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HomeMy WebLinkAbout3172 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.t., N.Y. llg?l TELEPHONE (516) ;65 1809 November 30, 1983 Mr. George F. Baker P.O. Box 22 East Marion, NY 11939 Re: Appeal No. 3172 - Estelle Wydur Dear Mr. Baker: Your request for a refund of the $25.00 filing fee submitted with this variance application was referred to the Southold Town Clerk for consideration by the Town Board. At their meeting of November 29th, it was the unanimous decision of the Town Board that the fee is not refundable (see attached letter from the Town Clerk). Also, for your record, the following action was taken by the Southold Town Zoning Board of Appeals at their October 27, 1983 Regular Meeting: RESOLVED, that Appeal No. 3172, application for Estelle Wydur by George F. Bake~ for a variance to Article III, Section 100-31, be WITHDRAWN WITHOUT PREJUDICE as requested. This resolution was unanimously adopted by the Zoning Board members. If you have any questions, please do not hesitate to give us a call. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk By Linda Kowalski Enclosure IUDITH T. T[~ RRY 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 November 29, 1983 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Southold Town Hall Southold, New York 11971 Dear Gerry: The Southold Town Board considered the request of George Baker for refund of $25.00 appeal filing fee at their November 29th meeting. It was the unanimous decision of the Board that said filing fee is not refundable. Very truly yours, Judith To Terry Southold Town Clerk Southold Town Board of Appeals MAIN ROAD- ~TATE RrIAD 25 S{3UTHE]LD, L.I., N.Y. 11CJ?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAW~CKI November 16, 1983 Mrs. Judith T. Terry Southold Town Clerk Southold, NY 11971 Re: Appeal No. 3172 - Estelle Wydur (by G~orge Baker) Dear Judy: On September 26, 1983, Mr. George Baker filed an applica- tion for a variance concerning property of his neighbor, Estelle Wydur. Since this matter was held in abeyance pending subdivision review by the Planning Board, this matter was not scheduled for public hearing and therefore no advertising costs have been incurred. On October 27, 1983, the Z.B.A. had withdrawn this application without prejudice as requested by Mr. Baker's October 24, 1983 letter, and Mr. Baker is requesting a refund of the $25.00 filing fee. We are enclosing a copy of Mr. Baker's request and respectfully ask if the board would consider a refund in light of the above. Thank you for your consideration in this matter. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLI~, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 October 3, 1983 Mr. George F. Baker Box 22 East Marion, NY 11939 Re: Appeal No. 3172 - Estelle Wydur Dear Mr. Baker: At a Regular Meeting of the board held last Thursday, September 29th, the board members reviewed your application for a proposed subdivision and the following action was taken: RESOLVED, that Appeal No. 3172, application for ESTELLE WYDUR for a proposed division of property for sale to an adjoining property owner, be held temporarily in abeyance pending review and receipt of comments from the Southold Town Planning Board. Once we have received comments from the Planning Board on this proposed division, your variance application would then be reconsidered for public hearing to be held at the next possible date after we have advertised same pursuant to law. Please keep us informed regarding developments with the Planning Board. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary cc: Planning Board Mrs. Estelle Wydur ~ W W j~ Ik/IAP OF LAND JUDITH T. TERRY TOWN CLERK RI'GISTRAROFVITALSI\IISIICS 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 September 26, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3172 application of Estelle Wydur submitted by George F. Baker, Agent for a variance. Also included is noti- fication to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. Southold Town Clerice TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION Of BUILDING INSPECTOR APPEAL NO. / / ~ DATE ........~./..~?~./~. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. y. 1, (W~r ....~,,_~..Z..~..c...L..~......~d.....Y..,~..?..~.. .................... of ..~..~..S..~...~'~..O.,~)....~...C.-...~....~..T.(?..~....y....,.~..D.; ......... Name of Appellant Street and Number .................... ..~.?~.~......./~...<?..~./.~.,~,. ............................................. ./~..:.?.; ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: ~//'Z/~3 FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of ... ...... ...................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO ~ ~)i~D~ ~i2©f~'~TY ~. LOCATION OF THE PROPERTY ~.~.%~...~..~?.~.`~..~...~..~.~f.~(~.~./..~..(~.~.~./.~..~.~;~z~Lr.~/..~.~.~.~.~/~. Street and Hamlet Zone Iv~ap No. Lot No. DATE O C.ASED: ¢.q .r... ...... 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.) Article~Z~ , Section IOO.- ~l ~Uc~ ~cH~Duc~ 3, TYPE OF APPEAL Appeal is made herewith for (,,~-g 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~ng Inspector or with respect to this property. Such ~ppeal~wo.~.( ) request for a special permit (~,~),,request for a variance and was made in Appeal ~ .............................. Dated ...................................................................... REASON FOP, APPEAL ( ) A Variance to Section 280A Subsection 3 (;~) A Variance to the Zoning Ordinance ( ) is requested for the reason that ~;~a- would like Form ZB1 (Continue on other side) E;4c H REASON FOR APPEAL Continued sary HARDSHIP because .~. c~c~-~ t3~ ~c~d~c D STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 1~ tGc~, B o~tk]C~ pP,.~op~ ~T~:~ AK~ STATE OF NEW YORK ) ) ss cOUnTY Sworn ,o this ......... ~O~.(¢~ ....................... doy of......~-~F[.~.tl, k..~....~, ................... 19 ~ Notary Public No. 4755734 Qualified in Suffo~ 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. Tha~s-~e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request (~iance?;(Special Exception) (Special Permit) (Other) [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: ~,~¥~ (~'.O.~ Cen~-~/~y ~.D., E~$r ~.~/o~, ~ County iooo dcrzo oc, Bcoc IO LOT o? 3. That the~pfoperty which i.~ the subject of such Petition is located in the following zoning district: 4. That by such Pe6Hon, the unders~sned wiU request the foUow~8 relief: ~ DI~ID6 r~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare R:ti¢le :~ Secr~ic~ /00-31 :~LJLK 3CH~OU~-E 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) '/65-3.809. 7. That before the relief sought may be ~ranted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing mu~t be published at least five days prior to the date of such hearing in the Suffolk Times ~ in the I~ong Island ~-Mattituck Watchman, newspapers published in the Town of Sou .thold and designa, ted :for.~he ~1~I~ 0~f suqi n~tices;.that you or your representative have the right to appear and be he~r.d at such he~ing. - P~titioner Post Office Address WY ti737 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: o · '~'v-.~_,: ~ ra_./~.. ,19 &v.~ , deponent mailed a true copy of the Not~ce set forth on the re- verse side herfeof, 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 a~sessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at · C~ % t~.C4~o /e~' ~/~/t~/x~ y,o/~:~, that said Notices were mailed to each of said persons by (certified) (registered) mail. ' · Sworn to before me this y ublic FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .,.q ~. ;.~::~,..~,q.. t~ ....... ~...~ .~.. ~.~. ~.. ~,~., .......... PLEASE TAKE NOTICE that your a772-': 7]k ...... , ............ for pe~it to~~ ~~~ .............................. at Location o f Property .4 Y.qq.. ;. e~o, ~ ~ _~.'. ~...~'~. ~ ~ ........ Hou~ No. I fft~t Ham/et County Tax ~ap No. ~000 S~c~on .. Subdivision ................. Filed Map No ................. Lot No. - is returned herewith and disapproved on the following grounds .~.. J. ~¢A.~t~ q.. ~' .&.. ~_....~.~&..~.~.~. ~!...~ak.. ~ ~ .............. RV 1/80 0 0 0 0 SHORT ENVIROh~'M~NT.~L ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available infor?.ation concerning the project and the likely impacts of the action, It is not expected that additional studiee~ research or other investigations will be undertaken, (b) If any question has been answered Yes the project may be significant and a completed Envirommental Assessment Form is necessary. (c) If all questions have been answered No it is likely tb~t this project is no._.~t significant, (d) Enviror.msntal Assessment 1, Will project result in a large physical c~mnge to the project site or physically alter more than 10 acres of land? ....... , , 2. Will there be a major change to any unique or unusual land form found on the site? Yes w/ No Yes / No 3. Will project alter or have a large effect on an existing body of water? · , , , . Will project have a potentially large impact on gro,zndw~ter quality? , . . . , . Wi_Il project significantly effect drainage flow on adjacent sites? . . . . , . . 6. Will project affect any threatened or endangered plant or animml species? o . , , 7. Will project result in a major adverse effect on air quality? . . · · , , Will project have a ~mJor effect on visual char- acter of the co~munit7 or scenic views or vistas known to be important to the community? . . . ° 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 opportunitiesT . . , 11. 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? · Will project have any impact on public health or sa£ety? Will project gffect the existing community by directly causing a ~rcwth in permanent popula- tion of more t~an 5 percent over a one-year period or have a major negative effect On the character of the com~~unity cr neighborhood9. , Yes ~'/ No Yes Yes ~/ No Yes Yes w/ No Yes //No Yes Yes v/ No Yes ~No Yes._.~No Yes '>/' No Yes 15. Is there pub~ controver~ concerning the project? Yes 9/L/78 L Tod&y'~ Dane) To: Southo!d Town Board of Appeals Main Road Southotd, NY 11971 Re: Appeal Application of ~3- ~'~l.~, Location of Property: ~sr~ 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 subject property iQ the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetiands; however, constructed atcng the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May b~ 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. [ ] not 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 jurisdiction of the N.Y.S. D.E.C.] Sincerely yo~s, (Signature please) NOTE: If proposed project falls witglin D.E.C. jurisdiction, approval must be received an.d submit~6d to our office before your application can be scheduled for a public hearing. lAST MAR CEMETERY MARION tAKE TOWN OF SOUTHOL~ MAR/ON tAKE TOWN OF $OUTHOLD Legend 111