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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