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Home My WebLink About3790 Zoning Board of Appeals To~n of 5outhold Southold 119 71 New York NEW SUFFOLK, N.Y. 11956 I516) 73'4'5099 November 28, 1988 Re:Petition of 242 Associates Qentlepersona: This will serve to advise you that ! have been retained by one of the adjacent property owners, MarJorie Tess, as well as several other property owners in the neighborhood, to represent them in con~ection with the above indicated petition. I would appreciate it if you would keep me advisid as to if and when a hearing is scheduled in this matter, or if the application is withdrawn, a~ended or any other action ia taken with respect to it. Thank you for your courtesy. VW truly ~ra, APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI James Dinizio, Jr. $outhold Town Board of Appeals MAIN RDAD- STATE RI-lAD 25 Si"IUTHQLD. L.I., N.Y. llC:J'7'l TELEPHONE (516) 765-1809 October 12, 1988 Michael J. Hall, Esq. Youngs Avenue Southold, NY 11971 Re: Appeal NO. 3790 - 242 Associates Dear Mr. Hall: We are in receipt of the above application. The Board members will be conducting inspection, s and review in accordance with State and 16cal laws prior to advertising this matter for a public hearing. In the interim, iplease furnish the following documentation as early as possible: A copy Of the current .deed to 242 Associates Copy of any available certificate of occupancy for the entire premises c. Confirmation as to whet~er or not there are wetlands present upon the premises d. ZBA questionnaire form for completion and signature (copy of the form attached) e. Copies of any communication or other update concerning ~lanning Board reviews under their jurisdict.ion, if available. Thank you for your anticipated cooperation. Very truly yours, tr Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski JUDITH T. TERRY TOWN CLERK REG[ST,~AR OF VITAL STATISTICS To: From: Dated: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk October 6, 1988 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 Transmitted herewith is Zoning Appeal No. 3790 , application of Michael J. Hall a/c 242 Associates for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk October 5, 1988 Mrs. Linda Kowalski Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold,New York 11971 Re: Subdivision - 242 Associates SCTM~ 1000-117-09-08 Dear Linda: I am submitting for your review and consideration the following application foms and infomation: 1. Notice of Disapproval dated September 6, 1988 by Building Inspector Victor Lessard 2. Application for Appeal of Decision by Building Inspector in triplicate 3. Notice to Adjoining Property Owners with certified mailings attached 4. Four (4) copies of updated survey indicating proposed subdivision of land 5. MJH check No. 3198 in the amount of $150.00 for filing fee If you have any questions please contact my office. Sincerely, MJH:pg Enos. cc: 242 Associates TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR OCT 6 988 9/28/88 DATE .............................. TO THE 7RzOe~aNe~ B~.A~aDi~)~F APPEALS TOWN QF SOUTHOLD, N. Y. ~sq., attorney zor 1, (We) ...... .2..4..2....A..s..s..o. ,c..~ .a. ,t..e..s. ............................... of .....,1_0. ,5. 0....Y..o..u..n..g..s.,..A..v..e..n..u,,e. ................................... Nome of Appella,nt Street and Number Southold, New York ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON September 1, 1988 APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Michael J. Hall, Esq., attorney for 242 Associates Name of Applicant for permit of 1050 Youngs Avenue, Southold, New York Street and Number Municipality Stote ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Vacant land Certificate of Occupancy for additional one (1) acre building lot. 1, LOCATION OF THE PROPERTY New Suffolk Avenue A Res Street Use District on Zoning Mop 1000-117-09-08 Mop 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.) Article III Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for (xx) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal /Jam~) (has not) 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 ...................................................................... ( ) (xx) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that this house is on a three (3) acre parcel and is not in conformity with the neighborhood and owner wishes to create two parcels of approximately 1-1/4 and 1-3/4 acres. Form ZB! ,l~ill~i.~jM~l~l~Continue on other side) Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce'practical difficulties or unneces- the present house is on a three acre parcel and has been sary HARDSHIP because difficult in its large state to market. 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 most of the properties in this section are between 1/4 acre and 1 acre in size. This parcel is approximately three acres and is very large compared with properties in the immediate vicinity. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CftARACTER OF THE DISTRICT because the two parcels erected would each he larger than one acre in size, very much in harmony with the character of this neighborhood, and yet not much smaller than the present zoning ordinance. STATE OF NEW YORK ) ) ss COUNTY OF Suffolk ) Sworn to this ....................................... day of .... Se.p.t.~.b..e..r. ......................... 19 88 Notary Public · . Suffolk Cot]nly Commission Expires August 31, 193 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTI~ O~ D~SA~'~'ROVAL ·--~-w~',~,-,, .~....~ ....... 19~.~... Date.. ~',. D.~.. ..................... ~.~~... ~ :~.,..~.~ ~ ~ t ...... PLEASE TAKE NOTICE that your application dated . ~~}-'.'A... ,ot~,,to ~~..¢~.....' ~ ........... "'~'...~.j2; County T~ Map No. 1000 Section .... [{~ ...... Block · Subdivision ................. Filed Map No. ~ .......... ~... Lot No ........ ~ .......... ~ r~umed herewith and disapproj~d on the follow~g ~ounds ........................................................ --.--...i ~..~ ...{ ,::,.~ ..................................... Buildin~ Inspoctor RV 1/80 The N.Y.S. Environmental ~ua11~y Review Act requires ~ub- mission of thiimmm~orm, and an environmental4m&eview will be made by this bO~l~d before any action is ta~n. SHORT ENVLRO~NTAL ASSESSMENT FOP~ INSTR!~T/O~iS t (a) In order to ·newer the questions in this short EAr is ia assumed th·t the prerarer will use currently available infonet, ion concerning the project and the likely ~m~cts of the ·etlon· It is not expected that ·dditional studiost research or other investigations will ba undert·ksn, (b) If any ques%ion has been ·nswered Yes the project may be significant and a completed Environmental Assessment Form is necessary, (c) If all questions have bean answered No it is likely that this projec= is (d) F~virommental Assessment 1, Will project result in · large physical cbmnge to the project site or physically alter more x 2, Will there be & major change to any unique or x ~nusual land form found on the site? · , · · Yes ----. No 3. Will project alter or have · large effect on an existing body of water? · , , · · · · · ·. Yes x &. Will project have apo:entiallM large lmpacu on grotmdwater quality? · · , · · · · · , · · Yes x No Will proJec% significantly effect drainage flow Will project affect any threatened or endangered 7. Will project result in · major adverse effect on air quality? 8. Will project have a ~Jor effec~ on visual char- known to be important %o the ~ommun£=y? , · · .... Yes ~ No 9. Will project adversely impact any site or strict- ure of historic, pre-historic, or paleontological importance or any site designated aa a critical environmen~al area by a local agency? * * · Yea __~h No 10. Will project hav~ a major e£fec: on existing or future recreational opportunities? · · · Yes x No 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- x ance as · result o£ the project's operation? . Yes ~ No 13. Will project have any impact on public health or · · · · · · · · . · · · Yes. x ~o l&. Will project Affect the e~£sting community by directly causing · ~rowth in permanent popu/a- period o__r have a major negative effect on the character of the community or neighborhood?.. Yes . ~ No [~. Is there public c~n~rover~/~cerning ~he project? Yes x R[PRESENTI~IG: socia~es DATE= September 28, 1988 )LD PERTY RECORD CARD O~.--~R ' STREET VILLAGE ,' DISTRICT SUB. LOT N ACREAGE S ~ · -- W , , ~ -- ~PEOF BUILDING VL FARM COMM. IIND. CB. - MISC. - ' ' ~ ~ - / / ~ AGE , BUILDING CONDITIOF N~ " NO~L/ BELOW ABOVE FRONTAGE ON WATER Form ~ ~' Value Per Acre Value FRONTAGE ON ROAD Tillable 1 BULKH~D Tillable 2 DOCK Woodland Swampland Brushl~ ~ ~ ~ t_ Ho~ Plot .7 _ ...... .r Total ' =,>;~-,,-~ ~,:~,,,:~-~ ........ ,~ .. FORMER OWNER . LAND IMP. kt. Value Extension ~' Extension ~-~ ~ C~ ~- j~ ~71~e Pl~ce Breezew~ Garage HD / A-C R-80. ,/ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of ~ ~ 242 Associates by Michael J. Hall, as: attorney to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it~_~the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request.~riance~Speciai Exception) (Special Permit) (Other) 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: 1000-117-09-p/o08 3. That theproperty which is the subject of such Petition is located in the following zoning district: "A" Residential-Agricultural 4. That by such Petition, the undersigned will request the following relief: bulk area and parking requirements of zoning ordinance 5. That the provi~o~ns of the Southold TownZonirjg Code applicable to the relief sought by the under- signed are Article Section 100-3I [ ] Section 280-^, New York low. law for approval of access over right(s)-of-way. 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) 7~5-1809. 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. ross" 242 Associates 1050 Youngs Avenue Southold, New York NAME Certified Fee Spec;al Delivery Restncted Deliv Return Receipl to whom and Return Receipt Dale, and Addr, TOTAL Post_~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS p P [ RECEI - -c~.~ RE( Street and New -- - P O, Statl I~N' S~ New Postage Postage Certified CedrfJed F 1o whom ~ Return F ~ Date, ar I ~ TOTAL P 774 953 920 RECE'~T'FO~ CERTIFIED MAll.. NO INSURANCE COVERAGE PROVIDED Sent to Marj orie Tese Street and No P.O.Box 3 ~,o, s,a~N&~lf8%k' NY 11956 Postage Certified Fee Speoal Delivery Fee Restricted Delivery Fee or Date STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Patricia Garsik , residing at Cutchogue, New York , being duly sworn, deposes and says that on the 28th day of September ,19 88 , 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 Southold, New York ; that said Notices were mailed to each of said persons by (certified) ~c mail. Patricia Gar/s ik Sworn to before me this 28th day of September / ~]9 88 //~r¢ euL/blic / MICNAEL J. (This side does not have to be completed on form transmitted to adjoining property owners.) SURVEY OF PR OPER T Y A T NE W SUFFOLK TOWN OF SOUTHOLD SUFFOLKCOUNTY, tV. Y. ' ~°~'e°' ~ 1000 -117 - Og - 08 ~ / / . = '~'~"~" Scale 1" 50' LIC. NO. 11971 49668 Prep=red in =ccordonce w!!h ]he mln£-nu.'n by the L.I.~.L.S. ond =pproved ~nd ~dop!ed °$~ 'oo..~ April 27, 1988 CER T/FlED TO, TICOR TITLE GUARANTEE COMPANY FITLE NO. TIZ88-1445 · 90UTHOLD SA VlN6S BANK LW2 ASSOCIATES 88-. 302