HomeMy WebLinkAbout3131 120
181 Sound Ave.
~ 4&5
Fred Jens
of excessi~-sale~ in.A~Zone
Pending filed (83)
6/7/85 ~ '~ !
FORM NO. 5 ~.
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
ORDER TO REMEDY VIOLATION
TO Fred P. & Jean C. Jens
(owner or authorized agent of owner)
9 5
(address of owner or authorized agent of owner)
PLEASE TAKE NOTICE there exists a violation of:
Zoning Ordinance .... ~ .~..~ .p..~,. ~ ~....!..0..0. ..............
Other Applicable Laws, Ordinances'or Regulations ............................................
at premises hereinafter described in that ....~..8...~'e..~.....~.~..'.p.~.?..c!..~..c..~...~.....~.?...L..`~.~.[.~...~.~....~.~...`m..~.d..~ ......
(state character of violation)
on premises.
in violation of Art. III Sec. 100-30 A (2) (a) 1
(State section or paragraph of applicable law, ordinance or regulation)
YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the
conditions above mentioned forthwith on or before tJ~ ..~.~!..~..~..~..P..~...~.~.~g..~.t...h..e..~..s..e...c..~.~.n.'d.....!.~..n..d..! ....
day' of ...... .A..~.$.~ .................................... , 19..8...3... by removing from the sales area
all ite~ns not made or grown on premises.
The premises to which this ORDER TO REMEDY VIOLATION refers are situated at
.... 1..!..5,.0....~..o. ff.g..d,...A.y...e.~..u..e......H...a..t:..~..J:.,~...u.?...k.). ....... County of Suffolk, New York.
Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law
may constitute an offense punishable by fine or imprisonment or both.
Building Inspector
Curtis W. Horton
Southold Town Board of
Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRiNGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
May 13, 1983
Mr. Fred P. Jens
181 Sound Avenue
Mattituck, NY 11952
Re: Appeal No. 3131
Dear Mr. Jens:
Regarding your recent inquiry to Mr. Lessard of the Build-
ing Department, this letter is to confirm whicb documents are
necessary in the consideration of your recent variance by the
Board of Appeals:
1. Survey or Site Plan, certified by a licensed engineer
or surv~eyor, to scale, indicating the following:
(a) Ail structures on the premises and their distances
from the property lines;
(b) Areas used for sales and display and denoting the
square footage for same;
(c) Total square footage of the parcel in question;
(d) Percentage of lot coverage of the parcel in ques-
tion by existing structures;
(e) Parking spaces for all employees and customer parking.
Also, your preparing a list of the items for sale on the
premises would be helpful in expediting this application process.
Thank you for your cooperation; and if you have any questions,
please do not hesitate to call our office.
Yours very truly,
GERARD P. GOEHRINGER
cc: Building Department CHAIRMAN
5/9/83
Surveys and plans showing all buildings and sales, office and
other building uses (square footage) are being prepared by
R. VanTuyl, L.S. and will be submitted within approximately
the next two weeks.
TOWN OF SOUTHOLD, NEW YORK
91983
'APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NOi J/J /
DATE ........
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
,, ..................... o, . .......
Name of Appellant Street and Number
¥
............................................................................ ...4. ............ HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
~CN FOR ........ NO. DATED .~..~../.? ./'..~. ./~
WHEREBY THE BUILDING INSPECTOR DENIED TO
.......... ..............................
Name of Applicant for permit
of ....... !.?. ~ ,, ,,,. ,~, ,, ,~,., .~,..~.....~,.,., ,.~..~..~, .: ....... , .~, ,..~., ,/~,, ,~. ~, .~,, ,~,,/,~, ......... ~,!.y. .......................
Street and Number Municipality State
(.~) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( )
/v~ap 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) (k~a~,t) been 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
is requested for the reason that
~omn ZB~ (Continue on other side)
REASON FOR APPEAL
Continued
I. 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 because
]/ p
STATE OF NEW YORK )
)
COUNTY OF ,~C¢,-"~O4, X )
ss
Sworn to this ............... .~....-'~, .................. day
%
Notary Public /
ELIZABETH AI'~N NEVILLE
NOTARY PUBLIC, State of New Yor~
No. 52-8125850, Suffolk
ce~t;~/
Term ~xp~res I~,~arch 30,
JUDITH T. TERRY
TO gA'4 CLERK
REGISTRAROI'VITALSI\IlSII('S
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
May 9, 1983
To:
From:
Southold Town Zoning Board of Appeals
Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3131 application of Fred P. Jens
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; Noticeo£ Disapproval from the Building Department; and letter
pertaining to the survey.
Judith T. Terry~
Southold Town Cler~
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
to the Board of Appeals of the Town of Southold :
YOU ARE HEREBY GIVEN NOTICE:
NOTICE
TO
ADJACENT
PROPERTY OWNER
1. That,,iLL~he intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (~ (Special Exception) (Special Permit) (Other) [circle choice]
).
2. That the property which is the subject of the Petition is located a,d]acent
to your property and is des-
3. That th~ 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 the provisions_ of the Southold Town Zoning Code applicabl.e to the relief sought by the under-
signed are Article ,'J Sectic~ / ~0- .~0 ,0 ~.'"~ ~ _/
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.
Oated: .
Petitioner ~
Post Office Address
NAME
Edward W.
Horbes
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
Box 247, Sound Avenue, Mattituck,
NY 11952
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
~k Al~'.~,} ~--,~ ~' ~ , beingduly s~,orn, depos~s~nd says that on the c) ~ day
of ' ' ' /~CCL~t ' ' ,19 ~._~ , deponent mailed a true copy of the Notice set forth ~re- '
verse side hereof, direct/ed 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 ~sment roll of the TQwn of Southold; that said Notices were mailed at the United States Post Of-
fice a~t__ ~t.~-~ Dim, ~1~_~4 [~l?f' I~' ; that said Notices were mailed to each of said persons by
. ~;te~registered )'maii. '
Sworn to before me this
day of /V~ ~L~ ,19 ~,'~
Not;y Puh,ic t
ELIZAB~ ANN NEVILLE
NOTARY PUBLIC, State of New
No. 52-8125850, Suffolk Oo~.
Term Expires March 30, 19
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
to the Board of Appeals of the Town of Southold
TO:
YOU ARE HEREBY GIVEN NOTICE:
NOTICE
TO
ADJACENT
PROPERTY OWNER
1. That i~e intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a~ (Special Exception) (Special Permit) (Other)
2. That the property which is the subL.ect of the Petition is located adiacent to your property and is des-
cribedasfoltows: ]~) .~jC~/.J~IJI~ /./~,~c~j /~'~T/~_.~' /L/~/
3. That ~he property w~hich is the subject of such Petition is located in the following zoning district:
4. That b~such Petition, the undersigned wi? request the following relief:
5. That the provisions of the Southold Town Zqning Code applicable, t9 the,r.e~ief sought by the under-
signedare Article ~_~ Section ] _0-/~--_~O /--~L/.) ~(~)
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) 765-~809.
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: /'-?- S5
Petitioner
Post Office Address
NAM~
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
Rbbert A. Koroleski
Sound Avenue, Mattituck, NY 11952
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
SS.:
, : -'A] ~ '~ ' , beingdu~¥ sworn, deposes and says thai on the ~ day
of ,,I,;,~-~ ' ,19 ~z__, 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 as~e~sment]'oll of the Town of S,o~thold; that said Notices were mailed at the United States Post Of-
fice at ~ ,~,,~.~ .~,') ~/~ /~ ~'[ . ;that said Notices were mailed to each of said persons by
~(regist~red) mail. " '
Sworn to before me this ~'~ -'
day of /1/}r:u · ,19 ~ ,~/~
0 ~qotary Public - ~{
~ P~BLIO, ~te ~ New Y~
(Today's Date)
To:
Re:
Southo!d Town Board of Appeals
Main Road
Southo!d, NY 11971
Location of Property: ' /~/ ~0~/~;D ~/~,
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 NYCRR, Part 661, and Article 25 of the New York
State Environmental Conservation Law, please be advised that the
suo~c~ property i~ the within appeal ap~lzca~on.
(please check one box)
[ ] May 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.*
[ ] May be 'located within 300 feet of tidal wetlands;
ho%.;ever, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) reoairs, 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.
not
f ]
appear to
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 jurisdi-ction of the N.Y.S. D.E.C.]
Sincerely yours,
NOTE: If proposed project 2alls(l~w~'~nU%~ .~Cl-~2isdiction,
approval must be received an.d submit~&d to our office before
your application can be.scheduled for a public hearing.
· - .!';~'~" ."V '." .... '.. ~ .. ' .; ' . .. .
.~:?~*I~_~-''-~ "~-.:"L ~ .~i.'.';. · -~ ".'. " ~"': ~. .~ · · . ~ '" - '
0
0
r~
0
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0
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,SHORT ENVIROh2~ENTAL ASSESSMENT FORM
INSTRUCTIONS:
(a) In order to answer the questions in this short gAF is is assumed that the
preparer will use currently available information concerning the proJec~ and the
likely impacts of %he action. It is not ex-oected that additional studies~ reeearch
or other investigations will be undertaken.'
(b) If any question has been answered Yes the project may be significant and a
completed Environmental 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
10
acres of land? . . ...... Yes ~ No
2. Will there be a major change to any unique or
unusual land form found on the site? · . Yes No
3. Will project alter or have a large effect on
an existing body of water? . . . . . . , Yes ~, NO
&. Will project have a potentially large impaCo on
groundwater quality? · . · , · · · . · Yes ,~ No
5. Will project significantly effect drainage flow
on adjacent sites? · · · · · · · · · Yes ~ No
6. Will project affect any threatened or endangered
plant or animal species? , . , , . . , · -- Yes ~No
7. Will project result in a major adverse effect on
air
quality? · · · · · · · , · Yes ~ No
8. Will project have a major effect on visual char-
acter of the community or scenic views or vistas
known to be important to the community? · · · Yes ~ No
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? · · · Yes ~ No
10. Will project have a major'effect on existing or ~
future recreational opportunities? · · , Yes No
11. Will project result in major traffic problems or
cause a major effect to existing transportation %/
systems? ? · · · .'. · · · · · Yes~ No
12. Will project regularly cause Objectionable odors~
noise, glare, vibration, or elec'trical disturb- ~
ance as a result of the project's operation? . Yes'~ No
13. Will project have any impact on Public health or ~.
safety? · · · · , · , , · · , , ~Yes /~ No
lA. Will project Affect %he existing community by
directly causing a ~rowth in permanent popula-
tion of more than 5 percent over a one-year
period o__r have a major negative effect on the ~
character of ~he com~munity or neighborhood?. ~. -Yes No
15. Is there publi.~c cont/~v~syyconcerning the project? Yes /~ No
PREPARER'S SIGNATURE: '(,)~/~L~,,~-~~--'~;/~'K--7 TITLE:
REPRESENTING: / DATE:
9/[/78
-Z -
(50 ~
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