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for CHARLES P. ZIEGLER be and hereby IS WITHDRAWN as requested.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