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HomeMy WebLinkAbout2951Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD. L.I.. N.Y. ll=J71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2951 Application Dated February 8, 1982 TO: Gary Flanner Olsen, Esq. (for Charles P. Main Road, Box 38 Mattituck, NY 11952 Ziegler) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on October 21, 1982 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 100-31 [ ] Request for WHEREAS, on Febuary 8, 1982, applicant filed an application for a variance for a division of property having insufficient lot width requirements; and WHEREAS, at a Regular Meeting held Feburyar 26, 1982, this board tabled this application pending approvals from the N.Y.S. Department of Environmental Conservation and the Southold Town Planning Board for this proposal; and WHEREAS, on August 17, 1982, Attorney Gary Flanner Olsen filed an application for a variance requesting the same relief herein, which is a duplication of this pending appeal application; NOW, THEREFORE, BE IT RESOLVED, that Appeal No. 2951, application for CHARLES P. ZIEGLER be and hereby IS WITHDRAWN as requested. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. For the-record, please note that a conditional approval was granted under Appeal No. 3025 for Charles P. Zie~ler on September 1982 for similar relief. 30, RECEIVED AND ~/LED BY Trit~ SOUTttOLD TOWN CLERK DATE rk, To~ of ~thold DATED: November 11, 1982. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD APPEALS MEMRERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWtCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L,I., N.Y. 11g71 TELEPHONE (516) 765-1809 November 12, 1982 Gary Flanner Olsen, Esq. Main Road, Box 38 Mattituck, NY 11952 Re: Appeal No. 2951 Application by Charles P. Ziegler of 2/8/82 Dear Gary: Please find enclosed a copy of the formal action made by this board withdrawing the above application as requested, which should be made part of your records. Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Southold Town Board of Appeals MAIN ROAD- STATE RI~AD 25 SE}UTHEiLD. L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMRERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR SERGE DOYEN, JR ROBERT J. DOUGLASS JOSEPH H. SAWICKI August 27, 1982 Gary Ftanner Olsen, Esq. Main Road, Box 38 Mattituck, NY 11952 Re: Appeals No. 2951 and 3025 Charles P. Ziegler Dear Mr. Olsen: Regarding the above applications, please be advised that we today were informed by the office of the Department of Environ- mental Conservation in Stony Brook that this property has been issued a permit for a two-lot subdivision under Permit No. 10-82- 0185S72 effective June 2, 1982 and expiring September 30, 1983. This new application (No. 3025) has been scheduled for public hearing for our next regular meeting of September 9, 1982 at 7:45 ~~ence to Appeal No. 2951 filed on February 8, 1~ /the board would like to know whether or not the application will ~ be withdrawn. ~~ Yours very truly, GERARD p. GOEHRINGER lk CHAIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11¢J'71 TELEPHONE (516) 765-1809 March 4, 1982 Mr. and Mrs. Charles P. Box 355 Mattituck, NY 11952 Ziegler Re: Appeal No. 2951 Application for an Area Variance Dear Mr. and Mrs. Ziegter: Please be advised that the following action was taken at a Regular Meeting held February 26, 1982 concerning your applica- tion filed February 8, 1982: RESOLVED, to table the matter of Appeal No. 2951, applica- tion of Charles P. Ziegler, pending approvals from the N.Y.S. Department of Environmental Conservation and the Southold Town Planning Board. This resolution was unanimously adopted. If you have any questions, please do not hesitate to call our office. Yours very truly, GERARD P. GOEHRINGER lfk Chairman JUDITH T. TERRY TOWN CLERK REGISTRAR OI VITAL STATISTICS Southold, L. 1., N. Y. 11971 February 8, 1982 TELEPHONE (516) 765-1801 Board o~ gpp~al~ JTT/bn Enclosures ? · 0~I10~ .hOih~iOld · o~ ~ou.,o~ ~own ~on~ ~o~,~ o~ ~,~ ~,~. ~.,;,. From: Judith T. Terry, Town Clerk ~,~ ~ ) Transmitted herewith is Zoning Appeal No. 2951 application ofCharles P. Ziegler for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetland Land-Use; Notice of Disapproval £rom the Building Department; and Judith T. Terry Town Clerk TOWN OF $OUTHOLD, NE'W YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y _ ,, ~..~.~. ........................ %,. ......... ko, ......... ~. ............ ~.~..~.~.~.. ............. ~.. ........ Name of Appellant Street a~d Numl~r ,fl ........ ................................................... ....... ,o Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ......... _ Hame of Appl'ca t fo permit ~ o, /~.¢.....P..u..:...~..~....~/........,...~.~z~Z~..~,L .......... ~ .................. Street and Number Municipality State (~ERMIT TO USE ( )PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ...... ..~....~...~.....c~..Z ........................................ ~., ........................ Street Use District on Zoning Mop 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.) 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 (has) ~as not) been mode with respect to this decision of the Building Inspector or with respect to this Proper=Yy. Such appeal was ( ) request for a special permit ( ) request for a variance and wes made in Appeal No ................................. Dated ...................................................................... ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~'orrn ~.B~ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 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 Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becaus~e STATE OF NEW,,/YO~/~ Sworn to this .............. ~ ......................... day o{ ............................. .. .~., ................ Notify Public Sta~e of N~ Y~ ~ Notary Public ~../ ~. 52-97037~ S~k~ TOWN OF $OUTHOLD, NEW YORK 'J'lglll ~Jl~i FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. c~ ~/ ,,, Name of Appellant Street and Number .................. ..~..~...'~....L.'~....~-~.. ............................................... ..~...:...~....,....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ....... ........ Name of Applicant for permit ......... ......... Street and Number Municipality State (/~ PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ............ ~........'~.. ................................................................... ,~--'/ ,~ Street Use District on Zoning Mop ........ ....... 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.) 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 (has) (h s nf~been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) is requested for the reason that '"FO u t REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~'orm ZB! (Continue on other side) REASON FOR APP£AL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties o~ unnec~- - sary HARDSHIP because 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 Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because COUNT~ OF~'I ss ......... i~ " Sworn to this ....: ......... .'-~,...). ........................ day of ........... ~-~'~.~,, ...................... 19 ~ Notary Public M~.C. tSLAU5 ,WI~-IIARZ t~o 52.9703725 Suffolk Count_ 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. Thee intention of the undersigned to petition the Board of Appeals of the Town of Southold to request aC?anan~ (Special Exception) (Special Permit) (the following relief: ). 2. That the property which is the subject of th~ Petition is located adjacg~t to_your property and is des- cribed as follows: / ~, ~ 0 ~//7"- ~) ~-/ ///~f~//'~'~¢-J< /, /U?/~ .~ 3. Th~_the property which is the subject of such Petition is located in the follov/ing zoning dlstrict:~ 4. That by such Petition, the undersigned will request the follow_ling relief: · tul'D ' $. That the provisions of the Southold Town Zoning Code al~plicable to the relief sought by the under- signed are Article ~ ~--'r_~.c~ /~ -- ~/ 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 may then and there examine the same during regular office hours. (5'16) 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. Petitioner Post Office Address I/q -z_ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: , being duly swcJrn, d'eposes and says that on the ~j~ ~ay of '~ ~ ~ 19 ~'~L,/ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, diri~cted tO each of the above-named persons at the addresses set opposite their respective names; ~hat 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- fi.~ce ~t ._~otL"~O J C/ ' ; that said Notices were mailed to each of said persons by ~ (re#stered) mail. Sworn to before me this day of ~L~,~ , 19 /9!,IECISLAUS WINIARZ No.fy Public St~t~ of N~,v v No. 52-9703725 Suffolk County Comm. Exlelres M~roh 30, 19~Z~ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To .C.'.//~:~...~...f-...~~. .. .,.:~..~.~ ....~ ............ PLEASE TAKE NOTICE that your ~v~;~aC;~n dated... ~/... ~ .~. .......... 19 .~/ for pe~it t~..~/~/.~...~~/.~: ................ ~ ..... at County Tax Map No. 1000 Section ../~.~. ....... Block . .~. ......... ~t . .~.~ ...... is r~tu~ed h~with and disapproved on the following grounds.. ~.~.. ~ ~ .... ~. ~. ~* ..... /7./~.... ~ .......... ....... ~...~ ...... ~c.. xa.~ ~....~..~~.~ ' ~uii~'I~t;; .......... ~ RV 1/80 l HS T!',!ICI l O'HS: ...... ~'-~.) -11~' order to answer ibc questions in this short EAF it is assumed that the preparer w~11 uso. currant~y available inforc~alion concerning project and thc lihcly impacts of ~he action. It is not expected additional 5tudier,, rc:~corch or other investiDo~ions will be umderto~en. (b) ][ any question has been answered Yes the project mo~ be :~gr, Lr~canL and o co:~p}eLed Environ~en~o} Assessment Fo~m ~s necessary. (c) IF a~} quesLLons have been gnswe~ed Ho ~ ~s }Ll<e}y that c~ is not ~ignificont. .: proje(~) Environmental /,sscssrn~n~ ' J. %'lilf project rabbet--in o large physlcol change ' to the project site or physically alter more tL,m 10 acres o¢ land? .... Yes,~No -u~,usuoZ Land ro~m found on the s~e?. .......... Yes, 3 ~'lill project alter or hove a large effect on existia9 body of wa[er? ....................... ~es ~ 4 Will pro~ec¢ have a potentially largo impoc~ on groundwater quality? ........................ Yes, o 5 Will pro~ec~ significantly effect dra%noge flow on ad)scent sites2 ........................ Yes,~No 6 %?ill projec~ affect any threatened or endangered plant or on~mal species? ........... . 7 8 Yes No %'1ill project result in 0 mojor adverse effect . on air quality? ..... ......... ; ................ Yes~ No ~'/ill pro3ect have o major effect on visual character of vistas known Will project · structure of the coramunity or scenic views or to be important to the community?.~ Yes~ adversely impact any site or historic, prehistoric or paleontological importance or any site designated os o critical environmental area by o local agency? ............-.; ,.,.. ..... '. ...... . . . . . ..v 10. Will project have a major effect on existih9 fulurc oLiono] apl or,unities? 11. %';ill project result in .~ojor traffic problems or. coL, sc o major cf foci to existing ~ronnpor[a%ion systems? ....................... 12. %'1ill projec{ regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance os o resul~ o~ the project's [ion? ' opera ..................................... 13. %'Jill project },ave any i~poct on public health or safety? 14. ~'till pFoject affect the existing community by directly causing o growth ia permancat popt, lotion of more than 5 pcrcc9¢ over o one year period or have o major negative effect on ~he character of ~he community or neighborhood? ................................. ]5. ]5 ~hcre public controversy concerning project? ...................................... Yes, ~< No Yes_k./ No Yes,/~ No Yes: ~ No Yes)/No Yes, ky<No ~es~No PREPARER'S SIGHAIURE REPRESEHTING DATE To: Southold Town Main Road Southo!d, NY Board of Appeals 11971 Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 I{YCRR, Part 661, and Article 25 of the New York State Environmental Conservation La~, please be advised that the subject property in the within appeal application: (please check one box) [ ] [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. £ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead.less than 100 feet in length. May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. [ ] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincarely yours, (Si~natur'e~ pi-eaSe) ~ t' -- 0740 ,/ SCALE~ toob' I' E":'d- h4,~, ,!L)P1E l P'IAp,:' OF PP. OPEP. TY MATTITUCK TOWN OF' E~OUTFIOL:D~ // // 11'" ,/,- ./ / .~?/ P~OP. DIVISION AUG. 2-/', 1981 .... "7 o