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HomeMy WebLinkAbout4169 RECEIVED IAY 1_ 9 1993 APPEAL FROM DECISION OF BUILDING INSPECTCR ^PP L NO. DATE .. . TO THE ZONING BOARD OF APPEALS. TOWN OF SOUTHOLD, N. Y. I, (~). . G O R D..O..N.....P. ~...I..Q~ ... of ........ ~ ~X% ..~..Q.~ ~.....( .B...o..~ ..~ ~ Q l ...................... Name of Appellant Street and Number Orient Municipality NY 11957 ~:Ry APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ....... 2],22.5Z ................ DATED ..... .%,p.~k~,...~.~..,...,],.9.~,3 ................ WHEREBY THE BUILDING INSPECTOR ]~7~k~IX~X::~ GRANTED TO ( ) ix] Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY building permit 1. LOCATION OF THE PROPERTY 24850 Main St., Orient R-80 Street /Ham]et / Use District on Zoning Map District 1000 Section 18 Block 6 Lot 5 ~ . ........ 2fi. uurren~ 0Whet Mark and Mary Bess Phillips Map No. 'Lot No. Prior Owner 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 Do not quote the Ordinance.)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 Section 100-3i(A) (2) (c) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to Jack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 (x) Applicant seeks a review of above building permit under Section 267(2), 'l'own haw 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision Of the Building Inspector or with respect to this property. N/A Such appeal was ( ) request for a special permit ( ) request for a variance c~d was mode in Appea! No ................................. Dated .................. t .......... , ........................................ REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ) A Variance to the Zoning Ordinance (x) Rever.sal of the decision by the building inspeqtor to issue a build'~ng permit ' · . is requested for the reason that the building permit was issued fbr a use which is not in full conformity with the provisions of Section 100-31(A)(2)(c), to wit, applicant misrepresented that the proposed use is "Agricultural Building,." which is an accessory use, when applicant plans to build a principal use at the subject premises which is not permitted under Section 100-31(A)(2)(c). ~0~m ZB! (Continue on other side) REASON FOR APPEAL ContinuL~i 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because n/a vicinity of this ~roperty and in this use district because The hardship created is UNIQUE and is not shared by all properties alike in the immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE Dl~l KICT because n/a. 4. Applicant is the adjacent property owner to SCTM 1000-18-6-5 and applicant will suffer injury by reason of the erection of ~he proposed building with dimensions of 90 feet by 48 feet within 30 feet of applicant's' restored historic single-family, residence. The proposed structure aggrieves applican%' since under the above cited subsections of the Code, th~ applicant has misinformed the building inspector and the building inspector has issued a'building permit for a building that is not allowed ~or the proposed· use at the subject premises. By reason of the foregoing, applicant is an aggrieved .person or party with full standing under the law to make this application. Annexed is a copy of the· building permit appealed from, including Forms No. 1 and No. 2'- Also annexed is a copy of a letter dated May 7, 1993; to'which the bui.lding inspector has provided no reply. Applicant respectfully requests that the Zoning Board notify the bui~ng inspec~tor_~thwith 't~'enforce the statutory stay provided under Sectio~ 267(4)~ ~%~own COUNTY OF SUFFOT.K. ) GO~DON I~RTC~ign~i .............. llth day o( .................... .bi ~.~. ............................ 1993 Sworn to this .............................................. Notary Public JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ', ' J.IH - 2. [994 :,. ~u n Hall, 53095 Main Road ~. P.O. Box 1179 ~b-tith0-1d~ New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 31, 199~1: RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $275.00 to Gordon Price, which sum represents a partial refund on an application to the Board of Appeals, whereas the application was processed, and advertised before the applicant requested a refund. ~'' Judith T. Terry ~/ Southold Town Clerk June I, 199~1 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. Jame~ Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 16. 199o, Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Gordon H. Price P.O. Box 310 Orient. NY 11957 Re: Appeal No. O`169 - Price/Phillips Dear Mr. Price: This will confirm that Appeals Board Members have reviewed your request for a refund dated May 1, 1990,. It was the recommendation of the Appeals Board~ that a partial refund of $3,75.00 be granted since the legal notice was advertised as required by law in the local newspapers, and subsequently postponed by the applicant. We expect that $275.00 as a minimum would be refunded by the Town Board before the end of May and forwarded directly to you at Box 310, Orient, NY 11957. PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD June 22, 1993 (7:30 p.m. Hearings Commenced) Present : HON. GERARD P. GOEHRINGER, Chairman JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member (Absent and Excused: SERGE DOYEN, Member) LINDA KOWALSKI, Clerk-Assistant to Board ZBA HEARINGS 58 June 22, 1993 POSTPONEMENT WITHOUT A DATE PER REQUEST OF GORDON PRICE APPLICATION NO. 4169 - FILED BY GORDON PRICE seeking a Reversal of Building Permit #21375Z issued by the Building Inspector on April 29, 1993 to Mark and Mary Bess Phillips, owners, on the grounds that applicant misrepresented the proposed use is an agricultural building, Article III, Section 100-31A(2) of the Zoning Ordinance. Location of Property: 24850 Main Road (S.R. 25), Orient, NY; County Tax Map Parcel No. 1000-018-06-00a5. Subject premises consists of 10.5+- acres and is located in the R-80 Zone District. (Postponed as requested until further notice.) APPF_ALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~n Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 INTER-DEPARTMENTAL MEMORANDUM TO: FROM: DATE: RE: Supervisor Thomas Wickham Judith T. Terry, Town Clerk Jerry Goehringer. Chairman May 16. 199~ Appl. No. L[169 - Gordon Price (Request for Refund) Please find attached letter from Gordon Price, the applicant Pin the above appeal, requesting a refund of the SU,00.00 application fee paid by him in May 1993. It is the recommendation of Appeals Board Members that a partial refund of $275.00 be granted, allowing $125.00 for the advertisement of the legal notice in the local newspapers, and processing fees. The hearing was advertised, and at the last moment the applicant requested a postponement. GORDON It. PRIC~ P.O. BOX 310 ORIENT, NY 11957 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 21, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 755-1823 Telephone (516) 765-1800 Mr. Gordon Price Main Road r Box 310 Orient, NY 11957-0310 Re: Appeal No. 4169 - Price/Phillips Request for Reversal of Pending Building Permit Dear Mr. Price: This will confirm our conversation that pursuant to your request, the above hearing is postponed for two months in order to allow time for a possible settlement between the property owners. When the time is appropriate, please confirm in writing the new status of this project and whether or not you will be proceeding with the application. Very truly yours, Linda Kowalski ANTHONY B TOHILL MIGHAEL T C LI~- FO~tD .~dqTHONY B. TOHILL, P.G. ATTORNEYS AT LAW ~2 FIRST STREET P. O. BOX 1330 RIVERHEAD, NEW YORK 11901 TELECOPIEr: (5~6) 727-6336 May 27, 1993 Ms. Linda Kowalski Board of Appeals Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, NY 11971 Re: Price/Phillips Dear Linda: I have your letter of May 19, 1993. Thank you for bringing me up to date on the status of the matter in caption. I note in the third paragraph of your May 19, 1993 letter a misunderstanding about the conversation between us concerning "proof" of the application. The proof will be submitted by the applicant on the evening of the hearing. There is no legal requirement that I know that requires Mr. Price to be treated differently from other people similarly situated under these circumstances. If you or anyone else knows of authority otherwise, please draw that authority directly to my attention promptly. Very truly yours, Anthony B. Tohill ABT:man APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 May 19, 1993 Anthony B. Tohitl, P.C. 12 First Street P.O.Box 1330 Riverhead, NY 11901-1330 Re: Price/Phillips Dear Mr Tohill: This will confirm that today Mr. Price delivered the appeal application form with affidavits of service to our office. Copies of this application are being distributed to the Chairman and Board Members for their review, inspection and follow-up. It is expected that the public hearing will be held on or about June 22, 1993. A copy of the Legal Notice as published in the L.I. Traveler-Watchman, Inc. will be forwarded to you shortly as confirmation of the exact time and date. In the interim, you have indicated that as attorney for Gordon Price, either you or the applicant himself will be submitting the proof necessary by law to support the application. To date, the proof requested in our May 12, 1993 letter has not been furnished to our office. For your information we have enclosed a copy of our memorandum to the Building Department concerning Section 267(6) of New York Town Law, and our request that the building permit record be transmitted to our office. Very truly yours, Enclosure cc: Mr. Gordon Price Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robe~ A. Villa Richard C. Wil~on Telephone (516) 765-1809 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 FROM: DATE: SUBJECT: Office of the Building Department Attn: Inspector Curtis Horton Inspector Gary Fish Inspector Thomas J. Fisher Board of Appeals May 19, 1993 Appeal by Gordon Price for a Reversal of the Issuance of Building Permit No. 21375Z issued 4/29/93 Premises: 1000-108-06-05 (Phillips) at Orient New York Town Law, Section 267(6) provides that when an appeal to the ZBA is perfected, all proceedings by the Town in furtherance of the action appealed from are stayed. This memorandum is sent as a confirmation that the above appeal papers have been delivered to our office concerning this request for a reversal of the above-noted building permit, submitted by an adjoining property owner, Gordon Price. At this time, the applicant has not submitted proof required by law to reverse the permit, however, submission of the proof is expected to be received prior to the anticipated hearing date of June 22, 1993. Please transmit to us all the papers constituting the above building permit and office record (or a duplicate thereof), which is a requirement under the codification of New York Town Law at Section 267(5). Thank you for your attention and assistance in this regard. cc: Office of the Town Attorney Anthony B. Tohill, Esq. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. Jame~ Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 12, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 · Anthony B. Tohill, P.C. 12 First Street P.O. Box 1330 Riverhead, NY 11901-1330 Re: Price/Phillips Dear Mr. Tohill: As a courtesy, our office is faxing this communications to you in order that you would be given an opportunity to have all the information submitted in the above matter. The appeal papers left in our office earlier this morning for review and filing with the Town Clerk are incomplete and may not be filed or further processed by our office. Unless the following information is received and reviewed by closing today (4:00 p.m.), these documents will be returned to you: a) filing fee check in the amount of $400.00 made payable to the Town of Southold is required at the time of filing; b) proof of mailing by certified mail to the adjoining property owners together with an original Affidavit of Mailing with the reverse side of the Notice Form, completed, is required at the time of filing; c) original certified mail receipts showing the date of mailing as postmarked by the U.S. Post Office within five days of the date of filing the application is required; d) proof of service as required by New York Town Law upon the administrative officer charged with the enforcement of Chapter 100 is required, as well as proof of service upon the landowner of the property which is the subject of your application, at the time of filing this application; e) copy of current deed of the applicant's premises and original survey showing the applicant's premises adjoining the property which is the subject of the application; ~ ('~ Page 2 - May 12, To: Anthony B. Tohill, P.C. Re: Price/Phillips f) original application does not provide proof that the use proposed of the subject agricultural building to be other than for agricultural purposes, as claimed in the application. Very truly yours, Fax Transmission to 727-6336 10:20 a.m. 5/12/93 Linda Kowalski cc: Mr. Gordon Price APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971. Fax (516) 765-1823 Telephone (516) 765-1800 May 13, 1993 Anthony B. Tohill, P.C. 12 First Street P.O. Box 1330 Riverhead, NY 11901-1330 Re: Appeal Application by Gordon Price Property of Phillips at Orient Dear Mr. Tohill: For the reasons stated in our letter of May 12, 1993, the documents are returned due to incompleteness. You may, of course, submit a complete set with the additional documentation and filing fee check. Very truly yours, Linda Kowalski Enclosures APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOVFN OF SOUTHOLD MEMORANDUM SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Office of the Building Department Attn: Inspector Curtis Horton Inspector Gary Fish Inspector Thomas J. Fisher Board of Appeals ~~ May 19, 1993 Appeal by Gordon Price for a Reversal of the Issuance of Building Permit No. 21375Z issued 4/29/93 Premises: 1000-108-06-05 (Phillips) at Orient New York Town Law, Section 267(6) provides that when an appeal to the ZBA is perfected, all proceedings by the Town in furtherance of the action appealed from are stayed. This memorandum is sent as a confirmation that the above appeal papers have been delivered to our office concerning this request for a reversal of the above-noted building permit, submitted by an adjoining property owner, Gordon Price. At this time, the applicant has not submitted proof required by law to reverse the permit, however, submission of the proof is expected to be received prior to the anticipated hearing date of June 22, 1993. Please transmit to us all the papers constituting the above building permit and office record (or a duplicate thereof), which is a requirement under the codification of New York Town Law at Section 267(5). Thank you for your attention and assistance in this regard. cc: Office of the Town Attorney Anthony B. Tohill, Esq. 1050 Y~ Axe., BO B~x 1210 Soukhn~d, New Yc~k 11971 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main P.O. Box 1179 Southold, NY 11971 Road Re: Price/Phillips May 19, 1993 Gentlemen: Please be advised that I represent Mark and Mary Bess Phillips, the owners of vacant property located at 24850 Main Road, Orient, NY. A building permit (No. 21375Z) to erect an agriculture structure on said property has been issued by the Southold Town Building Department. I have had an opportunity to review the application of Gordon Price and other correspondence in your file. Suffice it to say that the assertion by the applicant and his attorney that the building will be used for purposes not allowed by the zoning ordinace are presumptuous, at best. I have repeatedly advised Mr. Tohill that my clients do not intend to utilize the subject building for any purpose not allowable under the zoning ordinance. Request is hereby made for a copy of Mr. Price's application and that I be provided with copies of all future correspondence from or to Mr. Price and/or his attorney, Mr.7~ ~0~ ~' INSPECTORS Victor Lessard Principal Building Inspector Curtis Horton Senior Building Inspector Thomas Fisher Building Inspector Gary Fish Building Inspector Vincent R. Wiec~orek Ordinance Inspector Robert Fisher Assistant Fire Inspector Telephone (516) 765-1802 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD TO: SCOrl L. HARRIS, Supervisor Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Gerard Goehringer, Chairman of Zoning Board of Appeals FROM: Curtis W. Horton, Sr. Building Inspector SUBJECT: Reversal of Issuance of Building Permit 921375Z Mark & Mary Bess Phillips Owners Suff. Co. Tax Map 91000-108-6-5 DATE: June 2, 1993 In reference to your memo dated May 19, 1993 attached please find photocopies of the paperwork that we have regarding the above building permit. Since the building plans are to01arge, we cannot make photocopies of them. If I can be of further assistance, please contact me. CWH: gar ~at~t Fc~ent ) APPEAL5 BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: Office of the Building Department Attn: Inspector Curtis Horton Inspector Gary Fish Inspector Thomas J. Fisher Board of Appeals May 19, 1993 SUBJECT: Appeal by Gordon Price for a Reversal of the Issuance of Building Permit No. 21375Z issued 4/29/93 Premises: 1000-108-06-05 (Phillips) at Orient New York Town Law, Section 267(6) provides that when an appeal to the ZBA is perfected, all proceedings by the Town in furtherance of the action appealed from are stayed. This memorandum is sent as a confirmation that the above appeal papers have been delivered to our office concerning this request for a reversal of the above-noted building permit, submitted by an adjoining property owner, Gordon Price. At this time, the applicant has not submitted proof required by law to reverse the permit, however, submission of the proof is expected to be received prior to the anticipated hearing date of June 22, 1993. Please transmit to us all the papers constituting the above building permit and office record (or a duplicate thereof), which is a requirement under the codification of New York Town Law at Section 267(5). Thank you for your attention and assistance in this regard. cc: Office of the Town Attorney Anthony B. Tohill, Esq. TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREJ~ISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N~°. 31375Z Permission is hereby granted to: . C~..Q.~a~ ..... ~i~..~i.i;_~-:.--~ .......................... iiii~.' ~;';~";'"i';~;; .... at premises located at ...~...~..~..~--~.....:.....~.~...J~d~. ............. .(~).~ ........................ , ..... County Tax Map No. 1000 Sect,Van ..... .QJ.~. ......... BIo~k ....... .(~..~ ...... Lot No....~....~... ........... ...... · ~~.....-*~--..~ ............... , I9.~,g~.., and approved by the pursuant to application dated Building Inspector. Fee $...~.....*. ............ Building Inspector Rev. 6/30/80 /~:~-t'&~ ~-,,r' TOWN OF SOUTItOLD PROPERTY RECORD CAR FORMER OWNER i N , -, / / ACR. J , LOT RES. LAND AGE SEAS. VL~i. OTAL d] FARM~.,)/.~o COMM. CB. MISC. Mkt. Value DATE REMARKS ~P~-6~ ~.~ / FARM i Tillable 1 IMP. NEW NORMAL Acre Value Per Value Acre BUILDING CONDITION BELOW ABOVE Tillable 2. Tillable 3 'Woodland Swampland Brushland : House~ Plot Total FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD 2 (, ~-~ DOCK . FORM NO. 1 TOWN OF SOUTHOLD LCUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL,: 765-1803 Examined..~. ~...~..., 19 ~.-Z~- ' Approved ...~..~k?{.., 19~ permit No..~Y ~'~ ~'~ ..~ Disapproved a/c ................................ 2 . .; ./,.-~ ... ......................... · .t '~ -~. - .~'- · .-~_.~.". · .-~-~...'~. ¢~L-~. .... (Building Inspector) APPLICATION FOR BUILDING PERMIT BOARD OF HEALTH ........ 3 SETS OF PLi',,NS ........ SURVEY ................. CHECK SEPT ................. IC ; 0 It t'l CALL INSTRUCTIONS Date ....... ~ ....... 19., pp. licable Laws, lerations, or foi~rep~va.~.l or de'ilion, ,antes, b u/il d~m~,//e--9'd e ,~ o~ a na admit authorized inspectors on premises and in building for n~~ amc, i a. This application must be completely filled in by Wpewriter or in ink and submitted to the Building Inspector, with 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 sti'eet or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appb 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 permi shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancx 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 tht Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other a Ordinances o~ Regulations, for the construction of buildings, additions or all ~ion, as herein described The applicant agrees to comply with all applicable laws, ordinances, and regulations, and tc if a c~'~at~io'~) ' ' (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. N " ameofownerofpremises r~ c.~,&_~. ~rv .............. % .... : ........... ~.~. ............................. (as on the tax roll or latest deed) If applicant is a corporation, mgnature 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 ............ o b- o ............... :" ..................... House Number Street Hamlet County Tax Map No. I000 Section ... :...k%. ........ Block ..... .~.. ........ Lot..~....--~. ............ Subdivision ..................................... Filed Map No. (Name) ............. Lot ............... 2: State existing use and occupancy of premises and intended rise and occupancy of proposed ~onstruction: a. Existing,use and occupancy ....-~.. 9...v~.' ~ ................... b. Intended use and occupancy .. t.C.,_L-A....XS.."-d:.. ,~.~'?h.(~.,. , , .......... 3. Nature of work (check which applicable): New Building ....... Addition .......... Alterakion Repair .............. Removal .............. Demolition .... : ......... Other Work ...... [ ....... 4. Estimated Cost. ~ ~OC3C~.. C'AL~ ' .... . ........... Fee ......... '..~.. ....... (DescriPtion} 5. ellin .......... . Number of dwelling units on each floor .... 6. If bus]ness, commercial or m].xed occupancy, specify nature and extent o fl .' .~.' .~ .~lx~3~;.~.~' .' 7. Dimensions of existing each type of use . structures, if any: Front ............... Rear ... ........... '.. Depth ....... Height ............... Number of Stories ....... Dimensions of same structure with alterations or additions: Front ................. Rear ................. Depth.. Height ' N · ' ........................... ,., umber of Stones ........ ........ 8. Dimensions of ej~tire new construction: Front .~ (D Rear ~:~ O " -- Height :[:~+,.~..~..~.... Nu, mber of Stories i i i i' ~,- ........ ' ............... ~epm ..... c~ ........ 9. Sizeoflot Front d=,~g-~ I%-- Rea~ ........ ' .....: .... ..... ~,'''. ....;i~:,~; ...... 10. Date of Purchase ...................................... ,ucptl~ .. !..,o../. ............. ............................. l~am~ of Former Owner ............................. 1 1. Zone or use district in which premises are situated .... .1~. :.~.O. ....................................... 12. Does proposed construction violate any zoning law ordinance or regulation. ~.O ' ' 13. Will lot be regraded . Will ................................ ...... ~j~'~ · · · ,- ............. excess fill be removed from premises: Yes No 14. NameofOwnerofpremises .0y/.%t.~.,s t~l.,Ik-6,.~Address ~ xo._c~. ~4-- ~.t~ ........ · ....~ ..... · .C?F:'~.. ~... Pho,,~ ,,~, .......... Name of Architect .................... Name of Contractor . .N~... :~..~~ ...... Address. ~ ~w .... ~ Phone Add ~ '~ cLc, t.,,: · - ._. · No ............. 15.' Is this property within 300 feet o'f ..... "' tess . .~_~qq-9+~.~*~.. Phone No . a txdal wetland? *Yes ........ No'... ' ............... · If yes, Southold Town Trustees Permit may be 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 corner lot. STATE OF NEE/YORK, COUNTY OF .~.L.~. ...... S.S ... '~. '..~..O.,v'.-.- [/'~/~'~...~.:..c_k.~.,'~ being duly sworn, deposes and says that he is the applicant (Name of individual signing contra~t) ]bore named. ;te is the .... . .Ow..X~...g'.~.~5..~ .'w e_r'--~-- ' ' (Contractor, agent, corporate officer, etc.) )f said owner or owners, and is duly authorized to perform Or have performed the said work and to make and file this ~pplication; that all statements contained in this application are true to the best of his knowledge and belief; and that the .york will be performed in the manner set forth in the application filed therewith. iworn to before me this ......... 0... ........... .... ' .... ,I,5 } ~'otary Public ....................... . '- / .... ..-:::.... ~o. n872093, County of S~:k . ff ] ' ~Jgnata/re of applicant) · Term Exp,res September 22. 19~ ~ , GUA~At41'EED TO FOI?E,~-IOST AD_ FOUNDATION {1st) FOUNDATION (2nd) 2. ROUGH FRAME & -PLUMBING INSULATION PER N. STATE ENERGY CODE FINAL ADDITIONAL COMMENTS: FORM NO. 1 TOWN OF SOUTHOLD · dUILDING DEPARTMENT TOWN HALL $OUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined Approved i .. '~ o -- - ' · · · Disapproved a/c · (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS B~ARD OF HEALTH ........ 3 SETS OF PLANs .~ ....... SURVEY ................. ClIECK NOTI py: CALL ................. HAIL TO: ' I : L'!.$-3 '~(,:;'3::~ .... Date ................... 19.. a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector~ with. sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot pl~an showing location of lot and of buildings on premises, relationship to adjoining premises or public sti'eet or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appF 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 permi ;hall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancx ~hall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to th~ :luilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other a Laws, Ordinances m ¢.egulations, for the construction of buildings, additions or alterations or fo/~ ?he applicant agrees to comply with all applicable laws, ordinances, ~and regulations, and tc pp. hcable , ur m~va.~l or d~ion, as herein described ~b~ujl.~din~4cc'9~de,/~O~an{ n gulatic ns, and tc ,dmit authorized inspectors on premises and in building for ne~~~..~ '-~ (Mailing address of applic.~l~t')' '-J ...... ''' gtate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. gameofownerofpremises ~-k<:, ~,..~=_ {Stx~t,.,4'~__~.-c ~1. I ' ' (as on the tax roll or latest deed) 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. Location of land on which prop. osed work will be done .... oD q 90 'o ltouse Number Street Hamlet County Tax MapNo. 1000Section ...i..J.%. ........ Block ..... .~ ..... :... Lot.¢~.2 ............ Subdivision ........ ........ (~a~)' :' ~ ............ Filed Map No ............... Lot ............... State existing use and occupancy of premises and intended use and occupancy of proposed ~onstruction: a. Existing.use and occupancy . .~O~ ' ' ' '7 .................. ~ ...... : .............. b- Intended Use and occupancy 3.Nature o£work (zheck which applicable): New Building ........ Addition .......... Alteration ... ....,. .q. Repa~ir'. ............. Removal .............. Demolition .... i: ......... Other Work .... - ............. Fee - O0 (Description) 5. If dwelling, number of dwelling 'ts . .~//'~' , (to be pa,d on filing th~s application) g~p~t .............. Number of dwelling units on each fl or.. . Ifgarage, numberofcars ..../~.[.~. ............... '..~ ...... . .............. . o .... 6.If business, commercial or mixed occupancy, specify nature and extent of each tyne of use --{7~ t ' ~; ~,' ' '. 7. ~D~pens,ons el ex,sting structures, if any: Front ....... Rear .~ ..~O...~>..-~. D..~.~ .~5.~. nmght ............... Number of Stories ..... ~ .... ' · · - · ........... oepth ............ ..d Dimensions of same structure, with alterations or additiOns: Front ' ................. Rear .......... Depth .... L .................. Height ......... · · ..,.. Number of Stories ........... 8. Dimensions of entire new construction: Front. ..~ ............................. aame of Former Owner ............................. 11. Zone or use district in which premises are situated .... .~,. :.~.Q. . , . ............ 12. Does proposed constrt ct/on violate any zoning law, ordinance or rer, ulat,o- marne of Architect . --~. ' ' ''~ ......... ~ .... ne ,~o ............ ;... .. 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 corner lot. STATE OF NE}~ YORK, COUNTy OF..~_.,..Tq.o.C.K. ...... s.s ......... ¼,L.-_ ' '('~'n;; oi'i,;fi/Vifia,;l'si~i~'c~;(i'~'t3 .......... being duly sworn, deposes and says that he is the applicant above named. (Contractor, agent, corporate officer, etc.) ......... ~f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this ~pplication; that all statmnents contained in this application are true to the best of his 'knowledge and belief; and that the · york will be performed in the manner set forth in the application filed therewith. iworn to before me this ~. -~- ~ ,_ -/ ' . ..... ..... , ...... i, - / ~[~.~*,o~t~,_V_e~ .... :,~' '~---'-~. · ..'..../.~ .... ~... ~ ' ' '~-~72093, Cou~S~d~.t f ] ' (Sigfl~re ~licant) L_~ ~. ~erm~resSe~r22,1~ ~ . . ~ ~ ~ I"IAP OF P2OPEI~'F Y GUA~A~il'£ED TO F~PE,~,i051' AE lAC O,-~D .--,,.-- ............... **~lovai bcmo;'Lion : ........ O,acr Work ...... ; ..... .... (~csc. ril~t io ~.'~oc~ c~" · ~0 .~ 4 Eslimaled Cost '. ' ' ' ' · · F~ .' ' . ' .~. (to b~ paid on filing thi$ application) 5. Ifdw~lling, numb~rofdw~lling~ni/{ . ~u~{bctofdw~llin u.i/so r ~lA .......... ~ , ~ ~11 llOOt .......... . Ifgarage numberofcars ...~1~ ' · . . ..... 6. s y a, r f . . .~..... 7. Dimensions of existing structures, if any: Front.,.. t · -,~ ....... Rear ..... ,. ~ ...... '. ~' Depth ............ l'l~igh~ Number of Stories Dlmensmns of same stm~/ut~ w~/h ~J/~rations or additions: Front ............. Depth .... 2 .................. Height .... ' . · ................ R~t ...... . ........... 8. Dimensions of ~n/ir~ n~w ~onstm~/ion: Front . ' ' '~ ~ ..... '. · ;., Number of S/aries ........... ~ ...... .... ~ ...... ~ R~ ... ~ 2 ........ U~pth .. ~ B., ..... .~4~i~ht ~ a~..., m~b~orSto~ .......... ~ ......................................... 9. Sizu allot: Front ..~"1~ · R~h. · . ~ ...... ~ ................... ... . Jl~ I0. ~ .................. U~l)th .......... '...';. 11. ia 1 i r i tu . . ' ................. 12. Does proposed construction vmla/e any zoning law, ordinance or regulation' .. ' ~0 ... ' ' ~ ............ 13. Willlot b~ rc~radcd ........ ..... · · ... · .3: ;;; ~.. · ~ .... e,. f,. ·.. Will ~xccss. fill bo removed from premises: Yes 14. ~OlUW~tOlprCllllScs,i~.Zl,y,~.j.~../~)pC~ddr~ss ~q~k~ ~PhoneNo .· N~u of Architect ....................... .... Add .... '~' ......... ~' · ' ............. . ~[f yes, Southold To~n Trustees Permit ma ' · ' ....... y be required. .. ' PLOT DIAU~ Locate clearly and distinctly ~1 building, ~heth~r ~xisti.g or proposed, and. indicat~ ~1 set-baok d~nsions from prope~y lines. Give str~ut and blo~k number or d~safiption a~ording to d~d, and show street names and indi~at~ wh~the~ interior or ~om~r lot. ]TATE OF NEW YORK, ' ~OUNTy OF . .:;::k,)~.Ot- S.S (Name of individual signing c~'n't~t) · · being duly sworn, deposes and says that he is the applicant bov~ named. (Contractor agent ....... i ...................... · corporate officer e/c ..... f said owner or owners, and is duly authorized to perform or have performed tile said work and to make a/~d file this ~pl'catmn that all statc,nents contained in this application are true to the best of his knowledge and belief; and that the 'ork will be performed in the manner set forth ' ' ' ' in the apphcat~on filed therewith. worn to before me this _", I--~-- ' ~/ ' · ........ ....... ...... .... ' · ,' ,.ud~ar~o.] .3 SETS OF I'L.,'t~,I5 ...... TH~L'D '" TOWN OF SOU IJUILDINGDEPARTMENT ClIECK ................ TOWN HALL· '' SEPTIC ' · FOItH .......... SOUTHOLD, N;Y; ('"x . TEL..: ~65-180,~ · ," . ' ."t:O?ZF¥: Exan,iued..~e~.~. ~.cj..., 19t1.~ " ' . '.. ' CAL~ , .............. ~U , · · -. ' ..' ' · ' ~lnrr To: Approved .~..~.., 199~Pc~it No.~t.~.~..~' ' ' '" .'" ................ Disapproved~a/c~ ................. ' . ... "' ' ".... ' ................ · .... . ' ~u~l ~ L ........... APPLICATION FOR BUILDING PERMIT ' ~'J ?'' [~t ~.t~E~", ...... . .. ... "· · · : Date ' . 19 a. t~s 'apNicatioa must ~ completely ~ll~d ia by bP~tet.or in iak and submitted to th~ ~uildb~ la.p~ctor, wi s~ts of plans, accurate plot pla~ to scale. F~ according to schedule. · . b. Plot plan showbg locatio~ o~ lot a~d or ~uild~gs oa premises, r~latio~ship to adjoining premis,~ or public or a=:as, and gi,bg a dctdlcd description or layout of'property mu~t b~. drawn on the diag~m ~hi;~ is pa~ of this catioa. · . · . . . c. Th~ ~ork co~r~d ky t~s apNi~tio, may a~t ~'~o~m~c~d b~for~ iJs~aac~ of ~u~diag Pe~it.. d. Upon approval orthis application, the ~uildiag Inspector ~ill issued a ~u~dbg Pc~it to the app~ca.t. Such shal b~ k~pt o~ th~ pr~mis~s ava~abl~ for ksp~ctio~ throughout the Work. ~. No buildi.g shall b~ occupied or us~d ia whol, or ia p~ for a.y purpos~ ~at~v:r u.til a Ccdiacatc'of Occupa shall hav~ b~ granted bY thc ~uildi~g Inspector. A~PLICATION IS HERE~Y MADE to th~ ~uildbg.Depa~me~t ~or thc issuaac~ of ~ ~dldi.g Ecmit pu~ua~t to ~uildi~g Zo~ Ordinance of thc Town of Southold. Suffolk Cou.ty. N~ York. ~d other ap~cablc ~ws, Ordb~ce~ R~gulatio.s. for th~ construction of buQd~gs, additi0as'or alterations, or fo~rc~v~or d~itio~, a~ ~ descdb Thc app~cant agrccs to comply wit~ all ap~li;abl~ laws, ordinances, buJJd~c~and r~g~latioas, and o~) · . ......... : ' ' (~aflm~ address oE a~li~=~t) ~ ..... Stat h th appli i le c,'a : chit gin aJ'contr ctor I i' e w e er cant s owner, sse gent, ar ect, en eer,. gener a , e ectr c a~, er or u . ~&_ ~ . plumb b ild N~me ofownerofpremises ..... · ....... ~... ~ . . (as on'the tax roll or latest deed) It applicant is a corporation, signature of duly authorized officer) .... ~ "~a~d ~fi titie o~ ~o~a~ Builder's License No ' ' Plumber's License No ' Electrician s License No : Other Trade's License No ' ' oRosed · 1. Location otland on which pr work will b done .... , ............ : ........... .'" Housa Number 8treot ........................ : '. Hamlet 000 . SubdiviSion .'. Filed Map No (Name) ............ Lot . . Stat~ existing use and occupancy otpremises and intended use and odcupancy of proposed construction~ . a. Existing~se and occupancy . ~ - ' · · ' ' · · , , '"v ....... ............ ....... § 97-I3 WETLANDS § 97-13 TOWN ~ The Town of Southold. TRUSTEEs __ The Board of Trustees of the Town of Sou~hold. [Added 6-5-84 by L.L..N'o. 6-1984} W'E ~-'L.-LN'DS [Amended 8-26-76 by L~ No. 2-1976; 3-25- - TIDAL WET~NDS: (1) Afl lands ~enerally covered or in~rmittently ered with. or which border on. tidal wa~. ar lands lyin~ beneat~ tidal water, which at mean iow tide are covered by tidal wa~ers ~ a maximum de9~h of five (5) feet. includin~ bu~ no~ limited ~ bogs. scl= marsh, SWamps, meadows, ~aa or o:her low lylnE lands subj~c~ ~ tidal action; (2) All banks, bogs. meadows, fla~ and tidal marsh subject to such ~ides and Ugon which grows or may grow ~me or any of the followin~ salt hay, black ~, saltwort, sea lavender, ~11 cord~s, high bush, c~t~ils, ~roun~aL (3) All ~d immedlate~udjacen~ a [id~l w~l~nd ~ "' deilned in Subsection Al2) and lyin~ within sorori- tY-five (75) feet landward of the most landward edge of such a tidal wet[and. FRESHWATER WETLANDS:. . (1) "Freshwater wetlands" as defined in Article 24. Ti- fie 1, ~ 2-1-0107, Subdivisions l~a) to l(d) inclusive, of the Environmen~l Conservation or New York: and L~w of the (2) All I~d immediately adjacent to a "fr . . .m seventy, five (7S) feet landward of the ward edge of a "freshwa~r wetland.~ most land- 9705 QUESTIO~AIRE FOR FILI~G WITH YOUR Z.B.A. APPLICATIO}~ A. Please disclose the names of %he owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.} B. Is the subject premises listed on t~e real es=a=e marke~ sale-or being shown to prospective buyers? { } Yes { } No. C. Are there an~ l~r~posals tm ~ange ~rr alter l~n~ ountcu~? { '} Yes { } No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted wi~h this application? 3. Is the property bul~---~-~d between the wetlands area and · the upland building area? 4. 'If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the areaof proposed construction at or below five feet above mean sea level? _ (If not applicable, state "N.A.") ~..Are .ther, any patios, concrete barriers, b~lkheads or · cn e~ and are not ~h~wn un the sUrve Submitting? ...... y map that you ara ~i none exist, please state "none." · G. Do you have any construction taking place at this time concerning your premises? If yes, please submit.a copy of your building permit and""map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? If yes, please explain where or submit copies of deeds.-- parcel propose~ use Au~a~i=e~ Signa~3an~~e _ \GORDON PRICE 3/87, .10/901k Please list present use or operations conducted at this and th~he=N'Y'S- Enviro~meneal Quail · of -As ~cfm, and an enviro*nmencal ~Y ReV~e~ Ac~ requires submission (a) Xn order ~o answer the questions in this short EAF At ks assumed that the prepare.r will use currently project and ~he likely impacts of th~available information concerning the · action. It is not expected that addAtional studies, research or Other investigations will be undertaken. (b) If any question has been answered Yes the project may be Sig- (c} If all questions have been answered No it is likely that the : project is not significant. (d) ~nvironmental Assessme~ 1. Will project result An a larqe physical change to the project site or physically'alter more X___~es .'___No 2. Will there be a major change to any uniaue or un~ual land form on the site? ' ___Yes X No 3. Will project alter or have a large effect on an existing body of water? 4. Will project have a potentially large impact on ~Yes X_~No groundwater quality? $. Will project significantly effect drainage flow .__Yes~__No · -2._YesX No 6. WAll affect any threatened or endangered plantprogect ___Yes ___,~o Unknown 7. Will project result in a major adverse effect on air quality? · _~Yes ___iNo UnknoWn 8. WAll project have a major effect on visual char- .cter of vie s or istas : known to = ~ =o =ne community~ 9. Will project adversely impact any ' ute of historic, Pre-historic, or site or struct- paleontologi=a~ importance or any site designated as a critical Will project have a m~jor effect on existing or~ - WAll project result in major traffic problems or Will project regularly cause objectionable odors, anco as a result Of the project's operation? ~Yes No UnknowR Will project have any impact on public health or safety? Will project affect the existing community By ~__Yes · a major negative effect .__.Yes ~he cCmmu3~=g~r _ · on the ~--~ ~ "OXghborhood? ' LC conc~%V~COnccrning the )n Price ~ ~ ~e tied or · characc~ X$. Zs there p:oject? ~reparet'= Signature: .~ep:e=entin=: I s17.2.1 SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by ADDlicant Or Project sDonsor) GORDON PRICE Review o= issuance of building pe M..~¢~=,,~ 24850 Main Road, Orient c~..~ Suffolk SCTM 1000-18-6-5 Review of decision of building inspector 8. WILL PROPOSED ACT;ON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Park/FeresuOpen suace [] Ot~er 10. DOES ACTION INVOLV;: A PERMIT APPROVAl OR ,=I.JNOiNG, N~LY FROM ANY OTHER GOVERNMENTAL AGENCy (FEDERAl-- THE INFORMATION PROVIDED ABOVE IS T~UE TO THE BEST OF MY KNOWLEDGE A~I)IiC3h[I$Oon$Or Gor~ I! th; ! action is in the Coastal Area. and y6u are a state agency, complete the ~oastal Assessment Form before proceeding with this assessment OVER 1 'iContinued on ~'everse s'Jde) mit REASON FOR. APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because n/a 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 n/a . · .. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE Dlbl~ICT' because, n/a.... ' 4.. Applicant is the adjacent property owner to S~TM 1000-18-6-5 and applicant will suffer injury by reason of the erection of ~he proposed building with dimensions'of 90 feet by 48 feet within 30 feet of applicant's restored.~istoric single-family, residence. 'The proposed structure aggrieves applicant since under the above cited subsections of the Code, th~ applicant has misinformed the building inspector and the building inspecter Nas issue( a'building permit for a building that is not allowed for the proposed use at the subjeqt premises.. By reason of the foregoing, applicant is an 'aggrie~ .~erson Qr party with full standing under the law ko make this application. Annexed is a copy'of the. building permit appealed from, including Forms No. and No. 2: Also annexed is a copy of a letter dated May 7., 1993; to'which .the building inspector has provided no reply. Applicant respe.c%~ully reque: that the Zoning Board notify the bui~ng inspec~or~f~thwith to enforce th~ statutory stay provxded under Sectio[i67(4)i (Tbwn ~. COUNTY OF SUFFOLK ) GO]~ON PRIC~ign~ .............. Sworn to this llth day of .................. ~,~. ...... i ..................... 1993 Notary Public ANTHONY B. TOI-III I ~ Pu~lc, 8mt~ of No~ Yo~k No. 52-9350510 TOWN OF SOUTHOLD, NE'~ YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ............... ; .............. TO THE ZONING 80ARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ¢'~'~) ....... ~.o..~.D..9.~...~ gI~;J~ ....... j ...................... of ........ ~ ~,~ .. ~..~.~ ~....( ~..~..~... ~ ,L ~ ). ....................... Name of Appellant Street and Number ...................... O...~..J:.e...~.?:. ............................................................ .?--Y..--..-];..~..9..5.-7...HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ....... 2~,~3.,5.~ ................DATED ..... ,~.~;~-.],...;~.~..,....]..9.~3. ............... WHEREBY THE BUILDING INSPECTOR ]~,~I~X}~:X G~NTRD ~0 ( ) (x) ....... _~_e. vi.n._~_c_ ~_a..u.~..h..1...i..n.....a..s. _ ..a_~..e..n...t.. J.~ f ,? h i 11 ip s Name of Applicant for permit Of ; Street and Number Municipality State PERMIT TO USE PERMIT FOP, OCCUPANCY building permit I. LOCATION OF THE PROPERTY 24850 Main St.', Orient R-80 Street /Hamlet / Use District on Zoning Mop District 1000 Section 18 Block 6 Lot 5 ' ................................... JJ. Current (~ner Mark and Mary Bess Phillips Map No. .Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Da not quote the Ordinance.) Article Section 100-31 (A) (2)'(c) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town [,ow Chap. 62 Cons. Loews Art. 16 Sec. 280A Subsection 3 (x) Applicant seeks a review of above building, permit under Section 267(2), ','own m.aw 4.. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision 6f the Building Inspector or with respect to this property. N/A Such appeal was ( ) request for a special permit [ )'request for o variance and was made iq Appea! No ............................ ~....Dated ..................~ .......... , ........................................ REASON FOR APPEAL ( ) A Variance to Section 2BOA Subsection 3 ( ) A Variance to the Zoning Ordinance (x)'permz~Rever'sal of th.e decision by. the building inspector_ . to .issue 'a build'~'ng ' is requested for the reason that the buildlng permit'was issued f~r a use which is not in full conformity with the provisions of Section 100-31(A)(2)(c), to wit, applicant misrepresented that the proposed use is "Agricultural Building,." which is an accessory use, when applicant plans to build a principal use at the subject premises which is not permitted under Section 100-31(A)(2)(c) (Continue on other side) SENDER: 3. Article Addressed to: ~lr. l~ark Phillips 217 4th St. P.O. Box 428 Greenport, 11944 I also wish to receive the following ssrvcss {for an extra fee): : 1. i--I Addrsssee's Address 2 [] Rsstrcted De very Consult postmaster for fee.~ 4a. Article Number P281 10I 458 4b. Service Type [] Registered [] Insureo ~ Certified [] COD [] Express Mail [] Return Receipt for Merchandise  7. Date of D~liv~y/ 8. Addresse~'s Address (Only if requested and fee is paid) ,. 6. SignatUre (Agent) / ~ ~ ~~ ~ r r __~ PS Form ~e11' December1991 ~U.S.G.P.O.:1992-307-530 DOMESTIC RETURN RECEIPT INSPECTORS VICTOR LESSARD, Principal CURTIS HORTON, Senior ~NCENT R. ~ECZOREK, Ordi~nce ROBERT ~SHER, Assistant Fire Building Ins~ctors ~OMAS FISHER GARY FISH OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD December 9, 1992 SCOTT L. HARRIS, Supervisor Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Mark Phillips 217 4th Street P.O. Box 428 Greenport, N.Y. 11944 Re: Premises at 24850 Main Road, Orient, N.Y. Suff. Co. Tax Map 91000-18-6-5 Dear Mr. Phillips: This office has again received a complaint from Mr. Gordon Price in reference to the refuse being stored on your property at the above address. Please contact this office immediately so that we may resolve this matter without legal action being taken. Very truly yours, SOUTHOLD TOWN BUILDING DEPT. Building Inspector GJF:gar § 100-31 ZONING § 100-31 stand in existence on the effective date of this subsection must, within one (1) year from such date, comply with the provisions hereof. (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks)s, on lots of ten (10) acres or more. (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. (3) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsection B(15) hereof, are subject to site plan approval by the Planning Board: (1)' Two-family dwellings not to exceed one (1) such dwelling on each lot. (2) Places of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), subject to the following requirements: (a) No building or part thereof shall be erected nearer than fifty (50) feet to any street line and nearer than twenty (20) feet to any lot llne. (b) The total area covered by all principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. (3) Private elementary or high schools, colleges and other educational institutions, subject to the following require- ments: 6 Editor's' Note: See also Ch, 41, Duck~. 10039 2- ~- ss § 100-31 SOUTHOLD CODE § 100-31 § I00-3-1. Use regulations. [Amended 3-14-89 by L.L. No. 3-1989[ In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shah be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) One-family detached dwellings, not to exceed one (I) dwelling on each lot. (2) [Amended 5-23-89 by L.L. No. 8-1989] The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust- producing substance or use, except spraying and dusting to protect vegetation, within one hundred fifty (150) feet of any lot line: (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises, subject to the following special requirements: [1] All buildings for display and retail sales of agricultural and nursery products grown on the premises shall not exceed one thousand (1,000) square feet in floor area or one (1) story in height. Display of produce at a roadside farm stand shall be not less than ten (10) feet from all street and lot lines. Any roadside farm stand in excess of fifty (50) square feet in floor area shall be set hack twenty (20) feet from the street line. Any stand in existence at the effective date of ;~ this chapter must, within one (I) year, comply with all of the provisions hereof. [2] All signs shall conform to the provisions of § 100-31C(9). [3] Off-street parking as required in the Parking Schedu]e~ shall be provided and shall be approved by the Planning Board. Any roadside 5 Editor's Nole: See§ 100-191A for the Parking Scheduh,. 10038 ?- 25. ss 10~0 YOURS AU., PO B~ 1210 ~ SCuth~d, New York 11971 1516) ~ 765-6085 Gary J. Fish, Building Inspector Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Phillips' premises at SCTM % 1000-18-6-5 March~8, 1993. 24850 Main Road, Orient, NY Dear Mr. Fish: Pursuant to our recent telephone conversation, this letter is to confirm that I have been retained by Mark and Mary Bess Phillips to obtain a building permit for the erection of a 48' x 90' Morton building on the above-referenced premises, to be used for storage purposes. As I indicated to you, I need some additional information from Bill Kelley at Morton Buildings in order to complete the application. This information includes copies Of the plans and the exact location of the building on the premises. I have been informed that Mr. Kelley is on vacation this week, but that he will contact me upon his return. At that tim~, I will promptly complete the application and file office. please same with your Should you have any further questions in this regard, feel free to contact me. Veryf~ ANTHONY B TOHILL A~,TTHONY ]~. TOHILL, ATTORNEYS AT LAW 12 FIRST STREET P. O, 80X 1330 i~IYERHEAD, i~EW YORK 11901 TELeCOPfER: {5i6) 727.6336 March 16, 1993 Mr. Gary Fish Building Department Town of Southold 53095 Main Road Southold, NY 11971 Re: Premises of Mark and Mary Phillips - South Side of Main Road at Orient - SCTM 1000-18-6-5 Dear Gary: I have been retained by Gordon Price who is the contiguous property owner to the premises in caption, and who has reported to me that it is his understanding that an application may soon be filed with your department for the construction of a Morton-type building on the subject premises of Mark and Mary Phillips. The premises, according to my research to date, are located in the R-80 district. The premises are vacant. Vacant premises in an R-80 district may not be improved with a Morton building unless the Morton building would be utilized as a one-family dwelling, an agricultural operation (as the term "agriculture" is defined in Chapter 100), or the building is owned and operated by the town of a district. Section 100-31(B) provides for certain other principal uses in the R-80 district, but none of them would.include a storage building for the flotsam and jetsam accmuulated by a commercial fisherman and stored in an upland area. In short, under my analysis of the Code, the use proposed for these premises is not permitted. I know that the Building Department is busy with certain other distractions at the present time. There is no Need to respond to this letter on any expedited basis. I ask only that no permit be issued to Mr. Phillips or any contractor working for Mr. Phillips until such time as you and I have an opportunity to discuss this matter further. In the meantime, you have my best regards. Very truly yours, Anthony B. Tohill ABT/bb HARVEY A. ARNOFF Town Attorney MATTHEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD March 22, 1993 VIA FACSIMILE and REGULAR MAIL Anthony B. Tohill, P.C. 12 First Street P.O. Box 1330 R|verhead, New York 11901 SCOTT L. HARRIS Supervisor Town Hall,' 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Re: Premises of Mark and Mary Phillips Dear Mr. Tohill: A copy of your letter of March 16, 1993, directed to Gary Fish, has been brought to my attention. I would llke to take this opportunity to thank you for your in depth analysis of the Town Code of the Town of Southold. Such invaluable introspection will most certainly impact in some manner upon our addressing any application from now through eternity. Notwithstanding that, I am certain that the Building Department, as it has in the past, will act appropriately with each application. In the event they do not, I am certain that you will be there to 'protect the rights of the downtrodden. Thank you again for the courtesy of your "informercial". Very~~~ds, To w nc/~{'t 7 r~n e~Y .../ HAA:mls P.S. Should we have any additional questions or problems in regard to any interpretation of our Town Code, I' trust you will be as available to us as you have been in the past. Mr. Gary Fish May 7, 1993 Page Two The construction of a 90' x 48' building will result in irreparable injury to my client. Accordingly, if you do not revoke the building permit by noon on May 10, 1993, we will proceed with other formal remedies. Within those remedies we intend to introduce the following information: You specifically advised me that you would not issue the building permit as requested. Your advice was given to me on the morning of April 22, 1993. At that time you specifically advised me that you would refer the matter to the Zoning Board of Appeals ii you were requested to issue a building permit. You, J. Kevin McLaughlin and Harvey Arnoff have each observed that the issuance of this building permit may have been to some extent justified since the Zoning and Planning Committee is considering a recommendation to change the definition of agricultural to include aqua- culture. I know what the Committee is considering, but the text of the Zoning Code has not been changed. No one to whom I have spoken, including you, Mr. Arnoff, Mr. McLaughlin, or anyone else, is able to represent that the use of this building will be consistent with the above-cited provisions of the Zoning Code. Once you were advised in writing on March 16, 1993 of the intended use of the structure, you were under an obligation of inquiry to determine the use. Accepting a sworn building permit application with the particular design circumstances of this building without inquiry is not consistent with your obligations under Section 100-280(A) and (B) and Section 100-281, Zoning Code. Very truly yours, Anthony B. Tohill ABT:ls BLDG. DEPT. ,TOWN OF $OUTHOLD ~TI-ION¥ B. TOHILL, P.G. ATTORNEYS AT LAW 12 FIRST STREET P, 0 BOX 13~o i~IYE~E~D, N[~ ~o~ 11901 May 7, 1993 Mr. Gary Fish, Building Dept. Southold Town Hall Main Road Southold, New York 11971 re.: Building Permit #21375Z - Mark and Mary Bess Phillips by agent, J. Kevin McLaughlin Dear Mr. Fish: This letter is a request that you revoke the captioned building permit pursuant to your authority under Section 100- 282(A), Zoning Code, for the following reasons: Section 100-31(A)(2), Zoning Code, limits uses at the subject premises to "agricultural operations and accessory uses thereto." 2. Agricultural is defined under Section 100-13, Zoning Code. The construction of barns, storage buildings, greenhouses and other related structures under Section 100-31(A)(2)(c) is limited to structures which are "agricultural operation and accessory uses thereto." The intended use of the subject premises under Building Permit #21375Z is for the storage of non-agricultural equipment including nets and fishing gear and/or the storage of materials having no relationship to the operation of "agricultural operations and accessory uses thereto" at the subject premises which is 24850 Main Road, Orient, New York, also known as SCTM-1000-18-6-5. This statement is made to you upon information and belief. The source of said'information is J. Kevin McLaughlin and Mary Bess Phillips. This letter requests that you revoke the building permit forthwith and that you refer any further requests for authorization to build the proposed storage building at the subject premises to the Zoning Board of Appeals who can take sworn testimony and render a determination consistent with the 'requirements of the Zoning Code.' TOWN OF $01JTI-IOLD BUILDING DEPARTMENT TOWN HALl. $OUTHOLD, lq. Y. BUILDING PER.~IT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED)' N~T°, 21375Z Permission is hereby granted to: . )~,~c,,~r'--/~ct~ac ' "' ' ...4..,.. ~ ~ .............. ; .......... j ............... : ......... ..... ,~i~~i..-. ............................... ..... ~ ~.ul. J/~ / ~~-~.:-' ~ ................. ~: ..... _ ............................................... ...~..'-/:..~...~.. .......... ~.;~..~.....~.. et premises located at ~ ......... ~ .............................. Court~ Va,, Ma No ,000''g // "' ................................. ry p Section . ~ J ~. Block .............................. t No ........ .~.... ........... pursuant to application dated ........ ..~....~.. ............... , 19.~...~.., and approved by the Building Inspector. Building Inspector Rev: 6/30/80 · ~ ~'~dso' E.. · : ~AYHAt'4 F,~..~M:~ INC. ..... " / L TI TI.,6 IN3Ur4,'I44CE: CO... ' ~ ~1) I<:.,,. E,d.L.~ VAI, J. GUAI~AF,II'~'ED, TO F-OREhlOST A~ Mr. Gary Fish, Building Dept. Southold Town Hall Main Road Southold, New York 11971 Dear Mr. Fish: re.: May 7, 1993 ~~=? ........ Building Permit #21375Z - · Mark and Mary Bess Phillip~ by agent, J. Kevin McLaughlin This letter is a request that you revoke the captioned building permit pursuant to your authority under Section 100- 282(A), Zoning Code, for the following reasons: Section 100-3t(A)(2), Zoning Code, limits uses at the subject premises to "agricultural operations and accessory uses thereto." 2. Agricultural is defined under Section 100-13, Zoning Code. 3. The construction of barns, storage buildings, greenhouses and other related structures under Section 100-31(A)(2)(c) is limited to structures which are "agricultural operation and accessory uses thereto." 4. The intended use of the subject premises under Building Permit #21375Z is for the storage of non-agricultural equipment including nets and fishing gear and/or the storage of materials having no relationship to the operation of "agricultural operations and accessory uses thereto" at the subject premises which is 24850 Main Road, Orient, New York, also known as SCTM-1000-18-6-5. This statement is made to you upon information and belief. The source of said information is J. Kevin McLaughlin and Mary Bess Phillips. This letter requests that you revoke the building permit forthwith and that you refer any further requests for authorization to build the proposed storage building at the subject premises to the Zoning Board of Appeals who can take sworn testimony and render a determination consistent with the r.equirements of the Zoning Code. Mr. Gary Fish May 7, 1993 Page Two The construction of a 90' x 48' building will result in irreparable injury to my client. Accordingly, if you do not. revoke the building'permit by noon on May 10, 1993, we will proceed with other formal remedies. Within those remedies we intend to introduce the following information: ae You specifically advised me that you would not issue the building permit as requested. Your advice was given to me on the morning of April 22, 1993. At that time you specifically advised me that you would refer the matter to the Zoning Board of Appeals if you were requested to issue a building permit. You, J. Kevin McLaughlin and Harvey Arnoff have each observed that the issuance of this building permit may have been to some extent justified since the Zoning and Planning Committee is considering a recommendation to change the definition of agricultural to include aqua- culture. I know what the Committee is considering, but the text of the Zoning Code has not been changed. No one to whom I have spoken, including you, Mr. Arnoff, Mr. McLaughlin, or anyone else, is able to represent that the use of this building will be consistent with the above-cited provisions of the Zoning Code. Once you were advised in writing on March 16, 1993 of the intended use of the structure, you were under an obligation of inquiry to determine the use. Accepting a sworn building permit application with the particular design circumstances of this building without inquiry is not consistent with your obligations under Section 100-280(A) and (B) and Section 100-281, Zoning Code. Very truly yours, Anthony B. Tohill ABT:ls AT' /P 35& 216 740 '.~ Receipt for CertRied Mai/ ! ~ NO Insurance Coverage Provide ~;~.~[~ Do not use for tnternati .p ~5& 216 741 Receipt for ~ ,. Certified Mail NO tnsutance Coverage Provide? ~ Do not use for international Mad p 358 216 743 Receipt for Certified'4~ No insurance Cove?age provided p' 358 216 742 Receipt for Certified Mail No Insurance Coverage ~rovided Do not use for International Mail (See Reverse) P 358 216 744 Receipt for Certified Mail NO Insurance Coverage Provided Do not use for International Mail ISee Reverse) P 358 216 739 ~Receipt for ~ Certified IViail\ NO insurance Coverage Provide~i Do not use for international rvlail (See Reversel , being duly , deposes and ~-ays~ that on the J~l~ day of .. J~A ~r~J , 19 ~.,~ , deponent mailed a true copy of the Notice set forth on the re- verse side here6f, 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 thc current assessment roll of thc Town of $ou~hold; that said Notic~ were mailed at the United 5tatc~ Post Of- . ea, N-Y, 119 T/ ;,ha, (ccr[ f cd) (reRi~tcredI mail. Sworn to before me this. ./~ day_ of~..~jl~9,,,/'~, d'Cc~! ~ Notary Public HELENE D. HORNE Notary Public, .State of New York No. 4951364 Qualified in Su[folk County C~ Commission Expires May 22, 19 were maile~ toof said persons by (This side does not have to property owners.) be completed on form transmitted .to adjoining BOARD OF APPEALS, TOWN OF' SOUTHOi_D In thc Ma~ter ot the Petition of GORDON PRICE to the Board of A_pjpeals of the Town nf Sou~hold TO: NOTICE TO ADJACE[1T PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: ~ I. Thai il is the intention of the undersigned to petition the Board of Appeals of ~he Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] Review of issuance of ht]~l~in? po~'mi~ -~ ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: SCTM 1000-18-6-5 3. Thai the property which is the subject of such Petition is located in the following zoning district: R-80 4 Thal b~ such Pelili()n, the undersigned will request [he following relief: Reversal of decision to issue buildinq permit. · $. Thai the provisions of ~he SOuthold Town Zoning Code applicable to the relief sought by the under- signedare Article Section 100-31(A) (2) (c) .... [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. Thai wilhin five days from the dale hereof, a written Petition requesting the relief specified above will be filed in lhe Soulhold Town Clerk's Office at Main Road Southold, New York and you ma)~ then and there examine lhe 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 lhe dale of such hearing in the Suffolk Times and in the Long Island Traveler. Maltituck Watchman, n~wspapers 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:' May '11' 1993 ' '· · Petition,,r GORDON PRI (~,~ - Owneri'Names: . ~ Post Office Address ~ · B~r 3l O Orient, New York Tel. No. (516) 323-395'0 [COpy of sketch purposes.] or plan showing proposal to be o attached for COnvenience VICTOR LESSARD PRINCn~AL BUILDING INSPECTOR ($16) 76~-1802 FAX (516) 765-1823 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD October 13, 1989 ..... J. Kevin McLaughlin Attorney At Law 828 Front Street P.O. Box 803 Greenport, NY 11944 Re: Mark S. Phillips S.C.T.M #1000- 18- 06- 05 Dear Mr. McLaughlin: In response to your letter of October 12, 1989, your client's.request for an additional three weeks to remove the remaining items is within reason and is granted. The date for compliance is now November 2, 1989. Very truly yours, Southold Town Building Dept.. Vincent R. Wieczorek Ordinance Inspector (Cert.) ATTORNEY AT LAW~ 828 FRONT STREET. P. O. BOX 803 GREENPORT, NY 11944 1516) 47%1016 October 12, ~TOW. 1989 Office of Building Inspector Town of Southold Town Hall, 53095 Main Road PO Box 1179 $outhold, NY 11971 Attn: Vincent R. Wieczorek, Ordinance Inspector Re: Mark S. Phillips Tax Map No. 1000-18-06-05 Dear Mr. Wi~czorek: Phillips, property. I have been advised by my clients, Mr. and Mrs. Mark that they have removed many of the items from the JKM/lmt cc: Mark S. Phillips In order to accomplish the removal of the remaining items, my clients will need another three weeks, more or less. I believe my clients are acting in good faith to resolve this problem and I would ask your cooperation in allowing them this additional time to comply. V~ry truly ~/qu ,~/~/1 · J ._-K~vin McLaug,t~I · VICTOR LESSARD PRINCIPAL BUILDING INSPECTOR (,516) 765-1802 FAX ($ 16) 765-1823 'I'ow~ H~II, 521095 M~i~ Ro.d P.O. Box 1179 Southold, New York 11971 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD September 13, 1989 J. Kevin McLaughlin, Atty. 828 Front St., P.O. Box 803 Greenport, N.Y. 11944 Re: Mr. & Mrs. Mark S. Phillip~ Property at 24850 Main Road, Orient, Suffolk County Tax #1000-18-06-05 NeY, Dear Mr. Mc Laughlin: In your letter of May 22, 1989 you stated that your clients, Mr. & Mrs. Phillips would comply with my request to remove the equipment stored on the above lot. They were also going to ob- tain a permit for the truck body or remove it. I received a call today from Mr. Gor~on Price who stated that the equipment has not been removed as promised. In addit- ion a building permit for.the truck body has not been applied , ,for.-t, Since Mr. Price has a valid complaint and the Phillip's have not complied in a friendly manner, I have no other option - than to allow 30 days until October 12, 1989 to have the property cleared. If compliance has not been reached at that time a court ap- pearance ticket will be issued which can result in a fine of $1000.00 or 15 days in jail. Thank you for your cooperation in resolving this matter. VRW:hkd cc: Gordon Price ,, Very truly yours, South. Tn. Bld. Dept Vincent R. Wieczor~k Ordinance Inspector VICTOR LESSARD PRINCIPAL BUILDING INSPECTOR (516) 765-1802 FAX (516) 765-1823 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD May 24, 1989 J. Kevin McLaughlin, Atty 828 Front Street P.O. Box 803 Greenport, New York 11944 Re: M&M Mark S. Phillips Suff. Co. T.M. 1000 -18-06-05 Dear Mr. McLaughlin: As per your request, enclosed please find building permit application. Kindly have your clients submit application along with drawings of said accessory, and a survey of the property to this office. Very truly yours, SOUTHOLD TOWN BUILDING DEPT. Vincent R. Wieczorek, Ordinance Inspector VRW:gar encl. ATTORNEY ~ 828 FRONT STREET, P, O, BOX 803 GREENPORT, NY 11944 ,.. ~ ,-:., L.5'U ',.'J I~11 BLDG. [)~PT. ' TO%",'N OF $OtJTHOLD May 22, 1989 Office of Building Inspector Town of Southold Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Attn: Vincent R. Wieczorek Ordinance Inspector Re: Mr. and Mrs. Mark S. Phillips .SCTM #1000-18-06-05 24850 Main Road, Orient, NY Dear Mr. Wieczorek: My clients, too, are interested in resolving this matter in a friendly manner. The machinery that is presently on the property has not been discarded and, in fact, is being removed for use and/or sale. The remaining items will be removed as soon as possible., As to the truck body, please forward to me an application to obtain a permit to use same as an accessory storage building. Should there be any questions in this regard, please feel free to contact me. Very tru~.~.,.your~',,,~ ', / ,,, / /// ,,~/Kevl~ M6La~gbfi~'1 JKM/lmt VICTOR LESSARD PRINCIPAL BUILDING INSPECTOR ($ 16) 765-1802 FAX (516) 765-1823 Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD May 9, J. Kevin Mc Laughlin Attorney at Law 828 Front St., P.O~ Box 803 Gre~nport, N.Y. 11944 Re: Mr. & Mrs. Mark S. Phillips SCTM #1000-18-06-05 24850 Main Road, Orient, N.Y. Dear Mr. Mc Laughlin: In response to your letter of April 28, ]989 as I stated in my original letter to Mr. & Mrs. Phillips because of the nature of the complaint we would like to see the area cleaned up in a friendly manner. The truck body is an accessory storage building for which a permit is needed, the diesel engine, booms and other miscellaneous items are unused which Mr. Price claims are an eyesore that detracts from his property val~e. The zoning for this property is R-80 which does not allow commercial storage of other than agricultur- al equipment. I have enclosed copies of the sections of the Code of the Town of Southold which apply to this case. I am sure a solution to this problem can be arrived at without resorting to legal action. Enc: Ch48-I Refuse definitions Ch48-2A, 100-236,100-237A Very truly yours, SOUTH. TOWN BLDG. DEPT. Vincent R. Wieczorek Ordinance Inspector A~FORNEY AT LAW~ 929 FRONT STREET. P. O. BOX 803 GREENPORT. NY 11944 (516) 477.1016 April 28, 1989 Office of the Building Inspector $outhold Town Hall PO Box 1179 Southold, New York 11971 Attention: vincent R. Wieczorek, Ordinance Inspector. Re: Mr. and Mrs. Mark S. Phillips SCTM #1000-18-06-05 24850 Main Road, Orient, NY Dear Mr. Wieczorek: Please be advised that I represent Mr. and Mrs. Mark Phillips and am responding to your letter to them dated April 26, 1989. Please be further advised that there is not refuse on the subject premises. In fact, what is being stored on the premises is fishing equipment and gear for Mr. Phillips fishing' business. As a result, I do not believe that any violation of Chapter 48-2A of the COde of the Town of Southold has occurred. Very tr ~ cc: Mr. and Mrs. Mark Phillips NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on TUES- DAY, JUNE 22, 1993 com- mencing at the times specified below: 1.7:30 p.m. Appl. No. 4172 - JANET A. FERGUSON. Request for Variance to thel. Zoning Ordinance, Article ~' Section 100-101 (Bulk Schedule) for permission to construct single-family residence (in lieu of construc- ting business building .with reduced setback and side yards as noted in Appeal No. 1705 issued March 8, 1973). This parcel consists of 34,550_+sq. ft. Property: Westerly side of Central Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-066-008-006. 2 & 3.7:35 p.m. THOMAS W. BUCKNER. Property Location: Private Road off East End Road, Fishers/ Island, NY; County Tax Map Parcel No. 1000-010-05-2.2. (a) Appl. No. 4152 - Reque?½'t'~ for a variance under Article XXIII, Section 100-239.4(C) to permit addition to dwelling with an insufficient setback from freshwater wetlands; (b) Appl. No. 4171 - Request for a variance under Article II1, Section 100-32, Bulk Schedule, for permission to construct westerly addition to dwelling with an insufficient side yard setback in this R-120 zone district. 4. 7:40 p.m. Appl. No. 4168 THOMAS AND KATHLEEN MA~IAMELE. Request for variance under Article ILIA, Section 100-30A.4 (100-33) for. permission to locate accessor~u garage in the front yard area. This parcel technically has two front yards. Location of Pro- perry: 3180 Duck Pond Road, Cutchogue, NY; County Tax Map Parcel No. 1000-83-2-19.7. 5.7:45 p.m. Appl. No. 4173 - CROSS STITCH CAT LTD. and ALLBOBRICK REALTY CORP. Request for approval! of square footage/dimensions of second ground sign, as pro- posed. Location of Property: 13400 Main Road, Mattituck, NY. Subject premises is zoned Hamlet-Business and is iden- tified as Suffolk County Tax Map Parcel No. 1000-t14-11-9.3. 6. 7:50 p.m. Appl. No. 4170 - THEODORE AND MARIA PETIKAS (as contract vendees). (Owners: John Phillipedes, and others). Re- quest for Variance to the Zon- ing Ordinance, Article XXIII, Section 100-239.4A, and Arti- cle XXIV, Section 100-244B, for permission to locate new dwelling structure with an in- sufficient setback from the bank along the Long Island Sound and si&yards at less I than the required 25 feet. This application is a new location different from that considered and alternatively granted un- der Appeal No. 4078 rendered · April 22, 1993. Location of~° Property: North Side of Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-135-I-27. This parce is nonconforming as to total lot area at 11,000+_ sq. ft. 7.7:55 p.m. Appl. No. 4174 - HENRIETTA AND AR- THUR MORMILE. Request! for Variance to the Zoning Or- dinance, Article IliA, Sect on 100-30A.3 for approval nonconforming lot area of l two parcels in the pending ap- plication for re-division of land. Location of Property: 270 Private Road, #6, Laurel, NY; County Tax Map Parcel No. 1000-128-4-9, 15 and 16. Total area combined is approx.>$ imately 23,000 square feet. 8.8:00 p.m. Appl. No. 4176 - JOHN AND CONSTANCE . CRONIN. Request for Variance to the l~ag Or-[ dinance, Article IliA, Section 100-30A.3 for approva of deck with insufficient rear and side yards and in excess of lot coverage limitation. Location of Property: 1055 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-37-3-7. 9. 8:05 p.m. VARUJAN: ARSLANYAN. Request for Variance to the dinance, Article tion 100-239.4 as May 20, 1993 for to construct open deck-spa ad- dition with an insufficient set- back from the bank along the Long Island Sound. The lot area and width of this parcel are nonconforming and are1 located in the R-40 Residential Zone District· Location of[ Property: 54455 County Road 48, Greenport (near Southold); County Tax Map Parcel No 1000-52-1-8; also referred to as Combined Lot #1 & 2 on the Land Map Young & Goodale. 10. 8:10 p.m. PATRICIA ST1EFER. This is an Appeal of the June 2, 1993 Notice o~f Disapproval issued by the Building Inspector for action/ by the Board of Appeals under the definition of "fami- ly'' at Section 100-13 for a determination that premises may or may not be occupied by up to eleven (11) persons unrelated by blood, marriage or adoption. Location of Pro- perty: 6760 Sound Avenue, : Mattituck, NY; County Tax Map Parcel No. 1000-121-4-8.1; also referred to as Lots #1 and #2 of the Minor Subdivision of Sundown F)rms. Subject premises contains fl total area of 13·3658 acres. 11.8:20 p.m. Appl. No. 4169 - Application by GORDON PRICE seeking a Reversal of Building Permit #21375Z. j issued by the Building Inspec- tor on April 29, 1993 to Mark and Mary. Bess Phillips, owners, on the grounds that applicant misrepresented that the proposed use is an agricultural building, Article Ill, SectiOn 100-31A(2) of the Zoning Ordinance· Location of Property: 24850 Main Road (S.R. 25), Orient, NY; Coun~ ty Tax Map Parcel No. 1000-018-06-005. Subject premises consists of 10.5+- acres and is located in the R-80 Zone District. The Board of Appeals will at said time and place hear any and all persons or represen- tatives desiring to be heard m the above matters. Written comments may also be sub- mitted prior to the conclusion of the subject hearing. Each hearing will not start the times designated above. If you wish to review the files or need to request more informa- tion, please call 765-1809 or visit our office. Dated: June 8, 1~93. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN by Linda Kowalski IX-6/10/93(49) COUNTY OF SUFFOLK STATEOF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of. THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed ~s a printed copy, has been published 'in said Long Island TraYeler. Watchman once each week for...~ ...... ' ....... ~,-..../I.-... weeks successively, commencin§ on tile ........ ,/d ~ Sworn lo before me ;his .......... Z~ ....... day of PUB~IC HEARI~G~:~ ; NOTICE. IS HEREBY GIVE'q, pursuant to, Section, 267 Of the TowB Law and the5 SoutEo~d, ~t the bllo~ing public 6e~in~ will b~ he the SOUTHOLD BOARD OF' APPEAL~ ~at. the Southo!d Tow~ Halt, 53095 Main Road, Southold,. N~ York 11971, on TUES- Nolary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, Sl~te of I%w York No. 4806-346 Qt.,alilied in Suffolk County Commission Expires M~NGIAMELE: Request for! variance under'Article lliA,]' Section 100-30A.4 (100-33) for ~. permission to locate accessor~u garag~ in the front yard area ~ This parcel technically has twoi front yards. Location of Pro-~ perry: 3180 Duck Pond Road~i Cutchogue,. Ny; County:] Tax;; Map', ParceL~,~ No;] ~5~ 7:45 p.m. Appl. NO. 4173 - CROSS STITCH CAT LTD. and ALLBOBRI(~K REALTY CORP. Request for approval of Square footage/dimensions ~ of second ground sign, as pro~ posed. Location of Property: 13400 Main Road, Mattituck,i NY. Subject premises is zoned" Hamlet-Business and is idem varianc& to ihe Zoning Or- dinance, A/ficle IIIA, Section 100-30A.3 for approval of deck with insufficient rear and side'yards and in excess of lot~ coverage limitation. Location of Property: 1055 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 9; 8:0~' P.m~.'' VARUJAN ARSLANYAN Request for VarianCe to the Zoning dinance, Artiqle XXIII, Sec-. tion 100-239.4 as amended~ May 20, 1993 for permissiov/' tO con~{ruct open deck-spa ad- dition with an insufficient set~ back from the hank along the' Long Island Sound. The 1o~ area and width Of this parcel., are nonconforming and are located inthe R-40 Residentml tiffed as Suffolk County 0 Map Parce! No. Zone Districta~l~ocation ,of~ -114-11-9.3. , ~ ~ Property: 544~ounty Road 6. 7:50 p.m. Appl. _N.o:4..1.. 4~8, :. ,9,r. ee,~n~.p.o~[,t, ,r,,,,(~ae~a~r 1000.0i 8¢~i36~005. ~ Subj:e~t p~emises Consists of 10.5Y- acres and is located inthe R-80 ' Zone Distriet,~ :'~ ~. ~75 '~'[! The Board of Appealg Will:. at said time and place h~r and all persons or represen-"~ tatives desiring to be heard the above matters. Written' comments may also be sub::' mitred prior to the conclusion of the Subject hearing. Each';' hearing will not start the times ~e~ig~t~d fib~v~ you wish to r~ ~ the files or~ need to r~uest mo~ informa-' tion, please call 765-18~ or visit our offi~:,~,~:,:~t~ Dated: June 8, . ,~..BY ORDER OF THE ,~; SOUTHOLD ~W~ :* ' BOARD OF APPEALS GERARD P. GOEHR1NGER ,~, . CHAIRMAN by Linda Kowalski 1X-6/10/93(49) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairnmn Serge Doyen, Jr. James Dinizio, Jr. Rober~ A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 993 TO W/qOM IT MAY CONCERN: Enclosed with this letter is a copy of the Legal Notice, as published in the Town's official newspaper (Long Island Traveler-Watchman~ Inc. located in Southold, NY). The Legal Notice outlines a generalized description of the relief or use requested in your application, the location of the property, and the time, date and place of the public hearing. Please have someone appear in your behalf at ~he time specified in the event there are questions (and to prevent a delay in finalizing your application).. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. If your presentation is length~, a draft or final written'copy is always appreciated. In the event you wish to amend your application to include other relief and other sections of the Code to be considered, you must file separate application forms, obtain a new Notice of Disapproval from the Building Inspector, and amended filing fee. You may request a postponement of the application if the new amendments affect the initial application. Please feel free to call our office if you have any questions or wish to update your file prior to the hearing date. Yours very truly, Linda Kowalski Enclosure APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and th~ Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on TUESDAY, JUNE 22, 1993 commencing at the times specified below: 1. 7:30 p.m.. Appl. No. 4172 - JANE~A. FERGUSON. Request for Variance to the Zoning Ordinance, Article X, Section 100-101 (Bulk Schedule) for permission to construct single-family residence (in lieu of constructing business building with reduced setback and side yards as noted in Appeal No. 1705 issued March 8, 1973). This parcel consists of 34,550+- sq. ft. and is located in the "B" Business Zone District. Location of Property: Westerly side of Central Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-006-008-006. 2 & 3. 7:35 p.m. THOMAS W. BUCKNER. Property Location: Private Road off East End Road, Fishers Island, NY; County Tax Map Parcel No. 1000-010-05-2.2. Page 2 - Notice of rings Southold Town Board of Appeals Regular Meeting of June 22, 1993 (a) Appl. No. 4152 - Request for a variance under Article XXIII, Section 100-239.4(C) to permit addition to dwelling with an insufficient setback from freshwater wetlands; (b) Appl. No. 4171 - Request for a variance under Article II~, Section 100-32, Bulk Schedule, for permission to construct westerly addition to dwelling with an insufficient side yard setback in this R-120 zone district. 4. 7:40 p.m. Appl. No. 4168 - THOMAS AND KATHLEEN MANGIAMELE. Request for variance under Article IIIA, Section 100-30A.4 (100-33) for permission to locate accessory garage in the front yard area. This parcel technically has two front yards. Location of Property: 3180 Duck Pond Road, Cutchogue, NY; County Tax Map Parcel No. 1000-83-2-19.7. 5. 7:45 p.m.. Appl. No. 4173 - CROSS STITCH CAT LTD. and ALLBOBRICK REALTY CORP. Request for approval of square footage/dimensions of second ground sign, as proposed. Location of Property: 13400 Main Road, Mattituck, NY. Subject premises is zoned Hamlet-Business and is identified as Suffolk County Tax Map Parcel No. 1000-114-11-9.3. Page 3 - Notice of arings Southold Town Board of Appeals Regular Meeting of June 22, 1993 6. 7:50 p.m. Appl. No. 4170 - THEODORE AND MARIA PETIKAS (as contract vendees). (Owners: John Phillipedes, and others). Request for Variance to the~zoning Ordinance, Article ~fIII, Section 100-239.4A, and Article XXIV, Section 100-244B, for permission to locate new dwelling structure with an insufficient setback f~om the bank along the Long Island Sound and sideyards at less than the required 25 feet. This application is a new location different from that considered and alternatively granted under Appeal No. 4078 rendered April 22, 1993. Location of Property: North Side of Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-135-1-27. This parcel is nonconforming as to total lot area at 11,000+- sq. ft. 7. 7:55 p.m. Appl. No. 4174 - HENRIETTA AND ARTHUR MORMILE. Request for Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of nonconforming lot area of two parcels in the pending application for re-division of land. Location of Property: 270 Private Road #6, Laurel, NY; County Tax Map Parcel No. 1000-128-4-9, 15 and 16. Total area combined is approximately 23,000 square feet. 8. 8:00 p.m. Appl. No. 4176 - JOHN AND CONSTANCE CRONIN. Request for Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of deck with insufficient rear and side yards and in excess of lot coverage limitation. Page 4 - Notice o arings Southold Town Board of Appeals Regular Meeting of June 22, 1993 Location of Property: 1055 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-37-3-7. 9. 8:05 p.m. VARUJAN ARSLANYAN. Request for Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 as amended May 20, 1993 for permission to construct open deck-spa addition with an insufficient setback from the bank along the Long Island Sound. The lot area and width of this parcel are nonconforming and are located in the R-40 Residential Zone District. Location of Property: 54455 County Road 48, Greenport (near Southold); County Tax Ma~ Parcel No. 1000-52-1-8; also referred to as Combined Lot %1 & 2 on the Land Map of Young & Goodale. 10. 8:10 p.m. PATRICIA STIEFER. This is an Appeal of the June 2, 1993 Notice of Disapproval issued by the Building Inspector for action by the Board of Appeals under the defintion of "family" at Section 100-13 for a determination that premises may or may not be occupied by up to eleven (11) persons unrelated by blood, marriage or adoption. Location of Property: 6760 Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-121-4-8.1; also referred to as Lots %1 and %2 of the Minor Subdivision of Sundown Farms. Subject premises contains a total area of 13.3658 acres. Page 5 - Notice of rings Southold Town Board of Appeals Regular Meeting of June 22, 1993 11. 8:20 p.m. Appl. No. 4169 - Application by GORDON PRICE seeking a Reversal of Building Permit #21375Z issued by the Building Inspector on April!29, 1993 to Mark and Mary Bess Phillips, owners, on the grounds that applicant misrepresented that the proposed use is an agricultural building, Article III, Section 100-31A(2) of the Zoning Ordinance. Location of Property: 24850 Main Road (S.R. 25), Orient, NY; County Tax Map Parcel No. 1000-018-06-005. Subject Premises consists of 10.5+- acres and is located in the R-80 Zone District. The Board of Appeals will at said time and place hear any 'and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please call 765-1809 or visit our office. Dated: June 8, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x Copies of the Legal Notice for 6/22 Hearings to: Hand Delivery to L.I. Traveler-Watchman Office on 6/8 for publication Fax Transmission to Times-Review (courtesy copy) Copies mailed to the following 6/8/93: Stephen L. Ham III, Esq. (Re: Ferguson and Buckner) Matthews & Ham 45 Hampton Road Southampton, NY 11968 Mr. and Mrs. Thomas Mangiamele · 3180 Duck Pond Road · Cutchogue, NY 11935 Mr. and Mrs.'Stephen O'Connor Cross Stitch Cat Ltd. P.O. Box 118 Mattituck, NY 11952-0118 Mr. Roy L. Haje, President En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 (T. Petikas) Rudolph H. Bruer, Esq. (Re: H. Mormile) Main Road - Box 1466 (Re: P. Stiefer) Southold, NY 11971-1466 Philip J. Cardinale, Esq. Jamesport Center Main Road - Box 2021 Jamesport, NY 11947-2021 (Re: J. Cronin) Mr. Merlon Wiggin, P.E. Peconic Associates, Inc. One Bootleg Alley Greenport, NY 11944-0672 (Continued on next page) 6/22/93 Hearings - Mailing List: (Continued from previous page) Mr. and Mrs. Varujan Arslanyan 1055 River Road Apt. PH 11 South Building Edgewater, NJ 07020 Anthony B. Tohill, P.C. 12 First Street Box 1330 Riverhead, NY 11901-1330 (Re: Price) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 TO: FROM: DATED: RE: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk May 19, 1993 Zoning Appeal No. 4169 - Gordon H. Price Transmitted herewith is Zoning Appeal No. 4169 of Gordon H. Price for a review of building permit. Also included is a copy of Building Permit No. 21375Z; copy of survey of property; copy of Application for Builidng Permit; copy of letter from Anthony B. Tohill to Gary Fish, dated May 7, 1993; Short Environmental Assessment Form; ZBA Questionnaire; survey of property owned by Gordon Price; Notice to Adjacent Property Owners; Affidavit of Service; and copy of deed of Gordon Price property. Judith T. Terry Southold Town Clerk TOWN OF sOuTHOLD BUILDING DEPARTMEHT TOWN HALL SOUTHOLD~ H. V. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE'PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED)' N~T°. 21375Z Permission is hereby granted to: . )~C~OL~LC~. . - ";'~' .......... ;~'"T,~? ......................... ..... .--~..s._......~ ................................... ..... ~.....~..:~..;../..;..%~..~ .... [o at premises located at ...~..~.~..,~'~.. ........ .~.g~...j~ ............. ,(~).~ .............................. County Tax Map No. I000 Section ..... .O.~1.~. ......... Block ....... .(~..~q ...... Lot No....~.....~... ........... ...... .~~......9~.....:~. ................ 19.~.~,, and approved by the pursuant to application dated Building Inspector. Fee $ ...................... Building Insi~ector R~ 6/30/80 INC. eL., 19.0 KL 37 40 20. W. MA1714 ~ .,~ FIFTH GUAWAMT£r:D TO IrOP. EI-IOST A-2 FORM NO. 1 TOWN OF SOUTHOLD ' m ~U I LDING DEPARTMENT TOWN HALL SOUTHOLD, N'Y' 11971 · TEL': 765'1B03 (Building luspecror) APPLICATION FOR BUILDING PERMIT [J0,1KU OF IIEALTII .... . .... SETS OF PL,I,,NS ........ SURV£Y ................. CI1ECK ......... t - .. ...... SIrI'T I C I:'O Rtl ............ CALL HAIL TO: INSTRUCTIONS a. This apblication must be completely filled in by typewrite~Or in ink and submitted to the Building Inspector, with 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 sti-eet or ar~as, 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 thc applicant. Such permi shall be kept on the premises available for inspection throughout the work. c. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupanm shall have been granted by thc Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for thc issuance of .~ Building Permit pursuant to thL Building Zone Ordinance of the Town of Southold, .Suffolk County, New York, and othar Ordinances apglicablc Laws, Regulations, for the construction of buildings, additions or alterations:, or foi~rcFro~va, J.l or de~tion, as herein described Thc applicant agrees to comply with all applicable laws, ordinances, b~u}ld~.m,..~//c-~'de~[fio s'~,~and regulations, and tc admitauthorizedinspectorsonprcmisesandinbuildingforn¢~s ect....~. ~_,~ ~.._ lO. to i (Mailing address of applicant) J State whether applicant is owner, lessee, agent, architect, engineer,. §encral 'contractor, electrician, plumbar or builder. N.~n, eofownerofpremises..~..r.~..c~.~..~-.~'.'~...~..~.~...~..~...!.~.~. ........ : .......... ' ........... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer.' (N ) '' .... amc and title of corporate officer Builder's License No ' ' Plumber s Lmense No ................ Electrician's License No ........... . ............ Other Trade's License No... .................... Location of land on which proposed work will be ·done ............... : .c>.. ,,,&- .......... · . House Number Street Hamlet Cotmty Tax Map No I000 Section jt.~. ' ' .~.. · . Block ' Lot Subdivision ' Filed Map No Lot (Name) Stat~ cxistiRg USC and occupancy of premises and intended usc and occupancy of proposed constructioni a. Existing usc and occupancy . ..;,~.9...I~.'~,__ ......... ' ........ i ' ' "~'" 3. Nature of work (check which applicable): New Building ....... Additiml .......... Alteration. ' ' Repair .............. Remo~i~ .............. Demolition ..... [ ...... Other Work ....... ' .... : ~ '~::~5 C~: ' ~'~ C)C~ (Descfil~tion) 4 Estimated Cost ~3~E~.. ' ' ' (to be paid on · ~ , Y 7/~ ............ . ~umoer Ol0we ling units on eacll lloor ......... · ugaragc numberofcars . ~'r'. t.'-Y .' ' ' .... lfU-~: ............ ' ' ' '. ............................... 6. vu~Ln~, commercial or m~xeu occupancy) specify nature and extent of.each type of use .~0x 7. Dimensions of existing structures, if any: Front. ..... ',.~, . g,,.,~ . . . "n,,,~,'~' "~ ' ' ' Height .............. Number of Stories ....................................................... Dimensions of shme structure with alterations or additions: Front ................. Rear ................. Depth .... : .................. Height . , .' ...... ;. ~ Number of Stories ......... .~ - ........ 8. Dimensions of entire new construction: Front .... .~ ~ ..... ii Rear....~..O. ........ Depth ...~ .~.~ ...... ' Height ~[~.-.%1~ .~..~!&...... Number of Stories ..... .fi:-.. ...... i...' .................. '.. ............... 9. ' ' o%~5~ ~ ~') -~~ ' , ' S~zeoflot. Front ........... - ........... Rear ..... Depth ..)!,~,.~..,i.,.': ....... 10. Date of Purchase .................... . ......... /'~a~gfFormerO~vn~ 11. Zone or use district in which premises are situated .... .P,.: .~ .Q .... ' .............. ! .... !~i ...... 12. Does proposed construction violate any zoning law, ordina~ce or regulation: ...i~.~iiiiiiiiiii 13. Will lot be regraded ....... '. ............. ~',' .....Will excess fill be relEoved from premises: Yes No 14. Name of Owner of premises .n~. ~?. 4. .0'5. ..,,L .~?.a..p..s,:[lC~Address ?.5..~.~,~. ?,...'.~...~?. Phone No ............ ~... Name of Architect ......................... ... Address . :~. ~.~ ,-,... ff .,~a.~e. · · Phone No ............ Name of Contractm . .~...~'-~-...'~-.':'.-.?_~..;k~. ~ .... A o. ~ ~ - - · I.s this property within 300 feet 6f a t±dal wetland? ~Yes..'~. ..... Ilo ....... · 'If yes, Southold Town Trustees Permit may be 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 corner lot. 15. STATE OF NE~ YORK, - - COUNty OF .~o..C.~.. ...... s.s . 4...[~. _~., e,-- {~-~L~ . .,..X~-~..~. ',~ being duly sworn, deposes ~d says fllat he is the applicant ......... o'- .......... above named. (c ffi ) .................... · ontractor, agent, corporate., o cer, ~tc. ~f said owner or owners, ~d is duly authorized to perfo~ or have perfo~ed th~ said work and to m~e arid file this application; that all statements contained ~ this application ar~ true to the best of his ~owledge and bdief; and that the ~vork w~l be performed in the m~n~r set forth in the application filed therewith. ~worn to before me this · · . · , ........ ~.. ........... d~ ..... , .......... , 19~ I A ~. ..... ..... . ~ / t[o~a~7?~v~ / ~ ..... ~'" ;;;J~L':; -'~"': ~ ), re ol appucant) . Term ~ires Se~r 22, I~ ' ~ . ' ANTHONY B TOHILL Mr. Gary Fish, Southold Town Hall Main Road Southold, New York Dear Mr. Fish: x~I~THONY B. TOHILL. ATTORNEYS AT LAW 12 FIRST STREET P. O. BOX ~330 2I¥~R~EAD,~EW YORK 11901 May Building Dept. 11971 re.: 1993 Building Permit Mark and Mary Bess Phillips by agent, J. Kevin McLaughlin This letter is a request that you revoke the captioned building permit pursuant to your authority under Section 100- 282(A), Zoning Code, for the following reasons: Section 100-31(A)(2), Zoning Code, limits uses at the subject premises to "agricultural operations and accessory uses thereto. 2. Agricultural is defined under Section 100-13, Zoning Code. The construction of barns, storage buildings, greenhouses and other related structures under Section 100-31(A)(2)(c) is limited to structures which are "agricultural operation and accessory uses thereto." The intended use of the subject premises under Building Permit #21375Z is for the storage of non-agricultural equipment including nets and fishing gear and/or the storage of materials having no relationship to the operation of "agricultural operations and accessory uses thereto" at the subject premises which is 24850 Main Road, Orient, New York, also known as SCTM-1000-18-6-5. This statement is made to you upon information and belief. The source of said information is J. Kevin McLaughlin and Mary Bess Phillips. This letter requests that you revoke the building permit forthwith and that you refer any further requests for authorization to build the proposed storage building at the subject premises to the Zoning Board of Appeals who can take sworn testimony and render a determination consistent with the requirements of the Zoning Code. Mr. Gary Fish May 7, 1993 Page Two The construction of a 90' x 48' building will result in irreparable injury to my client. Accordingly, if you do not revoke the building permit by noon on May 10, 1993, we will proceed with other formal remedies. Within those remedies we intend to introduce the following information: You specifically advised me that you would not issue the building permit as requested. Your advice was given to me on the morning of April 22, 1993. At that time you specifically advised me that you would refer the matter to the zoning Board of Appeals if you were requested to issue a building permit. You, J. Kevin McLaughlin and Harvey Arnoff have each observed that the issuance of this building permit may have been to some extent justified since the Zoning and Planning Committee is considering a recommendation to change the definition of agricultural to include aqua- culture. I know what the Committee is considering, but the text of the Zoning Code has not been changed. No one to whom I have spoken, including you, Mr. Arnoff, Mr. McLaughlin, or anyone else, is able to represent that the use of this building will be consistent with the above-cited provisions of the Zoning Code. Once you were advised in writing on March 16, 1993 of the intended use of the structure, you were under an obligation of inquiry to determine the use. Accepting a sworn building permit application with the particular design circumstances of this building without inquiry is not consistent with your obligations under Section 100-280(A) and (B) and Section 100-281, Zoning Code. Very truly yours, Anthony B. Tohill ABT:ls 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART I--PROJECT INFORMATION (To be comoleted by Aol~licant or Project soonsor) 1o APP[.ICANT/SPONSOR I 2. PROJi~CT NAME~ GORDON PRICE Review o~ issuance of building pe~ 3. PROJECT I.DCATIDN: Mum¢iDa.~ 24850 Main Road. Orient c0u.,. Suffolk SCTM 1000-18-6-5 Review of decision of building inspector r'~'Re$i¢l'ntl,' [] ,n~ust,,at [] Comme,ctal r~ Agr,cu,tur. [] ParlVForesuOp.'n soac. [] Other If th, :ERTIFY THAT THE INFORMATION PROVIDED AaOVE IS TRUE TO THE BE$? OF MY KNOWLEDGE action is in the Coastal Area, and you are a state agency, complete tJ~e Coastal Assessment Form before procoedincj with this assessment OVER 1 'iContinued on reverse side) o~,,: 5/11/93__ 'mit period or~ 1~. I$ there ~ub project?( ReDre~eeting: Got The N.Y.S. Environmental Quality Review Act requires submission Of this form, and an environmental revlew will be ma~e by this Doa£d before any action is taken. project and the likely impacts of the action. It is not expected that (b] If any question has been a~swered Yes the project may be $ig- (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change than 10 acres Of land? .X' Yes ~___NO 2. Will there be a major change to any unique or un~ual land form on the site? 3. Will project alter or have a large effect on 4. Will project have a potentially large impact on groundwater quality? ~Yes ~ No 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered" 7. Will project result in a major adverse effect on air quality? ___Yes 8. Will project have a major effect on visual char- known to be important to the community? X~es No 9. Will project adversely impact any site or struct~ 10. Will project have a m~jor effect on existing or 11. Will project result in major traffic problems or 12. Will project regularly cause objectionable odors, 13. Will project have any impact on public health ..__Yes x No Will project affect the existing community by e a major negative effect on the · the commit neighborhood? ~_Yes X No Dn Price ~____..~/~.. x___Yes__ -- ~. Date~ 5/11/93 ___No Unknown · ___No Unknown Unknown QUESTIO~AIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.} B. Is the subject premises listed on the real estate market ~or sale or being shown to prospective buyers? { } Yes { } No. (If Yes, pl~=~ ar-tm~-h c~l~/ ~Lf "condi~nus" of ~e.} { } Yes { } No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkhea~ed between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fencas which e~ist and are not shown cn the survey map that you ara SUbmitting? If none exist, please state "none." · G. Do you have any construction taking place at this time concerning your premises? If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? If yes, please explain where or submit copies of deeds.' I. Please list present use or operations conducted at this parcel and proposed use aUthOrized Signa~ur~an~te - \GORDON PRICE -- 3/87,~10/901k § 9%13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Sou~hold. [Added 6-5-84 by L.L..No. 6-1984] ITETI..~NDS [Amended 8-28-76 by L.L. No. 2-1976; 3-2g- 85 b.vJ,.T. N~. C~1985]: %'2.~-:'~' · A. '~iDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with. or which border on. tidal water~, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks. bogs. salt marsh, swamps, meadows, flats or other low lying- lands subject to tidal action; (2) All banks, bogs. meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay. black grass, saltworts, sea lavender, tall cordgrass, high bush. cattails, groundzeL mzrsbr,,l!ow and law (3) All Lu.ud immediately udjacent to a tidal wettand as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge o£ such a tidal wetland. FRESHWATER %VETLANDS:. (1) 'Freshwater wet ands" as defined in Article 24. Ti- tle I. § 2-1-0107. Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy-five (75) fee~ [andwsrd of the most land- ward edge of a "frcshwa[er wetland." 9705 z- es. ss ? >LEASE , ID.~, I"1Ft Y 1::: ' 95 DO NOT pUBL! DOUGLAS JANES WASItBURN residinq at 137 East 28th New York, New York Street, party of thc first p~rh and GORDON 1t. PRICE, residing at 7 Grandtotl Court, Bron×\,i].le, New York party of the second part WITN~c~H~ ti' at the party of the first part, Jn Cnnshie."atinn of Tvn Dollar~ and other vMua%le paid by the patay 0f the secodd part. does h. ereby grant and rdea~e ,mt0 thc [,arty et the second part. the heh:~ nr micessors a.d assi~s of the patty of tlc second part Iomver. A~ Ihat certain plol, piece or parcel of land, with Iht buildings and imptovemems thereon erected, lyinff~ndbelnginth= the Town of Southold, Ceunty of Suffolk and State New York, bounded and described as followst BEGINNING at a point on the southerly side of Ma~n Road dJuTant 599.] feet from the corner formed by the intersection of the southerly sid~ of Main Road and the easterly side of Platt Road, said point being where the northeast corner of land now or formerly of Auderson and northwest corner of premises to be described intersects the side of Main Road. RUNNING THENCE North 66 degrees 18 minutes 30 seconds East alon,.:j the southerly side of Main Road 132.00 feet to the westerly line of land now or formerly of/Freeman; RUNNING THENCE SoUth 37 degrees ]0 minutes 50 seconds East along sa~d land of Fr~man & Meger 165.00 feet to thc northerly ~ide of lall~] fitly or formerly of Anderson; RUNNING THENC~ westerly and northerly along thc nc, rthcr.,1, y ah(l ef~-?t.~e~:l ].ine of land ~gw or formerly of Anderson the following 2 courses and d~ stances t ] .) South 66 degrees ]8 minutes 30 sec~'o~;ds West 132.0 feet; 2.) North 37 degrees ]0 minutes 50 seco, ntis west 165.0 feet t.:> t.h{~ southerly side of Main Road, the point or place of BEGINNING, BEING AND INTENDE~ TO BE the same premises convoyed to the phrny of ~£irst part by deed dated December 14, 1979 and recorded ~,JI~ibcr 8748 cp. t6!, w/th the street address of Main Road, Orient, York. ~lqJnlmt/ing the at. ye described premises to the ce~ier line~ tl~et~f; 'fOGIZTIIER wkh the :,,.~ ill the estate awl rights of thc party .f lhe first part in and to ~dd premises; TO HAVE .AND TO IIOi.D lhe f,x'emises herein granted unto Iht patay of the s~cond purl, xhe heirs or successor* a~,~ as¢~gns iht pa*t)' of the second part forever. AND the lml'ty of thc fi~sl part cnvenants tlu. t 1he party of the first ph~ Ires n(4 done or ~ufierc,I ~mylLh:g ~xhe?Ly the said 9t'emi~e~ have heen encumbered in any way wl~t~ver, exert as More~ai4, AND the ix. ty oJ thc first part, in compliance wilh Section 13 ~ the Lien Law, covenants th;st lke Is~rt) of the:first part will r~elve the considerafon for Ihig ~mveyancc and will hum the right to receive tach consid- endioa os g Irnq fund to. be applied first for the pure*se of paying the cost of the improv~nen; and will apply the same first to Ihe ~yment ?[ the cott of the improwmlent before using any ~Ut ¢ the total a[ the r,;m;c {<,r any ,other put.se: The xw, rd "lgsrly" stroll he construed as if it read "panie¢' whenever lhe sense of th{~ indenture ~;o ;:'qM~cs, IN W~N~ WH~OF, the {x~rly of the first Imrt has dui ~ecuted this deed thc day and year first above ',vthtcll. & 39519 JUl.. 1 0 1.984 TI'( r' ;:- tAX DOUGLAS JAMES WASHBURN BHH2 BF:L'U.I).JJ I L LE I D: ~rson~lly c~ m mc ~nov.,n Fo be the indi ~ uM d~cri~d i,, who executed ~he ~orego~n~ instrument, ~nd a~nowledged dial On the day of 19 , before mc pcrsonally came to mc known, who, being by me duly sworn, did &pose say that he resides at that he is the of , the corporation descried in and which executed the {oregoing Instrument; that he knows the seal of said cot~r~tion; Ihat lhe ~eal affixed lo ~ald insuument is *uch co.rate seal; OIRt. it was affixed by order of t~e l~ard of directors of sa~d corpora- tion, and that he s~cd h name lhereto by like order. On the day of 19 , be{ore me mrsonally came to me known to b¢ tile individual dcscri!;ed in and' exc~uled th~ foregoing ingttument, and acknowledged that On the day of 19 , hefo.~c me pcrsmlally came d)e subscribing witness to the Ioregoing instrumc'nL v,'hh whom I am ~r;onal}y acquainted, who, ~elng by me duly sworn, did depos~ and say that he rcddes at No. ; that he knows to be the individua! de.riLed in and who executed the foregoing instrument; that he, ~dd subscribing witness, was prcseut and execute lhe same; and that he, said wimtst at the ~ame thne subscribed h name as whnc~ thereto, LEASE DO NO'F PUBI. ISH DUGLAS JAMES WASHBURN TO )RDON Il. PRICE $i:C't ION ] 8 BLOCK 6 LOt 6 COUN]¥ t;~ ']'owv~ Suffolk COLIF~ ty / RIITURIq BY MAlt, TO: Frank M. Headly, Jr,, E~q, 44 Pondfi'di~d,~ Road Bronxville, NY ]0708 ~ZEI~X BOARD OF APPEALS : TOWN OF SOUTHOLD In the Matter of the Petition of GORDON PRICE to the Board of Appeals of the ~Ofl%~ff~gx Town of Southolda~l~xx Index No. AFFIDAVIT OF i S_E__R__ g__l .C_g_Q~ PETITION & SUPPORTING PAPERS STATE 0E NEW YORK, COUNTY 0F SUFFOLK SS: The undersigned, being duly sworn, deposes and says; deponent is not a party herein, isoverlSyearsofageandresidesat (Box qlO) , Orient, New York Thaton May 18, 1993at 12:15PM.,at Southold Town Hall, Main Road, Southold, NY deponent served the within ~Y~v~l~F~F, xPetition & supporting papers on Gary Fish, Building Inspector-- b deliverin a true co . /~dino inspector mmW~Uat y g py ~l~'l~ to sald/dl~l~ fF~ersofially; delS'onent knew the person so served to be the person described as said ..[] ~m~;r~e~Xx building inspector. CORPORATION SUffABLE AGE PERSON a corporation, by delivering thereat a true copy of each to personally, deponent knew said corporation so served to be the corporation described in said summons as said defendant and knew said individual to be thereo£ by delivering thereat a true copy of each to a person of suitable age and discretion. Said premises is defendant's actual place of business dwelling place usual place of abode within the state. AFFIXING TO DOOR, ETC. by affixing a true copy qfeach to the door of said premises, which is defendant's actual place of bus ness dwe ng place usual place of abode --within the state. Deponent was unable, with due diligence to find defendant or a person of suitable age a nd discretion thereat, having called there *In addition, your deponent served Mark Phillips, by mailing a copy of the afore- said papers, by certified mail in a postpaid envelope properly aa~ressed to Mark Phillips at his residence at 217 Fourth Street, PO Box 428, Greenport, Ne~^,~k w,~n~' on May 18. 1993. RESIDENCE ' ~ofsu~d~v~ora~ing~ponentenclosedacopyofsame napostpa denvelopeproperlyaddressedtode~ndantatdefendant's USE WJTH 3 OR 4 5A. [] MAILING TO BUSINESS USE WITH 3 OR 4 last known residence, at and deposited said envelope in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State. Within 20 days of such delivery or affixing, deponent enclosed a copy of same in a first class postpaid envelope properly addressed to defendant at defendant's actual place of business, at in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State. lhe envelope bore the legend "Personal and Confidential' and did not indicate on the outside thereof, by return address or otherwise, that the communication was from an attorney or concerned an action against the defendant. OESCmPTIOI~ [~ Male [] White Skin [] Black Hair [] White Hair [] 14-20 Yrs. [] Under 5' [] Under 100 Lbs. 1.Z. ora [] Female [] Black Skin [] Brown Hair [] Balding [] 21-35 Yrs. [] 5'0"-5'Y' [] 100-130 Lbs. [] [] Yellow Skin 1~ Blonde Hair [] Mustache [~ 36-50 Yrs. [] 5'4"-5'8" [] 131-160 Lbs. [] Brown Skin [~ GrayHair [~ Beard [] 51-65Yrs. ~:] 59"~" F'~ 161-200Lbs. [] Red Skin [] Red Hair [] Glasses [] Over 65 Yrs. [] Over 6' [] Over 200 Lbs. Other identifying features: USE IN NYC CIVIL CT. [] The language required by NYCRR 2900.2(e), ([) & (h) was set forth on the face of said summons(es). MILITARY ] asked the person spoken to whether defendant was in active military service of the United States or of the State of New York in any capacity SERVICE whatever and received a negative reply. Defendant wore ordinary civilian clothes and no military uniform. The source of my information and the ] grounds of my belief are the conversations and observations above narrated. Upon information and belief I aver that the recipient is not in military service o~/~w York St ate ~tff-tfl~nit ed States as that term is defined in either the State or in the Federal statutes. ~.~r~ ~ .~ Sworn to before me on May//..~, 1993 ........ OPER ~"' ' . .. __ u~u~ u. ~ ~ ............ F;~i'~; ~ ~--~r~ .................. -~ ...... Tet iresD r31,19 7T INSTRUCTIONS: Check appropriate boxes and fill in blanks. Delete inappropriate italicized allegation if not applicable. COUNTY OF COURT against Plaintiff(s) Defendant(s) Index No. AFF1DA VIT OF STATE OF NEW YORK, COUNTY OF SS: is not a party herein, is over 18 years of age and resides at That on 19 at M., at deponent served the within subpoena on The undersi witness therein named, INDIVIDUAL by delivering a true copy to said witness personally; deponent knew the person so t. [] subpoena. CORPORATION a corporation, by delivering thereat a true copy to z. [] personally, deponent knew said corporation so served to be said corporat thereof. nG£ ~£Rson by delivering thereat a true copy to $. [] age and discretion. Said premises is witness' actual place of business dwellin AFFIXING TO by affixing a true copy to the door of said premises, which is witness' actual state. Deponent was unable, with due diligence to find witness or a to be the witness described in said and knew said individual to be a person of suitable place of abode within the and discretion thereat, having called there MAILING TO RESIDENCE USE WTTH 3 OR 4 ]SA. [] MAILING TO BU$1NE~ USE WITH 3 OR 4 Within 20 days of such delivery or affixing, deponent known residence, at and deposited said envelope in an Within 20 days of such deliver witness' actual place of business, at in an official depository "Personal and Confidential" and did r attorney or concerned an action ~ of same in a postpaid envelope properly addressed to witness at witness'last under the exclusive care and custody of the U.S. Postal Service within New York State. of same in a first class postpaid envelope properly addressed to witness at :are and custody of the U.S. Postal Service within New York State. The envelope bore the legend indicate on the outside thereof, by return address or otherwise, that the communication was from an the witness. [] Male [] [] Black Hair [] Female [] Black [] Brown Hair [] [] Blonde Hair [] [] Gray Hair [] [] Red Hair Other identifying t [] White Hair [] 14-20 Yrs. [] Under 5' [] Under 100 Lbs. [] Balding [] 21-35 Yrs. [] 5'0"-5'Y' [] 100-130 Lbs. [] Mustache [] 36-50Yrs. [] 5'4"-5'8' [] 131-160Lbs. [] Beard [] 5145 Yrs. [] 5'9"4'0" [] 161-200 Lbs. [] Glasses [] Over65Yrs. [] Over6' [] Over 200 Lbs. ~aid (tendered) in advance $ the authorized traveling expenses and one day's witness fee. License No ....................................... P 358 216 738 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See ReverseJ GORDON H. PRICE 886 P,O. BOX 3lO ................................................. ZIZ '~TH ST 11957 ZIP [] ' o - (~ COUNTY OF SUFFOLK ~' SOL Real Property Tax Service AgencyJ,~m ~, g~ /~ ,, © COUNTY OF SUFr-OLK I'ru,,m SOt /~o~;,,q.~..-~_~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREet ~',)~/~ d X) V,L~GE D,ST. SUB. LOT FOYER OWNER ~ N , E ACR. S W TYPE OF BUILDING RES. S~S. VL. ~ FA~i~ COMM. CB. MISC. Mkt. V~Jue AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FARM Acre Velue Per V~lue Acre Tilloble 2 Tilloble 3 Woodlond ~womplond FRONTAGE ON WATER Brushlond FRONTAGE ON ROAD House Plot DEPTH BULKH~D Totol ~ C ~ DOCK /o0~-/~-::-~ TOWN OF SOUTHOLD PROPERTY RE¢:ORD CARD OWNER STREET ~,~/0 ~ VILLAGE DIST. SUB. FORMER OWNER N~ ~,,,},~ , E ACR. S W ~PE OF BUILDING RES. ~/~ S~S. VL. FARM COMM. CB. MISC. Mkt. Volue DATE REMARKS ~ ,~ ~ND IMP. TOTAL oo "; ,* V' (,', AGE BUILDING CONDITION N ~ NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland SwamPland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD Hous~ Plot DEPTH ~' ~ BULKH~D Total DOCK Extension Extension Extension Porch Breezeway Garage Patio Total 1'7 Foundation Basement Ext. Walls Fire Place Type Roof Recreation Roorr Driveway Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd FIoo, / Dinette LR. FIN. B. R ~ COUNTY OF SUFFOLK Real Property Tax Service Agency __ JUDITH T. TERRY, TOWN CLERK Town of Southold Southold, New York 11971 Phone: 516-765-1801 RECEIVED OF: ,~/..~-"~.~..~,.~ ~ RECEIPT 046899 DATE ~"~c.-~ /"? 19_ ~"""'~ $ [] CASH BY: ~- ~)--,t'/,~_Z.~ · BOARD OF APPEALS, TOWN OF 5OUT.HOLD In the Matter o~ the Petition of : GORDON PRICE : to the Board of Appeals nf the Town nf Southnld : YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER i. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle cho£ce] . Review of issuance of h~]{]~ing p-rmi~ ~ 2. That the property which is the subject of the Petition is located adjacent to your property and is des. cribed as follows: SCTM 1000-1~-~-~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That h~ such Petition, the undersigned will request the following relief: Rev'ersal of decision to issue building 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signe;I are Article Section 100-31(A) (2) (c) .... [ ] Section 280-A, New York Town Law for approva] of access over !rt~hl~(%)-Of-way! ' 6. That within five days from the date hereof, a written Petition requesting the relie~specJ~labove 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 o~qc~ hgurs. .(,~.16) 765-1809. · 7. That before the relief soUgh~ ~may be~n~e~d a nUbii'c~ marlng~must be held on the matter by :the' Board of Appeals, that .a. not,ce of such hearing m~¢ pu6l~e, !~i least five days prior to the date of Such hearing in the Suffolk T,mes and in theLong tsl~nd T~a~je~r~ii !~a~/~ ~atchman, ne~wspapers pub. lished in the Town of Sourhold and designated for the pUblication of such not kes~ ll~,~t YOu or your representauVe have the" right to appear and be heard at such hearing. [Copy of sketch or plan purposes.] Petition~ 0~ner Ir 'GoRb6N PRI~ ~'Names:: , . showing Post Office Address Orient, New York Te]. No. [ 516) 323-395'0 !% .. ~i ,%' proposal to be attached for convenience AT7 /P 358 216 740 358 216 741 Receipt for Certified Mail No Insurance Coverage Provide~ (See Reverse) P 358 216 743 Receipt for CertifieeLJ~il No Insurance Cov'~ge Provided Do not use for International Mail (See Reverse) P. 358 216 742 Receipt for Certified Mail NO insurance Coverage I~rovided (See Reverse) P 358 216 744 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) P 358 216 739 Receipt for ~ Certified Mail ~ No Insurance Coverage Provide~ DO not use for International Mail (See Reverse) , being duly sworn, deposes and ~ay~ that on the [~ day of ~A~ ,19 ~, deponent mailed a true copy of the Notice set forth on the re- verse side'hc~e~f, 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 5ou~hold that said Notic~ ~ere mailed at the United States Post rice at ~~, ~-~, {~ ~, T[ ;that said No~e were mail~of said persons by {certifies~) (regi~tered~ mail. Sworn to before me this [' ~ ~ Not~ry Public HELENE D. HORNE No. 49513~ Commi~on ~ires May 22. 1B ~ (This side does not have to be completed on form transmitted .to adjoining property owners.) .