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HomeMy WebLinkAbout3113 "" ....... £ App Southold Town Board o eals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y, 119'71 TEl FPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI June 8, 1983 Mr. and Mrs. Burke E. 1420 King Street Orient, NY 11957 Liburt Re: Appeal No. 3113 Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Southold Town Board of Appeals Appeal No. Application TO: Mr. and Mrs. Burke E. 1420 King Street Orient, NY 11957 MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11~71 TELEPHONE(516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS 3113 Dated April 7, 1983 (Hearing held May 27, 1983) Liburt [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on MAY 27, 1983 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 [X] Request for Variance to the Zoning Ordinance Article III , Section 100-32 [ ] Request for The public hearing on this application was also held on May 27, 1983. Application of BURKE E. LIBURT, 1420 King Street, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permis- sion to construct accessory horse barn in the sideyard area, at 1420 King Street, Orient, NY; County Tax Map Parcel No. 1000-026-02-040. The board made the following findings and determination: BY this appeal, appellant seeks a Variance to Article III, Section 100-32 of the zoning code, to locate an accessory structure (horse stable) in the sideyard area to the north of the existing one-family dwelling, and set back approximately 40' from the northerly property line, 71' from the westerly property line, and approximately 73' from the easterly property line (fronting King Street). The premises in question is improved with a one-family two-story dwelling structure and garage and a 1½-story accessory building, which is located on the rear property line. For the record it is noted that the 1½-story accessory building was the subject of a prior appeal (Appeal ~3082) which was required by the board's decision rendered February 25, 1983 to be located a minimum of 40' from all lot lines for the reasons stated in that prior decision. It is also noted for the record that due to the unusual shape of this 39,048-square-foot parcel, there is a minimal rear yard area available for new construc- tion. In considering this appeal, the board determines that the variance request is not substantial under these unique circumstances; 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 facili- ties 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 as as applied for. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was (CONTINUED ON PAGE TWO) DATED: June Form ZB4 (rev. 7 , 1983. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3113 Matter of BURKE E. LIBURT Decision Rendered May 27, 1983 RESOLVED, that Appeal No. 3113,. application of BURKE E. LIBURT for permission to locate accessory horse stable in the sideyard area, BE AND HEREBY IS APPROVED AS APPLIED FOR. Location of Property: 1420 King Street, Orient, NY; County Tax Map Parcel No. 1000-026-02-040. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Doug- lass and Sawicki. (Member Grigonis was absent.) This resolution was unanimously adopted. GERARD P. ~RINGE~/, 'CHAIRMAN June 7, 1983 .b .w 7.,tn4 $,t,~.,t - P.O. Box 753 O~t, ~ ~o,t,t~ 11957 ~12~ 12. 1983 Boa,~ o~. 7o~n. o~ $ou.~oJ. fl 7auw~ HaJ.~, Ilia. i~ $ouXAo~, I~e~ ~Lo,~t~ 11971 :~eq~a,z~L~q. ,cae p,e..t, iX~r~ o~ ou~ r~..~jJ~o.% ll~. ~u~lce ~_.o.~ a ua,'~tan, ce on. h~ p~ape~ aX. 1620 ~ $,f.~..e~, O,t,/.e.r~, we h.aue n.o ob~e.c.~or~ .to ~ p.topo,oed Greenpert, NY, fora Variance 100 60 (A) ~- B' f - · l~the Zoning Ordinance, '.. _~ ( J or~ l~eeamc, NY;countyTaxMap l~lelll, Seetions100-23 and ~ .. ~perm...ms]onm~iructanew ~ ParcelNo 1000-86-8.1s . Hearing: DOROTHY REISE 100-32 for permission to re- ~we. mng in tl~is B-Light 8 25 p ~. A~)~[i~'tiun ,,~ ~; (~_O~n_ er) and RIAL REALTY !,Dca.re accessory structure in ~ ~nsm. esS~Dls .t~ic_t at 860 Mam i . JOHN AND JA~S~'~ '~ ~: '~OR.P.. (Contract Vendee) bY me trunt/side yard areas at ~' ~oayv].e~. t~eaa, ~outhold, NY; ? FLOWERS, 400 Conldin ~d'. _~uao. tph H. Bruer, Es~. Heathulie Avenue, Fishers . ~ ~oumy Tax Map Parcel No.~ ~ * Matt]tack, NY for a Vartun~ 'reams court and garage on a Island, NY; MinorSubdivision 1,0~.~7.0'7'16.8._ . ~ ' to the Zoning Ordinance v_.aca, n~t parcel. East Hyatt · :oo p.m. ~pp]icatinn of Artic/e III, SectiOn 100-32 fo~ t~eaa, ~unthoid, NY. Map of Smith-Hilltard #155, ~ ALFRE · · · ~.Lot 3; more particularly ,~- ,.. D. ~A.ND ZINA HULL, . perm]ss]on to con *-**-* ~ Any persons desiring to be unown as County Tax Ma*~ No ~ ~ rear] .~croet, New York, ? garage in the Iron st.__, heard concerning the above · ? raVar eeto e ,at Conkl o d' t - Zdap rat .,7,:3.5~.m.. Applination for.' ~ ~e~,r~,~.°r~*".~n~;~-~cle.Xl,~. Matt]tuck, NY; asrde~ ~..um~..a.n. dplaeaa~ovenoted. --=-,~,r. uARD MORAND b .... "*'~ xw-xxut~ lor ~' Hei~.hts Suhdivlainn !q~**~ ~*~*, Il a~nltlonal information Irving L. Price, Esq., 828 ~ aP~t~mlssl.°.n.,to .ree.??.truct and Lots 24 and 25; Count~Ta~ . .n. eeded.,.p, lease contact Linda r'runt Street, Greenport, NY · im.r.ex~sun~ Druid]ag which Map Parcel No 1000-139-04- ~owa. isn], Secretary of the for a Variance to the Zoning ~ ~' womo excee~ 50~ of the fair ,~ 006 '~ · ~oarcl of Appeals, at 765-180~ Ordinance · · ~ market value of this structure ~: 8" ( or 765-1802) ,ArticlellI, Section. . . . , .30 p.m. A hcation . · 100-34 for permission to req.u.]ring a. variance to RICHARD E. sP~LLSVANf~vr -DATEO:A0r~27, t~. . construct add]ties, attaching' c_?n~ue°rremstatea.._se_e,°~,,,d- ~ David S Hortun, Kour~ ' BYORDEROF uwe]]ing unit in this A- ~' Road, N-e~v Suffolk, NY for a · * THE SOUTHOLD TOWN -..structure, ~ leaving an~ ~ id.eat]al Dtstrict. zat 3630 Variance to the ~nin,, ' BOARD OF APPEALS ~ t?sufficient sideyard setback ' NY' ~ew~ A_venu. e., t-'?omc, Ordinance, Article III, Section GERARD p. GOEHRING-ER ~:: ~as apr]nc]pal structure) at . .. , oun~y *~x Map t'arcel 100-31 Bulk Schedule f,, CHAIRMAN ~ ooumoia, NY' Foun~o~- / o:~,o p.m. ~pp]]cation of whi · ~.~ ........ SO ~ ch will exceed the $~ _Estates Map 834 Lot I ' ~ UTHOLD LUMBER CO., m 'mum I~' : 1C°~lMap Parcel No. So~t~old, ~n~oSr a vAaV~annU~ e. xxst.ing and pr~l~S~l~. 7'40 m A ' · to the Zonin Ordin · , ThirdStroet · P. · pphcation of . g. ance, New Suffolk NY-Co WILHELM & SILKE Article XI, Section 100-119B Map No. l~-ll7~ty Tax  NKEN. 75 Carroll Street for permission to erect fence 2'35 O m ' · , _, *. ---: ....... 4' in height iong °n th~~tyard~area of thea,~ /~*-~-~'~'~;;: ~'~..~"*' Article III Section 1oo .~ ~* P raises more pertlcularl~to thp ? ~ · ~. Bulk Schedule, for permission Av°ewn ..as 6.75 Bo]sseau Arhcle Ill, Sections 100' ~ to construct new dwellln~ wi~h nun, ~oufhold, NY; Court 30 . ]nsuffic]ent fron ya TaxMapNo. peak/on g ~, ~lt~bavOek, at Osprey Nest Road, HE~ROyP~I~A~p~pl~.a.t. io..n. ~f dwelling for two-family use ~ - ~ es Point Section ~I, Map-~.~ ~ ~ ~,_'_~t~ we]is second-dwellin un] ' ~~,~. ~.~ ' 2752, Subdivision Lots 14 and ~oa.u, r'eeonle;~Ny for~ a..~ less than the NOTICE ~: ~ , reenpert, County Tax · . the Zonmg~$quare feet of llvin G1 ~ ..__..IS . .~IE_REBY Map Parcel No. 10~0-35-6-22 Ordinance, Article 100-32 for 59670 C R ~_~_~_a.rea, at ~G.~IVE._, ~,~ou~nt m ~ection ' 23. 24_ ' permission to c^-o*---* ..... .., ~ ..... ~r~, more ~ pi the Town Law and th accesse s · · Y 'dentil]ed as Provisions ^. ..... lc.~ ~ p.m. Apphcat]on o'~'~l~ .,_ . .ry ~.tor, age braiding in CountyTaxMaaN ~ac~ -:?.~ ...... ,,* ~**e ~,menne//.',/BUBKE E. LIBURT, 1420 ] merromanas]deyardareaat 2, - 0 .,~'-~o~meTownofSouthuld,: ~KingStreet, Orient, NY f~j 2615 Wells Road, Peeenic, NY. 8'40 , ?~/l~. ~ ,,Regular Meeting and the 'i ~Var~ance to *~- ~L'-'~L~ I County Tax May Parcel ~.' .**~ ~P~m~;.,Apphcation of i'~ouo ' Public · ...... mngt ........................ v~v~ North ~.~ ,._~ __ Hearings will ,~ ~Ordinance, Article III Scc~a^~= · *~'-~r~-l.2. Gree .......... Road, ~ ne~.u Dy ~e Southold Town :-~' 100-32 for .... :_!. "¥" ~ 8:15 p m A',~,licat~- ~-- - ..~/r~, ~-~ ~, ~or a Southuld To~ ~**a~.tn.e :~c_o?st.ru.c.t accessory horse! ;~,~-~.: .~.~EPEL. Ord~aace, ArticleIXi Road ~.,..*~--,.~ .;'°¥-' ~.uam ':loam m the sideyard area at % ~.~,.o. oy rtmloipe H. Bruer, 100-30(B)rl] ~ .... " ~.~.~..~'~. -,om, l'~ew ¥ora, on ]1420 Kine Street ~.i,~.~ i'~-. ~ ~sq., Main Road, Southuld ,~.,~ _~ ?.-_.-,-~,~.-?sion to co .n)~.. encing at 7 30-i~,~n 'a~ ,i/f ~X.~Map Paroel~.~ ~o~i~ ~Or'~di~aanr~ n~c e~ ~ ~°~ ~ ~.® t__w,o-,famlty dwelling use on ~ astollows. ' ' *'~- --: --~-~' - -- Section 100-31 f~-'-'~-'-'-'-"'-=-[zz; ?]n~.m.um two-acre parcel .~7.?.0 p,m, Application for ~ JOHN Gn~a~Pep ~* · ~ of two ropesed oar hzvi.,~ ~', ~ ~eoaoat the south side of HILLIARD IhL~I~M, .J. Vle.W. Road, Southuld, NY, for ' ~ap?r. ox]matety $7,069 square particularly i~e'-~' ?ore '~/, Front~ Sireet, Ordinance, Article VI, Section · road frontage, at the north 100~ ii ~. 5 P cci No. side of Indian .Neck Lane, 9:00 p.m. Recessed STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK ) ....... ~.=~...~....~,u= ~av.~z~ ............ of Greenport, in said County, says he/she is a representative of THE SUFFOLK TIMES, a weekly newspaper, published at Greenport, in the Town of Southold, County of Suffolk, State of New York, and annexed is a printed copy that has been regularly published in said newspaper once in each week for_..Q..*lc. ..... week(s) successively, commencing the...].~..~;~-day ,~torn to I~ore me this ............... .1....2...t...h., ......... day of ......... ~. ....................... 19 ........... ~..~ ................. HELEN K. DE V0E NOTARY PUB/lC, State of New York No. 4707878, Sultolk County Term Expires March 30, ]9~C Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals at the Seuthold Town Hall, Main Road, Southold, New York, on .FRIDAY, MAY 27, 1983 com- mencing at 7:30 p.m. and as follows: - 7:30 p.m. Application for REV. WILLIAM J. HH~I!ARD, by Irving L. Price, Esq., 828 Front Street, Grennport, N.Y., for a Variance to the Zoning Ordinance, Article III, tions 100-23 and 100-32 for permission to re-locate acces. sory structure in the front/side yard areas to Heathulie Aven- ue, Fishers Island, N.Y.; Mi- nor Subdivision Map of Smith- Hllliard #155, Lot 3; more particularly known as County Tax Map No. 1000.9.6 -5.2. 7:35 p.m. Application for HILDEGARD MORAND, by Irving L. Price, Esq., 828 Front Street, Greenport, N.Y. .' for a Variance to the Zoning Ordinance, Article Ill, Section 100-34 for permission to con- struct addition, attaching non- conforming accessory struc- ture, leaving an insufficient~g sideyard setback (as a princi- pal Structure), at 935 Old Shipyard Lane, Seuthol~, N.Y.; Founders Estates Map 834, Lot 107; County Tax Map Parcel No. 1000-64-05-021. ~7:40 p.m. Application of WILHELM & SILKE FRANJ~- EN,. 7~ Carroll Street, Brook- I~n, N~¥.for a Variance to the · Zoning Ordinance, Article IR, Section 100-31, Bulk Schedule, for permission to construct new dwelling with an insuf- ficient- frontyard setback, at Osprey Nest Road, Cleaves Point Section 1~ Map 2752~ Subdivision Lots 14 and 15, at Greenpert; County Tax Map l. Parcel No. 1000-35-6-22, 23~. 24. ~, ,,, __ .~/~p.m. Application of SURGE E. LmURT, 2420 King Street, Orient, N.Y., for a Variance to the Zoning Ordinance, Article IH. Section 100-32 for permission {o con- struct accessory horse barn in the sideyard area, at 1420 King Street, Orient, N.Y.; County Tax Map Parcel No. ~1000-026-02-040; 7:50 p.m. Application of .JOHN GRIGONIS~ Main Bay- view Road, Seuthold, N.Y., for a Variance to the Zoning Ordinance, Article V~, Section 100-60 (A) & (B) for permis- sion to construct a new dwell- lng in th s B-Light Businesa, P District at 860 Main Bayview Road, Southold, N.Y.; County Tax Map Parcel No. 1000.70-7- 16.2. 7:55 p.m. Application of ALFRED AND ZINA HULL, 333 Pearl Street, New York, N.Y. 10038, for a Variance to the Zoning Ordinance, Article XI, Section 100-118E for per. mission to reconstruct and alter existing building which would exceed 50% of the fair market value of this structure, requiring a variance to con- tinue or reinstate a second- dwelling 'unit in this "A- Residential" District, at 3630 Soundview Avenue, Peconic, N.Y.; County Tax Ma Parce Patricia Wood, being duly sworn, says that she is the Editor, of THE lONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk, County; and that the notice of which the annexed is a printed copy, kas been published in said Long Island Traveler-Watch- man once each week for ........................ ~ .............. weeks successively, commenciag on the ............... ./..g:.._~. ........... ............................ , Sworn to before me this .............. ./...~....~.. ........ day of ............. .................... , CLEMENT J. "~O~PSON NOTARY PU3LIC, State of New ¥or~ ;?e, ~2-5321 Southold Town Board of Appeals IVtAIN ROAD- STATE ROAD 25 =U'IUTHOLD, L,I., N.Y. 11=J71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, New York, on FRIDAY, MAY 27, 1983 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application for REV. WILLIAM J. HILLIARD, by irving L. Price, Esq., 828 Front Street, Greenport, NY, for a Variance to the Zoning Ordinance, Article III, Sections 100-23 and 100-32 for permission to re-locate accessory structure in the front/side yard areas at Heathulie Avenue, Fishers Island, NY; Minor Subdivision Map of Smith-~illiard #155, Lot 3; more parti- cularly known as County Tax Map No. 1000-9-6-5.2. 7Y35 p.m. Application for HILDEGARD MORAND, Dy Irving L. Price, Esq., 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-34 for permission to construct addition, attaching nonconforming accessory structure, leaving an insufficient sideyard setback (as a principal structure), at 935 Old Shipyard Lane, Southold, NY; Founders Estates Map 834, Lot 10'/; County Tax ~p Parcel No. 1000-5~-05-~1. 7:40 p.m. Application of WILHELM & SILKE FRANKEN, 75 Carroll Street, Brooklyn, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct new dwelling with an insufficient frontyard setback, at Osprey Nest Road, Cleaves Point Section I, Map 2752, Subdivi- sion Lots 14 and 15, at Greenport; County Tax Map Parcel No. 1000-35-6-22, 23, 24. / 7:45 p.m. Application of BURKE E. LIBURT, 1420 King Street,~ ! Orient, NY, for a Variance to the Zoning Ordinance, Article III,/ Section 100-32 for permission to construct accessory horse barn { in the sideyard area, at 1420 King Street, Orient, NY; County / Tax Map Parcel No. 1000-026-02-040. 7:50 p.m. Application of JOHN GRIGONIS, Main Bayview Road, Southold, NY, for a Variance to the Zoning Ordinance, Article VI,' Section 100-60 (A) & (B) for permission to construct a!new dwell- ing in this B-Light Business District at 860 Main Bayview Road, Southold, NY; County Tax Map Parcel No. 1000-70-7-16.2. Page 2 - Legal Notice of Regular Meeting and Public Hearings Southold Town Board of Appeals May 27, 1983 Regular Meeting 7:55 p.m. Application of ALFRED AND ZINA HULL, 333 Pearl Street, New York, NY 10038, for a Variance to the Zoning Ordinance, Article XI, Section 100-118E for permission to reconstruct and alter existing building which would exceed 50% of the fair market value of this structure, requiring a variance to continue or reinstate a second- dwelling unit in this "A-Residential" District, at 3630 Soundview Avenue, Peconic, NY; County Tax Map Parcel No. 1000-68-04-004. 8:05 p.m. Application of SOUTHOLD LUMBER CO-?, INC., Youngs Avenue, Southold, NY, for a Variance to the Zoning Ordinance, Article XIi Section 100-119B for permission to erect fence exceed- ing 4' in height along the frontyard area of these premises more particularly known as 675 Boisseau Avenue, Southold, NY; County Tax Map No. 1000-63-02-030.1. 8:10 p.m. Application of HENRY PIERCE, 2615 Wells Road, Peconic, NY for a Variance to the Zoning Ordinance, Article 100-32 for permission to construct accessory storage building in the front and side yard area at 2615 Wells Road, Peconic, NY; County Tax Map Parcel No. 1000-086-02-1.2 8:15 p.m. Application for ROBERT T. KROEPEL, D.D.S. by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of two proposed parcels having approximately 37,069 square feet in area and 120.85 feet of road frontage, at the north ~ide of Indian Neck Lane, Peconic, NY; County Tax Map Parcel No. 1000-86-6-16. 8:25 p.m. Application of JOHN AND JANET FLOWERS, 400 Con- klin Road, Mattituck, NY for a Variance to the Zoning O~dinance, Article III, Section 100-32 for permission to construct garage in the frontyard area, at 400 Conklin Road, Mattituck, NY; Garden Heights Subdivision Map 577, Lots 24 and 25; County Tax Map Parcel No. 1000-139-04-006. 8:30 p.m. Application for RICHARD E. SULLIVAN by David S. Horton, Kouros Road, New Suffolk, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for per- mission to construct deck which will exceed the maximum lot coverage of existing and proposed structures, at 440 Third Street, New Suffolk, NY; County Tax Map No. 1000-117-09-020. 8:35 p.m. Application of JACK EEVIN, 59670 C.R. 48, Greenport, NY, for a Variance to the Zoning Ordinance, Article III, Sections 100-30(B) [1] and 100-31 for permission to use the existing dwelling for two-family use, second-dwelling unit having less than the required 850 square feet of living area, at 59670 C.R. 48, Greenport, Page 3 - Legal Notice of Regular Meeting and Public Southold Town Board of Appeals May 27, 1983 Regular Meeting Hearings more particularly identified as County Tax Map No. 1000-44-4-5. 8:40 p.m. Application of JACK LEVIN, North Road, Greenport, NY, for a Special Exception to the Zoning Ordinance, Article III, Sec- tion 100-30(B) [1] for permission to convert existing dwelling into two-family dwelling use on a minimum two-acre parcel located at the south side of C.R. 48, Greenport, NY; more particularly identi- fied as County Tax Map Parcel No. 1000-44-4-5. 9:00 p.m. Recessed Hearing: DOROTHY REISE (Owner) and RIAL REALTY CORP. (Contract Vendee) by Rudolph H. Bruer, Esq. Tennis court and garage on a vacant parcel. East Hyatt Road, Southold, NY. Any persons desiring to be heard concerning the above matters should appear at the times and place above noted. If ~dditional information is needed, please contact Linda Kowalski, Secretary of the Board of Appeals, at 765-1809 (or 765-1802). DATED: April 27, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRIN~ER CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, May 12, 1983 and forward one affidavit of publication to: Board of Appeals, Main Road, Southold, NY 11971. Copies to the following on or about Wednesday, May 11, 1983: Personal Delivery: L.I. Traveler-Watchman 5/10/83 Suffolk Times 5/10/83 Supervisor's Office Town Clerk Bulletin Board Chairman, ZBA & members Town Board members Vic Lessard Building Inspectors By Mail Irving L. Price, Jr., Esq. for Rev. Wm. J. Hilliard Hildegard Morand Mr. and Mrs. Wilhelm Franken and Mr. John Geidemann Mr. and Mrs. Burke E. Liburt Mr. John Grigonis Mr. and Mrs. Alfred Hull Southold Lumber Co., Inc. Mr. Henry Pierce and Mr. John Geidemann Mr. and Mrs. Jobn Flowers Mr. Richard E. Sullivan Mr. David S. Horton Mr. Jack Levin Rudolph H. Bruer, Esq. for Robert T. Kroepel, D.D.S. Dorothy Reise/Rial Realty Corp. JUDITH T. TERRY TOWN CLERK REGISTRAR OI VITAL S[\IISI'I(S OFFICE OFTHETOWNCLERK TOWN OF SOUTHOLD April 7, 1983 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3113 application of Burke E. Liburt for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the~Building D~part~ent; and survey. ~Judith T. Terry~ Southold Town Clerk 'AP.R!0 ?. 1983 TOW. OF SOUTHOLD, ~'~1 ~1~ ~di~L FROM DECISION OF BUILDING INSPECTOR . TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~//,~ DATE ..... Name of Appella, nt Street and Number Municipality ..,~[~¥. ................ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....n~.fce-.. ........... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (~ ~ild~g Pe~it 1. LOCATION OF THE PROPERTY ..~fA~..~t~:e~t ........ ~,en~,~...,f.o.x., .............. Z~. ...... ~.C.~ 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 Zoning Ordinance by number. Do not quote the Ordinance.) __ Art III Sec. 100.32 3. TYPE OF APPEAL Appeal is made herewith for ]0[) 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 ~) (has not) been made with respect to this decision of the Building Inspector or with respect to this propertX. Such appeal was ( ) request for a special permit ( l/)"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 is requested for the reason that ~ lit~ -u.~4~ it; impossible to pul: the struc~ttre in the rear yard for the p~rpose for w~ch it ts inte~ed. Form ZB1 (Continue on other side) REASON FOP, APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- . ,; sary HARDSHIP because there is ~o other possible ray to adhere to the setback requirements for the housing of a horse, which s~a~e that setback is to be ~0 feet fro~ all neighboring properties. Construction of this s~ll barn (lOx12) has already imposed hard- ship since ~he existin~ 150-year old barn on the prooerty, ~t~ich has been restored, c~n ~ot be used under exist£ag setback require- a~ents, 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 OU~ hollse is set back ap~rox- imately 68' from the road (King S~r, eet) and approximately 61 on the South and approximately 135 on the northwest side. There is only approximately 50' frown th~ rear of the house to tb~ adjacent rear property line. The majority of the property is a side yard, according to the determination of the town ard" is the only place where the ordinances. The "side ~ placed. accessory building can 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because tall hades ~ich su~ound th~ road fron~e and side property ~11 ~ ~ ~esso~_~ild~. ts ~ t~ horse ~ly visible to t~ ~a~ sz~e a~ c~e ~ to the north~st ~d to the s~[h~st. We ~ve ~pAe s~ce zor t~ ho~i~ ?f su~ ~ anal ~ lust ~p~en to ~ve an . .. ~d-s~d p~ece of property ~Mt d~ this a¢?sso~ ~ila~, for its ~se~ to ~ erected on t~ sxae pro~r;y. STATE OF NEW YORK ) ) COUNTY OF :5~,,~/e-- ) SS Signdture Sworn to this .............................................. day of ............ Z~..~../f~.././~. ..................... 19~grO~ ~'ta ry Public ~mmi~ E~irM Mm~ ~0, lJ.~.,~ BOP~I:D OF, AIq~EALS. TOWN OF SOUTHOLD ' ~ ' In the Matter of the Petition of : Burke Iii. Liburt : to the Board of Appeals of the Town of Southold : TO: Y:. & Mrs. illlam [~nz, Sr. [~ng Street,~i&n:, New York 11957 ~. Diane O'Connor & b~. Carol Leudesdorf 651 Cast 14th Street, >~ew York, New York NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) 0~)~T~I(~ [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1A9~ :=iPg 'qtreet, c~rie~t~ :,.~. 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: That you would not. have any objection to the construction of a sm~ll barn (10'x12') to be placed in our side yard, 40' or more from your property line for the purpose of housing a horse. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sectic~ 100_ 3~ 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. (516) 765-1809. 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: 4./6/R3 Petitlko~er ' / Po~t Qffic~ AddRess r.o. ~ox .~; King ?freer Orient~ N.Y. 11957 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.; ]~Lttq¢~ E. Libu~'t ,residing at X~n.~ Stri.~t C~_eTlt?I. ¥. , being duly sworn, deposes and says that on the C th day of .~Or~- i ,19 U 3 , 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 Orient ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to b]~m~h:i[ ]. , day of ' ~4~otary Public 't FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ~.~../.... f ............ , 19/.~.. File No ................................ To .~.~. ~.~.~ ........ ....~.~.~...c~..~..; ........... .... ~~,. ~.~.,' ............. PLEASE TAKE NOTICE that your application dated..~c~....~ .......... 19~. for pe~it to const~ct . . . ~. ~.. ~a~C~ .~ ~ ................... at Location of Property .... ( ~ .... ~.~..~Z 7..._ ............ ~/~ ...... : f~.: Hou~ No. _[ ~'~t ~ H~mlet County Tax Map No. 1000 Section ..~ ..... Block .. ~ ....... ~t . .~...~ ...... Subdivision ........ ~ ........ Filed Map No. ~ ~t No. is returned he.with and disapproved on the followhg ~o~ds ~ff~.. ~g.~'. ~:~.... ~.~..Z~...~...~.. ~.~..'.....'. ~ ~*~ .... ................. ........ Bufld~g Inspector RV 1/80 ~J 0 "U 0 ,.., c~ 0 0 0 0 0 © .SHORT ENVIROh~]~NTkL ASSESSMENT FOP~M INSTRUCTIONS: (a) In order %o answer the questions in this short gAF is is assufaed that the preparer will use currently available infor~.ation concerning the proJsct and ~hs 1Lkely impacts of the action. It is not ex~ected ~hat additional studies! research or other investigations will be undertaken.' (b) If any question has been answered Yes the project may be significant and a completed Enviro~ental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than l0 acres of land? . · . . . . · 2.Will there be a mmJor change to any unique or unusual land form found on the site? . 3.Will project alter or have a large effect on an existing body of water? . . , . · o Will project have a potentially large impac~ on groundwater quality? . . , . . · . 5.Will project significantly effect drainage flow on adjacent sites? . . . · . . . 6. Will project affect any threatened or endangered plant or animal species? . · . . . . · 7. Will project result in a major adverse effect on 8. Will project have a mmJor effect on visual char- acter of the community or scenic views or vistas known to be important %o ~he community? . . . 9. Will project adversely impact any site or struct- ure of historic, pre-historic~ or paleontological importance or any site designated as a critical environmental area by a local agency? . . . 10.Will project have a major effect on existing or future recreational opportunities? · · · ll. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause Objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . 13. Will project have any impact on public health or 1L. Will project ~ffect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent o~er a one-year period o__r have a major negative effect on the character of ~he com~munity 9r neighborhood?. 15. Is there pubtif contrcv~rsy concerning the project? 9/L/78 Yes ,,,~' No Yes ~ No Yes :X,. No Yes ~ No Yes ~ No Yes ~ No Yes ~ No Yes ~ No Yes__~ No Yes ~ No Yes ~ No Yes ~ No Yes ~ No Yes ~ No Yes % No ITod~y s ~ane~ To: Southo!d To;tn Board of Appeals ~.~ain Road Southold, NY 11971 Re: Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and ~ 7= ~7 Ar~_c~. 25 of the New Yo~x State Environmental Conservation Law, please be advised that the subject property iQ the within appeal application: (please check one box) [ ] ~Iay be located within 300 feet of tidal wetiands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] ~]av be 'located within 300 == ~ _ ~e~ 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. [ ! f ] not appear to 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 nc 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 fall within the jurisdiction of the N.[Y.S. D.E.C.] Sincerely yours, (~ign~ura please) NOTE: If proposed projedt falls witglin D.E.C. jurisdiction, approval must be received an.d submit~&d to our office before your application can be.scheduled for a public he~ring_. FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-180:;3 Examined ................ , 19... Approved ................ , 19... Permit No ............ Disapproved a/c ..................................... Application No .................. (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS e,, a. This application must be completely fiBed in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with ali applicable laws, ordinances, building code, housing coq[e, and regulations, and to admit authorized inspectors on premises and in building for necessar~l~tztions. ~"' ~ ~ '4 ...... ............ (Signature of applicant, or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................... Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... 1. Location of land on which proposed work will be done. ........ '~f~/~ J.~~/ House Number Street Hamlet County Tax Map No. 1000 Section . .'~ C~' Block ?.~ Lot. ~/( Subdivision ..................................... Filed Map No ............... Lot ............... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ..................................................................... b. Intended use and occupancy / / /,~ z~ ~//~ /( //(U~ e,,~'v,~,'.wat~p~,~ "' ....................................... ~,~ ~.'~y ,,,~ ................... 3. Nature of work (check which ap!~lible): New Building.. f? ...... Add~l~l~ .......... Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work ............... ~'~ q J'9, ~"-' (Description) 4. Estimated Cost ...................................... Fee ...................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars ........................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ...................... 8. Dimensions of entire new construction: Front ............... Rear ............... Depth ............... Height ............... Number of Stories ........................................................ 9. Size of lot: Front ...................... Rear ...................... Depth ...................... 10. Date of Purchase ............................. Name of Former Owner ............................. 11. Zone or use district in which premises are situated ..................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ................................ 13. Will lot be regraded ............................ Will excess fill be removed from premises: Yes No 14. Name of Owner of premises .................... Address ................... Phone No ................ Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Phone No ............... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YORK, S.S COUNTY OF ................. ................................................. being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. He is the .............................................................................. : .......... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this .......... .~.~; ........... day of...~: ........ ,19~.? Notary Public, .~/. J?~~'...~:...~fl... Coun-- ty (Signature of applicant) Southold Town Board of Appeals MAIN ROAD- ¢:TATE ROAD 25 qOUTHOLD, L.I., N.Y. llB?l TELEPHONE (516) 7654809 ACTION OF THE ZONING BOARD OF APPEALS Application Dated February 1, 1983 TO: Mr. and Mrs. Burke E. Liburt 1420 King Street Orient, NY 11957 (Public Hearing held 2/25/83) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on February 25, 1983 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 [X] Request for Variance to the Zoning Ordinance Article III , Section 100-30(A) [2] (c) and (C) [5] [ ] Request for The public hearing on this matter was also held on February 25, 1983. Upon application of BURKE E. LIBURT, King Street, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30(A) [2] (c) and (C) [5] for permission to construct corral and alter use of existing barn to stable a pony on premises having an area of 39,048 square feet and more particularly identified as 1420 King Street, Orient, NY; County Tax Map Parcel No. 1000-026-02-040. The board made the following findings and determination: By this appeal, appellant seeks permission to keep a pony on this 39,048 square-foot parcel and stable same in the existing acces- sory building which is located at the northwesterly section of the premises on the westerly (rear) property line. The premises in question is improved with the 1½-story accessory structure in question, a one-family two-story dwelling structure and garage building. It is noted for the record that objections have been raised from residents in the immediate area concerning applicant's request. One of the main concerns is odors, flies, rodents, etc. To permit the housing of a pony (or horse) in a building which is situated on a property line abutting neighboring property would not in the board's opinion be feasible under the circumstances. The board has no objection to the keeping of the pony (or horse) on this 39,048 square-foot parcel; however, the relief requested from Section 100-30(C) [5] which requires a 40' setback from all property lines for a building in which a horse is to be housed is substantial in relation to the zoning code requirements, in the board's opinion, that by allowing such relief detriment to adjoining properties may be created; that the difficulty can be obviated by a method other than a variance; that the relief as requested will not be in harmony with or promote the general purposes of zoning; and in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by not allowing the use of the existing accessory building in its present loca- tion for a horse or pony stable. (CONTINUED ON PAGE TWO) DATED: March 7, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2- Appeal No. '3082 Matter of BURKE E. LIBURT Decision Rendered February 25, 1983 On motion by Mr. Doyen, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3082, application of BURKE E. LIBURT for permission to keep pony (or horse) on this 39,048 parcel, BE AND HEREBY IS APPROVED, PROVIDED THAT A MINIMUM SETBACK OF 40' FROM ALL PROPERTY LINES IS PROVIDED FOR THE STABLE TO HOUSE THE PONY (OR HO~SE Location of Property: 1420 King Street, Orient, NY; County Tax Map Parcel ID No. 1000-026-02-040. Vote of the Board: Ayes: Messrs, Goehringer, Doyen, Grigonis, and Sawicki. (Member Douglass abstained.) This resolution was duly adopted by majority.