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HomeMy WebLinkAbout3537APPEALS 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.I., N.Y. 119'71 TELEPHONE (516) 765-1809 August 13, 1986 Ed Tobia &'~So~ General Contractor-Builder 40 Gerard Avenue E. Malverne, NY 11565 Re: Appeal No. 3537 Robert and Susan D'Urso (Variance) Dear Mr. Tobia: This letter will acknowledge receipt of your recent appli- cation. The members of the Board of Appeals will be conducting field ~nspections and environmental reviews as may be required by State and local laws prior to scheduling your application for a public hearing. It is requested in the interim that you Broceed with the [ ] Planning Board [X ] N.Y.S.D.E.C. [ X] Town Trustees in order that they may submit their written comments or recom- mendations as early as possible. Upon receipt of their input, your application will be scheduled for the next available hear ing date. If the above document(s) are submitted by early September, it is expected that the public hearing would be held about the early part of October. A copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation. Please feel free to call at any time if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski JUL22 TOWN OF SOUTHOLD, NEW YORK I'~111 ~ FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~52,"7 DATE ..... ..~.. ~.. L..~..~..~..~.~? TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ............ ~.. ........................................... 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 FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ........ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ...~....~..~.-.Z~.~.....~...~..~.....~......~....~....~......O....~..~.. ................ Use District on Zoning Mop Street ........ i.~..C)... ................................... .~). ................ Current 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.) 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 Low 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 BuiLding Inspector or with respect to this property. Such appeal was ( ) request for a special permit ~)~ request for o 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 redson that Form ZB1 (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 because STATE OF NEW YORK SS Sworn to this ...... (~.9~..m.~'~ .......................day of.....: L~r~;,:~ .................................... 19~, NotqJ~y Pubtic r ~o.~__P~l_ _lc. State of New Ym'k . o. 4~.22563. Suffolk County.S:.~ mrm Expires December 31, 19 O~ 'FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined ................. 19... Approved ................ , 19... Permit No ............ Disapproved a/c ..................................... Received ........... ,19... (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by Wpewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout tlie work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant, or name, if a corporation) (Mailing address of applicant) State whether applicant is_owner, lessee, agent, architect, enginee, r, general contractor, electrician, plumber or builder. Name of owner of premises o ~' ~rO (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................... Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... I. Location of land on which proposed work will be done .................................................. House Number Street Hamlet County Tax Map No. 1000 Section ....... ~.o/. ........ Block ...... .~. .......... Lot..{?.%/':...~. ......... Subdivision .Fl. 9~0.qF. CC .~.a.3 .'~. ?f.~ e.e(t..ff. .............. Filed Map No. (}O ..... Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ........ ~.P[('.~?. ?./. .................................................. b. Intended use and occupancy ...... .~...c'.~. :'(77-..../.~.C:(~..~..°.o.e.d. ?..C.(.¥/~.V5 '~'7 ..................... 3. Nature of work (check which a ,: New Building...~j. .... Addil~ .......... Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work ........... ' .... (Description) 4. Estimated Cost ...................................... Fee · (to be paid on filing this application) 5. If dwelling, number of dwelling units ...... ~ ......... Number of dwelling units on each floor .............. If business, commercial or mixed occupancy, specify nature and extent of each twe of use ti,, ' ' ' 6. If garage, number of cars ....... ,,,.... ................................................ ~ ........ 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ...................... Dimensions of entire new construction: Front ... ~,.O. .... . ..... Rear .... .~..O ........ Depth .... 3..0 ........ Height ............... Number of Stories .. .2~ ..... :.: .. . 9. Size of lot FrlSnt 2~0 Rear /~ ......... ~,'f:[ .... :-;~ ~ ............. 10. Date of Purchase ..... ~ '/' b'.~ ................. Name of Former Owner ....~.~. i~..~914 ................ 11. Zone or use district in which premises are situated .......... . ................... 12. Does proposed construction violate any zoning law, ordinance or regulation: 13. Will lot be regraded ............................ Will excess ilL!be ren~¢~ Cr'o~ ;'r;~}~e'sl ..... ~;i .... ~; 14. Name of Owner of premises ./~.. ~.i~.Q.$.Q ....... Address )! ged. .(9 t~r g4u~;~Phone No ~ q'~' d ~ $' ~ Name of Architect ........................... Address Name of Contractor . [.d,..I-~q,~ ,[q ............. Address ........ '~O.' ~.'~,)~;,(~e~ !'?./?'q.~CPhone'r~; ..... Phone NoN° ................ ................ 15. is th±s property located w±thin 300 feet of a t±dal wetland? *Yes ..... No ..... *If yes, Southold Town Trustees Permit maybe required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and~ indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. STATE OF NEW YORK, COUNTY OF... S.S ................................................. being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. He is the (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ........................ day of ...................... 19 ... Notary Public .................................. County (Signature of applicant) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No..' .............................. Date · · .~. ~. · ./.~/.'~" ......... 19 ?..~.. To ~.~'.-.'. ~..~ ~'~.o/- ~ " . ....... PLEASE TAKE NOTICE that your application dated...~. ~..I. ?/ .......... , 19 ~. ~. '~ ' -- '-"'" , , .. f)n J.--' ' ' for permit to construct... O'A,~. ~.Ovva~. ~..,~,). ~ ........................ at Location of Property ~'3tJs'~]o] ........... ..~..~...~....,$~1.~...~.~..:,.. County Tax Map No. 1000 Section .... ~ .~..~ .. Block ....~. ........ Lot .............. Subdivision .... ' Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds, ,0~... ~ .c~.....~..,...~..~.. ~.~-a~...~;~ ~.' .~~' ~' ~ ~ ~ -~ ~ · ~ .... ~.~..~"~.. ~ ....~ .... . ,. ~.~ ... Building Inspector RV 1/80 To: Rc: Southe!d Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of ~Ffo~,%" ~/~ ~_-( ~,~c(~- Location of Property: '~'¢,z',V ~"~h., ~uY~o~ / 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 th subject property i,n the within appeal application: (please check cmo box) [ ] blay 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 b'e 'located within 300 feet of tidal wetlands; however, constructed along tho water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and aoDroximate!v 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 tida'i wetlands; / and there is no bulkhead or ..... ,~. _ . con ..... wa!1 e:cis f~nc on the premises. not -[ ] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* appear to [:]tarred items (*) indicate your property does fall within the jurisdiction of the N.Y.S. D.E.C.] Sincerely NOTE: If proposed project falls wit'~in D.E.C. jurisdiction, approval must be received an~/ submit~6d to our office before your application can be scheduled for a public ~ The N.Y.S. Environmental Qua}fry I/~;viow Act requires sJb- mission of t~o form, and an environmen~ review wil! he made by this ard before any action is'm~'aken. .SMCRT ~NVI~O~2.:EUTAL A$$FS~ME~IT (a) In ordJr to answer the questions in this short £A? is la assumed that th preparer will use currently available lnfor.-..atlcn concernln~ the project and Glhe~ investigation9 w~l b~ ~dortaken, (b) If any ouestion has been answered Yes the project may be ai~niflcant an ccmp!eted Environmental Assessment Form is nece~oez-y. .? (c) 1£ all questions have been answered No 2% is likely t~mt this project is __ significant. (d) Environ.-.ent~l Assessment 6. 7. 8, lO. 11. 12. 13. Will project result in a large phyuical cPmnge to the project site or phyeically alter more than lO acres of land? · , , Will there be a major change to any unique or unusual land form found on the si%e? . , , . W~ll project alter or have a large effect on an ex~stlng body of water? . , , , , , , , . Wi/1 project hive a potentially large impac~ on W~ll project si~nificantly 'effect drainage fl~w Will project affect any threatened or endanEered plant or ankT.tl species? . . , · · , , . . . Will project result in a major adverse ef£oct on Will project have a major effect on visual char- known to be lzportant to the communAty? . . . Will project adversely lm. pact any site or struct- ure of historic, pre-historic, or pal~ontologicul importance or any site designated as a critical Will project have a mmJor effect on existing or future recreational opportunities? . Will project result in major traffic problems or Will ~roJect regularly cause obJectionah anco a~ a result of tho project's opera%Ion? Will project h~ve any impact on public health or Will project Affect thc exleting cOmmunity by directly cau~in~ a ~rowth In ~ermancnt popt~a- tion of more t~an 5 percent over a one-year period .~ have a major negative effect on the 15. Is there public,,~;entr~versy CCncern:nz thc project~ ., , Yem ~No .~, '. _ Yes ./,/' No ,,. Ye s . Yes Yom L'"i No TITLS: DATE: Yes .%/ No Yes . .~ Yes Yes ~No Yea ~ No ' Yes No ·, Yes . Yes .4~ };o Yes JUDITlt T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 22, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3537 application of Edward Tobia for a variance. Also included is Notice to Adjacent Property Owners; Application for a Building Permit and Notice of Disapproval of same from the Building Department; letter relative to N.Y.S. Tidal Wetlands Land-Use; Short Environmental Assessment Form; and map. Judith T. Terry Southold Town Clerk TOWN OF $OUTHOLD PI~OPERTY RECORD CARD OWNER "FORMER OWNER ,'/ STREET N S VI LLAGE lAND SEAS. , [ VL. IMP. TOTAL DISTRICT SUB. ACR GE TYPE OF BUILDING LOT I IND. CB. MISC. Est. Mkt. Value FARM COMM. DATE AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value Tillable 1 BULKHEAD Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Total FRONTAGE ON WATER FRONTAGE ON ROAD DOCK -- / ORCHARD LA. · SOUTHOLD R -40 ./ / / ROD~RICI~ 'VAN TUYL, P.C, LAND SURVEYORS G, REENP(M~T NEW YORK SUFFOLK CO HEALTH DEPT. APPROVAL H S NO. APPLICANT SUFFOLK COUNTY DEPT. OF HEALTH SER.VICES - FOR APPROVAL Of CONSTRUCTION ONLY DATE* H. S. REF. NO.: APPROVED' SUFFOLK CO. TAX MAP DESIGNATION: DIST. SECT. BLOCK PCL. /00o ~ ~ ,72. 63 OWNERS ADDR~SSi-- ~ nb ~: ' '""" (o~m ' 5TATEMEN.-T ~)F i~T£NT THE WATER SUlkiLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO DEPT. OF HEALTH SERVICES. 0 192 Q BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold NOTICE TO ADJACENT PROPERTY OWNER 1. Th~ 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 adiacent to your property and is des- cribed as follows: ]~C' ~_.7_---x~, ~::~:::~; ~,,~C:>',,~--P~"~O \d 3. That the pro,.p.~,rty which is the subject of such Petition is located in the following zoning district: 4. lha~ by such Petition, [he undersigned will reques[ [he followin~ relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section I (~(~ ~ bi [ ] Section 280-^, New York Town 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 app~r and be heard at such hearing. Dated: ~_~L~ ~5-'~E~)~ . Petitioner ~ Owners Names Post Office Address I\ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) /!~L I L/~.f" fl ~- ~ ~/.%-~,.5~ ' , being duly sworn, deposes and says that on the ~ day of .'~la ! ~/ ~ 1 9 ~'L , deponent mailed a true copy of the Notice set forth ~re- verse side hereof, direr:ted 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- rice at \)h..[/P~ J ~ ~"l'~ ~ iQ L~ ; that said Notices were mailed t9 each o.L~aid persons by ~ (~e~ister~d) mail. ' ~ I ~ / Sworn to before me this day ~f~ ~utL~ ,19 Not~y Public (This side does not have to be comp]eted on form transmitted to adjoining property owners.)