Regular Meeting and the
f°tlowin8 public henrin~s will
be held by the $omheld Town
. Board at' Appeals at the Town
Hall, Main Road, Southold,
N.Y. on Thursday, December
17, 1981 commencing at 7:15
o'clock p.m: as follows:
7:1.5 p.m. Application of
Frank E. Brophy, 75 Second
Street, New Suffolk, N.Y. for
Variance to the Zoning Ordin-
ance, Article HI, Section 100-
3.1, Bulk Schedule, for permis:
s~on to construct deck addition
to dwelling with an insufficient
front and side yard setback at
75 Second Street, New Suffolk,
N.Y.; bounded north by Grath-
wahl & ann.; west by Martin;
soUth by Wetzel, Gruthwohl
and ann.; east by Second
Street. County Tax. Map Parcel
No. 1000-117-10.20.7.
COUNTY OF SUFFOL9
STATE OF NEW YORK
Patricio Wood, being duly sworn, soys 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,
bas been published in said Long Island Traveler-Watch-
man once each week for ................ ..~ ..................... weeks
successively, commencing on the ..... .~..~ ......................
....... ,
..........
Sworn to before me this ......... .~..%. .............. day of
..... ......... ,
7:25 P.m. Application by
James P . Latham; Plum
Island Lane, Orient, N.Y for a
Variance to the Flood Damage
Prevention Law, 'Chapter 46, /J/I I _ ,,,--, ,o
Section 46-19 for permission to
_c~'~7~ ~ Slab appmxi- · ...... ~ ................................
m N :'~''' Main Road~ ,- ' _ _ Notd~/~Public
s~ .r.; bounded aOUthold, j
P s°a:' W'6si b_ ,. norlfi by John_
4 SOuth'b,, ,, '~ oalier and ann. tion of u~,.. , CLEMENT J. THOMPSON
, east §;'~,~e~erly POnd Lan:: of Prone~~ ~t fi,es. Loeafi~ .... "OTARY PUBLIC, State of New York
-' Ta~ 'wa!n ROad. c'~.. ~' Eliia~.:~'-r.y: ~'regon Ro-,~ on, Struct w;-.~'
~ ~ ~ ,.sap Pa~b~l P~'~';~"_"nrY ~: ~ "~ t-ane, ~ . ~- aha i .... "'~ generato. -
' :! '~. '"" JuuO-70:5. '"x'; bound-~ '"aLt/tuck, -s. ~ne maxim,,~ .' ~xcecd.
8.?n ROad a,,.~ ~, cu north by Nn~k qulreme,,_ "'" height re
~m. An,,~; - vz,~ + ~'"~ ~eliable a. - .'~'"' Lan* · ,,,a at 2895 a~
.~.~arti~ation ~r ,-s, ny El;;..-, '~*soc~ates. *, caurel x,- .-.Uric/]
~ by Tuth. -,jan s Lane; so".;-' north and ,.,'.. '~'.~'; bOUnded
~a La~ an^ ~. '"' 'east bY v ~_ "'" $out~ ,- ..~st Oy Tow-
~ ..~LY. araiace~ .. "' COUnty Ta~ ~.-a~nl & ,~, -ora; east b,. *, '~. or
~ce~ t'~o. lO00-1on .~ ~ ~nap Par~e3 -~ane; south k ~ '~drtch
1~ ~ ~-'.-6. -- Count., ~- "Y OOSche--.
~~io- '~Jt//am a ~. FPttcation of -emoer 5, IqRI ·
Kenned. ~x ~y Blvd. and bo~ of a~ac ~ne ~nStruc.
8'~ ~' ~'128-5'4 "P at ~3n .~u rearyard
w~liam .I ~.aPpllcation of aouthold, N mw Avenue
-. ~ - · 'Y.; b ,
JOSeph y.~ ~rk, ~sq. fo. and east by ~.. OUnded
Hauntm- -uonj and Mvr~ MUdd; w~'a~ta"; ~uth bY
MaCtruck N vtddle ROad County Tax ~, y Krettsek.
to the ; "l'" fora Vari-- ' 1~.59.7.97 ~nap Parcel No
~ntC!elll, Se~:~- ~Umance, ,. :'~ P.m. A .... ·
~d 1~-- ,-ns 1~.30 ra~ niC~ard A ,...~pncatmn
insuffi~~. for appmvaI '~ drich Lan-..~nnler, 2895 a~-
& uu~dlngS due to · - o. dlnanee [,o .the ~nin- ~ a
~ld 'alto o
LEGAL NOTICE
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 Town Hall, Main Road,
Southold, NY on Thursday, December 17, 1981 commencing at 7:15
o'clock p.m. as follows:
7:15 p.m. Application of Frank E. Brophy, 75 Second Street,
New Suffolk, NY for a Variance to the Zoning Ordinance, Article
III, Section 100-31, Bulk Schedule, for permission to construc~
deck addition to dwelling with an insufficient front and side yard
setback at 75 Second Street, New Suffolk, NY; bounded north by
Grathwohl & anoo; west by Martin; south by Wetzel, Grathwohl and
ano.; east by Second Street. County Tax Map Parcel No. 1000-117-10-20.7.
?:25 p.m. Application of James P. Latham, Plum Island Lane,
Orient, NY for a Variance to the Flood Damage Prevention Law,
Chapter 46, Section 46-19 for permission to construct cellar slab
approximately eight feet above mean sea level in this V-5 Coastal
Flood Zone and without structural support and anchorage by pilings
or columns. Location of Property: Private Road (Peter's Neck Pt.),
Orient, NY; bounded north by G. Latham and Gids Bay; west by
Strachan, Private Road, and Bliss; east and south by Orient Harbor.
County Tax Map Parcel No. 1000-32-1-12.
7:35 p.m. Application of Janet A. Davis, Carrington Road,
Cutchogue, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-30A, B for permission to operate an antique shop in
an A-Agricultural & Residential District. Location of Property:
Corner of Main Road and Pequash Avenue, Cutchogue, NY; bounded
north by Scharadin; west by S.R. 25; south by Pequash Avenue; east
by Carroza. County Tax Map Parcel No. 1000-102-3-7.
7:50 p.m. Application of Peter S. Terranova, Box 77, Peconic,
NY for a Variance to the Zoning Ordinance, Article III, Sections
100-31 and 100-34 for permission to construct deck addition to
dwelling with reduction of frontyard area and beyond property line.
Location of Property: 1170 Huntington Blvd (a/k/a 565 Sound Ave.),
Peconic, NY; bounded north by Murdock; west by Sound View Ave.;
Page 2 - Legal Notic
B~o~rd of Appeals Re( Meeting of December 17~,~981
south by Huntington Blvd.; east by Hoffman; County Tax Map Parcel
No. 1000-67-2-1.
7:55 p.m. Application of David~Strong, by Richard J. Cron,
Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordi-
nance, Article XIV, Section 100-141(D) for permission to construct
additions to existing building pursuant to Appeal No. 825.
Location of Property: 2400 Camp Mineola Road, Mattituck, NY;
bounded north by Strong; west by Wilsberg,
south by Kreh &ano.; east by Kreh &ano.
No. 1000-122-9-6.1.
Strong and James Creek;
County Tax Map Parcel
8:05 p.m. Application of Jay P. & M. Joanne Davis-Slotkin,
Box 950, Cutchogue, NY for a Variance to the Zoning Ordinance,
Article III, Section 100-30 for permission to establish professional
medical offices on premises zoned "A" Residential and Agricultural
at 50 Ackerly Pond Road (a/k/a 49725 Main Road), Southold, NY;
bounded north by Johnson; west by Baker and ano.; south by Ackerly
Pond Lane; east by Main Road. County Tax Map Parcel No. 1000-70-5-4.
I 8:20 p.m. Application of Marti__n Nels?___~n, Great Peconic Bay ~
;
Boulevard, Laurel, NY, for a Variance to the Zoning Ordinance, /
/
Article III, Section 100-31 for permission to construct addition ~
with reduction in frontyard area at 2835 Great Peconic Bay Boule- ~
vard, Laurel, NY; bounded north by Williams; west by Wendy Drive;~
south by Gt. ~econic Bay Blvd.; east by Blvd. and Kennedy. County~
ax Map Parcel No. 1000-128-5-4. ~/
8:25 p.m. Application of William J. Clark, Esq. for
Joseph Yaboni and Myron Hauptman, Middle Road, Mattituck, NY for
a Variance to the ZoniI.~ Ordinance, Article III, Sections 100-30(A)
and 100-32B for approval of insufficient side yard areas of exist-
ing buildings due to location of new lot lines. Location of Property:
Oregon Road and Elijah's Lane, Mattituck, NY; bounded north by
North Road and Reliable Associates; west by Elijah's Lane; south
by Tuthill; east by Yaboni &ano. County Tax Map Parcel No. 1000-
100-4-6.
'~Age 3
Legal Notice
Board of Appeals
Regular Meeting of December 17, 1981
8:40 p.m. Application of William A. Krietsek, 9030 Sound-
view Avenue, Southold, NY for a Variance to the Zoning Ordinance
Article III, Section 100-31, Bulk Schedule for approval of the
construction of attached deck and pool with reduced rearyard set-
back at 9030 Soundview Avenue,
east by Grattan; south by Mudd;
Parcel No. 1000-59-7-27.2.
Southold, NY; bounded north and
west by Kreitsek. County Tax Map
8:45 p.m. Application of Richard A. Miller, 2895 Aldrich
Lane, Laurel, NY for a Variance to the Zoning Ordinance, Article
III, Section 100-32 for permission to construct wind generator
exceeding the maximum height requirements at 2895 Aldrich Lane,
Laurel, NY; bounded north and west by Town of Southold; east by
Aldrich Lane; south by Boschetti. County Tax Map Parcel No.
1000-125-2-1.5.
Dated: December 5, 1981.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
Instructions to newspapers: Please publish Thursday, December 10,
1981 and forward 10 affidavits of publication to Board of Appeals,
Town Hall, Southold, NY 11971, on or before December 16, 1981.
Legal Notice to the following on or about Monday, Dec. 7, 1981:
Suffolk Times, Inc.
L.I. Traveler-Watchman,
Mr. Frank E. Brophy
Mr. James P. Latham
Ms. Janet A. Davis
Rudolph H. Bruer, Esq.
Mr. Peter S. Terranova
Rudolph H. Bruer, Esq.
Mr. David Strong
Inc.
for Davis
for Terranova
Richard J. Cron, Esq. for Strong
Abigail A. Wickham, Esq. for Davis-Slotkin
Mr.~tin Nelsen
William J. Clark, Esq. for Yaboni & Hauptman
Mr. William A. Kreitsek
Mr. Richard A. Miller
TELEPHONE
(516) 765-1801
JUDITH T. TERRY
TOWN CLERK
REGISTRAR O! VITAL STATISTICS
Southold, L. 1., N. Y. 11971
November 30,
1981
To: Southold Town Board of Appeals
· . T. Terry, Town Clerk
From: Judxth ~-~ti~n of Martin and
.... 4~ ~al No. 2934 aPP~-~--~-+4ee to Adjacent
it ed hereWl~U ~ ,.~,r- ~lso included ~s: ~u~- ~,~*x~ of
Transm t · . ~ & ~ ......
· ~ Nelsen for a ~%rx%nce f Edwin Kenned~ ~&tive to New
Mxldred · a wxllxams & w., letter ~'~ ....
~nnerty owners. R.y __+~3 Assessment Form, ...... ~, of the property
-~5 ~. 9hort Envlronm~x~-- ~ ~ ~e~ulationS, ~u~g ~tment.
Su~O~, ~"~ Wetlands Lanu-~ ~- ~ ~ the Buila~ng ~'
York State xxu~j ~*~e o~ Disapprovax ~'"
in question, anu ......
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
To ~/A~....C~.......,~. ~ c~-~..
....~..... ~'J~. .....................
· ............
PLEASE TAKE NOTICE that your application dated ,X~.~'F7~t~.~ . ~ .... 19 .~./..
for permit to construct ~,~'~:~/~7.0~. Z~.~....~-',~;~'~-. · · ~ ......................... at
LocationofProperty t.~.,.~cTcj~'ff~ ~..~../~.C ~5~.c~. /~t/k~:~ ~.Cd,'.,'.,'.,'.,'.,'.,~..~'
kof~s'e ~]o; ......... ~'~ ..... 'S~/'e;H 'fl ................. Hamlet
County Tax Map No. 1000 Section ../Of. ........ Block .... .~...~. ..... Lot . {~2{~...~. ......
Subdivision ..........~ ...... Filed Map No .......... ~. ...... Lot No ..................
is returned herewith and disapproved on the following grounds . ~t~YM.C--,7~/.Q..'~J. · .0~--.../~-~E-.O'J&/ '
.>c',a ~o . . '.H,~. . ~. . ~. .,em4,n,. . w~,n,,a. ~. .,nc_ ~. v. . . o,o.~,s.~ . . z .u ~,.o.Z.~.,o, '~
..._-~,-...~...~,~....--. ....... ,~. .,~. 2~ .... ~-~. . /.o. . o . .-. ~: . . . ~z ,~. ~.~,~,~ ~ ~
RV 1180
that. the preparer v~tl use. currently avail, able ~nforma~on concerning ~he
project nnd the lihcly impacts at the ac[ion. I% is not expected
additional studies, research or o[her investigations will be undertaken.
(b) 1[ any question has been answered Yes the project may be
::jgnificon[ and o co:nl~leted Env.[ronmentol Assessmen~ Form is necessary.
(c) If all questions hove bean onswered l.~o it is likely tha~
projec~ Js not ~lgni~icant.
Environmental Assessment
'J.[,~i~[ project result--in o large physlcol change
to the project site or physically alter more
tl,m~ 10 acres of land? ...................... . .
2. %1ill there be a major change ~o any unique or
-unusual lnnd fo~m found on [he site? ........ Yes
3. Will project alter or have a large effect on '
'sting b dy of wot<r? ~es
4. ¥/ill p;ojact have a potantially large impact
on ground',~aie~ quality? ................... Yes
5. ~':ill project signffJcantly a[~act ~[olno~. .....
flow on adjacent sites? ...................... Yes
6. ~','ill project affect any lhre'ofanad or
endengorcd plant or animal species? ..... Yes ~ No
qua.lit)? ' Yes ~ No
to answer the questions in this short EAF it is assumed
8. ~,'/ill project have a major effect on visual
character of the coramunity or scenic views or
vistas known to'be important to the community?... Yes
~. Will project adversely impact any site or ..
structure of historic:, prehistoric or
poleontologicol importance or any si}e
designated us o c~itical environmental area
b7 a local agency? ............ ~:......,-.v.....:--~..~.. Yes..~qo
lO. %'Ii11 project have o major effect on exisiino
or.futura recreational opportunities? ......... Yes_/No
11. 6'111 project result in .major traffic problems
or. cause o mejor affect ia existing
tronspartofJon systems? ....................... .
12. ~'lill project regularly cause objeafionable
odors, noise, glare, vibration, or electrical
disiurbanca os a result of fha projecf's
' tion? ' Yes ~No'
OpeYO ..................................... _
13. ~'/ill project hove any impact on public health
or .safety? .................. Yes~ No
14. %'/ill project affect tine existing community by ''
direc[1y causing o Dro',,~th in permanent
populotJon of more than 5 pcrcc~t over a one
year period or have o major ncDmtive effect
on the character of the community or
neighborhood? ................................. Yes ~No
ls [here public controversy concerning the ~
project? ...................................... ~es No
PR EPAP, E R ' S
REPRESEIITIh, G
Yes
15.
(Today's Date)
To: Sout!:old Town Board of Appeals
:.Ia in Road
Southo !d, NY 11971
Location of~ ~Prc~perty :~.~. ~,~_?~_ ~la~] ~)~[ r~/~.,~ ~
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 '.,YCRR, Part~ 661, and Articl.e' 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;
ho%.;ever, 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 tile 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,
(Signature please)
TOWN OF $C~THoLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSP~ECTOR
DATE ~V(,°. O.. 2.05.!.~..~. ? .....
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
I, ~ e) .................................................................. o ................................................. 7" ................ ' .....
Name of Appellant' Street and Number
...... L.~..~..,.~.,.,I .............................................................................. ../~....~..,~,...'......HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ........ g.. ./..~.~..f. .............................
WHEREBY THE BUILDING INSPECTOR DENIED TO
...... ....................
Name of Applicant for permit
........... ................. ........................
Street and Number Municipality State
() PERMIT TO USE
() PERMIT FOR OCC~UPANCY ' r
'i'")11
1. LOCATION OF THE PROPERTY ....... L.~...~.¢..~...M~.......'.~_'~... ....... {2..~..~'....~..? .......................................
Street Use District on Zoning Map
..... .................................
/Wop No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
3. TYPE OF APPEAL Appeal is made herewith for
( ~'~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 ..(hos)(~h~as not)~t~een made 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
A Variance to the Zoning Ordinance
,s requested for the reason that /-'L~z ~ ~ ~---~,-~'7~,
~o~ ~1 (Cantinue on other side)
REASON FOR APPEAL Continued
sary HARDSHIP because
STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
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
3 The Vcriance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
COUNTY Signature
Sworn to this L~~ '7~ ~~~.
.................................. ~. ........... day of ................. 19~::~
Notary Public ~;f
JUDITH T. TERRY
Notary Public. S~3te of r!ow York
No. 5203.~4953~ £uf:o'.k Coun~-~
Commission Expirus /~arch 30,
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
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
)
1. lhat it is the intention of the undersigned to petition the Board of Appeals of the lown of Southo[d
to request ~{Special Exception) (Special Permit} {the following relief:
I.
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 2.~g5~ ~-7-. ~'~'c-,~;'c ~-'~'"~t T~Juc~,. ~.c~-or~.!,
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:
~
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article ~ ~ect~c~ /~ -- '~
I
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. (5].6) 76'$-1809.
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: /~0o ~36/ ! ~ ~: f
Petitioner
Post Office Address
nj
NAME
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
119¥
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
, residing at ~co~,, ~_ ~'~ /~/~J' Ldr~l .
, being duly sworn, deposes and says that on the .3 o day
deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll~of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at ~-~, ~rr ~-/~ I c~ ; that said Notices were mailed to each of said persons by
(certified) (registered) mail. ~.~ d ~ ~_~~
Sworn to, b.e~ore_ me thais L~
~// - Notary public ~ -
JUDITH T. T~RRY
Notary Pab, $'ate of New
Ng, 2-0.~44.~o ~.,uo,.: Country/..
~lmssion D:pires March $0,
REVISIONS YOUNG & YOUNG
dULYi6~J973, 400 OSTRANDFR AVFNUE, RIVERHEAD, NEW YORK
SEPT.4, 1973
ALDEN W. YOUNG HOWARD W. YOUNG
SURVEY FOR:
WARREN HEFFNER &PAULINE HEFFNER
'row. o,,
SOUTHOLD '<~
BY ~ ' 4
24
18A(c)
Legend