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HomeMy WebLinkAbout4258 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1509 ACTION OF THE BOARD OF APPEALS Appl. No. 4258. Upon Application of THOMAS F. McKENZIE. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4; 100-33; 100-30A.2(C)(1), and 100-31C(8) for permission to locate new accessory building in the front yard area and proposed horse corral area within 40 feet of the property lines. Location of Property: Corner lot at New Suffolk Avenue, Fifth Street, and N/s Jackson Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-09- 12. The subject premises contains a total lot area of 28,920 sq. ft. and fronts along three town streets. WHEREAS, a public hearing was held on August 11, 1994 and on September 7, 1994, at which times ali persons who desired to be heard were heard and their testimony recorded (pro and con), and written letters received, pro and con; and WHEREAS, the Board has carefully considered ali testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surreuncilng areas; and WHEREAS, the Board made the following findings of fact: 1. BASIS OF APPEAL. The Building Inspector's Notice of Disapproval upon which this new Appeal Application is based is dated June 16, 1994. The Notice of Disapproval is concerning a building permit application to construct an accessory building and stable in the front yard and to place housing of horses in a front yard with reduced setbacks at less than 40 feet from property line(s); ref. Article IliA, Section 100-30A.4; 100-33; 100-30A. 2C(1) and 100-31C(8). 2. CODE REQUIREMENTS. The relevant provisions of the Zoning Code are as follows: Page 2 - Appl. No. 4258 Matter of THOMAS McKENZIE Decision Rendered September 7, 1994 100-30A~4. Accessory buildings. .. ·Accessory buildings shah be subject to the same requirements as Section 100-33 of the Agricultural-Conservation District... 100-33, Subsection A, provides that . .Accessory buildings and structures or other accessory uses shall be located in the required rear yard..., and Article IIIA, Section 100-30A.3- Use regulations, R-40 Zone District, Subsection C, provides that "...Accessory Uses are limited to ...Section 100-31C of the Agricultural-Conservation District..." and Article III, 100-31C, Subsection 8, provides that: ·.. (8) Horses and domestic ~ninlals other than household pets provided that such animals sh~ll not be housed within forty (40) feet of any lot Hne. Housing for flocks of more than twenty-five (25) fowl shah not be constructed within fifty (50) feet of any 3. PROPERTY DATA. The premises in question is a corner lot containing a lot area of 28,920 sq. ft. with frontage aiong three town streets: Jackson Street, Third Street, and Main Street (or New Suffolk Avenue), at New Suffolk, Town of Southold. Contiguous on the yard remaining, to the east, are lots improved with residences (CTM Lots 13 and 14), which are closely affected by this project. Property and building details are more particularly shown on the sketched map (survey of August 24, 1992 with sketched-in references by the owner). 4. PROPOSED VARIANCE. The applicant herein is requesting to locate an accessory building of a size 49.6 feet by 24 feet, for use as a combination garage for parking of two vehicles and for two horse/pony stails. Also proposed is a fenced-in horse paddock area (dimensions which scale out to be an additional 65+- feet by 30 feet area). Both are proposed to be located entirely in the northerly front yard area. The horse paddock as proposed is shown to extend directly to the westeriy front property line and appro~mately 25 feet to the closest easterly property line. The accessory Page 3 - Appl. No. 4258 Matter of THOMAS McKENZIE Decision Rendered September 7, 1994 garage/stable building is also shown proposed at 38.5 feet to the westerly front property line, 40 feet to the easterly property line, and 60 feet from the most northerly front property line. The houses closest to the proposed horse paddock and horse barn are that of Joseph and Jean Fudjinski, as well as the applicant's dwelling. 5. AMOUNT OF RELIEF REQUESTED. The amount of relief requested in relation to the Code roquiroments is substantial, being 100% for the location of housing for horses in a front yard (rather than a required rear yard), and 100% for the extension of the horse paddock to the westerly front property line (rather than the roquirod 40 ft. setback). 6. CHARACTER OF SURROUNDING AREA. The neighborhood consists of many small lots impreved with single-family rosidenees. This area is also a beach community, with nearby Cutchogue Harbor to the east and Great Peeonic Bay to the south. 7. PRIOR APPEALS. The subject property has been the subject of prior appeals, which were denied for a subdivision into three lots, under Appeal No. 3503 of November 3, 1986 and Appeal No. 3581 of August 20, 1987. 8. EFFECTS OF RELIEF REQUESTED HEREIN. position of the Board that: It is the (a) an undesirable change will be produced by the grant of the relief requested for said uses since this is a front yard along three town streets which affects the character of this residential, beach community and nearby residences close to this parcel; (b) the use for housing of horses is not necessary and incidental to the residents of the property; (c) as noted in paragraph 5 above, the relief requested is substantial; (d) the difficulties claimed are personal in nature to the landowner rather than due to the uniqueness of the land since the owners will not be deprived of reasonable use of the residence and uses normally incidental to the residence; (e) the relief, as requested, will in turn have an adverse effect or impact on the physical and environmental conditions in the neighborhood and district - particularly in light of the activities necessary for proper care and keeping of the horses and storage of manure in close vicinity of the neighboring dwellings; Page 4 - Appl. No. 4258 Matter of THOMAS McKENZIE Decision Rendered September 7, 1994 (f) the relief, as requested, is not the minimum necessary and adequate and does not preserve and protect the character of the neighborhood and the health, safety and welfare of the community. Accordingly, on motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to DENY the relief as requested in this application in its entirety, for the reasons noted above. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, and Villa. (Member Wilton was absent.) This resolution was duly adopted. ERARD P. GoL~RII~IER, CI4~iRMAN RECEIVED AND FILED BY THE $OUTHOLD TOWN CT.~,RK DATE ¢~ I~.~/HOUB//. w~_~ Town Clerk, Town of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town 11971, on THURSDAY~ specified below: Hall, 53095 Main Read,~ Southold~ New York AUGUST 11~ 1994~ commencing at the times 4. 7:50 p.m. Appl. No. 4258 - THOMAS F. McKENZIE. Variance to the Zoning OrdinAuce, Article IIIA, Section 100-30A.4; 100-33; 100-30A.2(C)(1) and 100-30C(8) for perml-qsion to locate new accessory building in the front yard area and proposed horse corral area within 40 feet of the property lines. Location of Property: Corner lot at New Suffolk Avenue, Fifth Street and N/s Jackson Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-09- 12. The subject promises contains a total lot area of 28,920 sq. ft. and fronts along three streets. The Beard of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matter. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start · Page 2 - L~gal Notice Regular Meeting of August 11, 1994 Southold Town Board of Appeals before the times designated. If you wish to review the above file or would like to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: July 29, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By T.inda Kowalski X APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 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 additional public hearing will be held by the BOARD OF APPEALS at the Southold Town Hail, Southold, New York 11971, on WEDNESDAY, commencing at the time specified below: SOUTHOLD TOWN 53095 Main Road, SEPTEMBER 7~ ~994 7:55 p.m. Appl. No. 4269° ANN M. SHANNON. Variance to the Zoning Ordinance, Article IliA, Section 100-30A.3 for permission to construct addition which will exceed 20% lot coverage. Location of Property: 2775 Marratooka Road, Mattituck, NY; County Tax Map Parcel No. 1000-123-2-26. 8:00 p.m. Appl. No. 4258 - THOMAS F. McKENZIE. (Continued Hearing). Proposed horse barn. Jackson St. & Fifth St., New Suffolk. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matter. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated. If you wish to review any of the Page 5 - Legal Notice Regular Meeting of September 7, 1994 Southold Town Board of Appeals above files or would like to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: August 19, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By l.lnda Kowals~ X TOWN OF SOUTttOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD~ N.Y. NOTICE OF DISAPPROVAL ..... · ,:'..~.7.~.. ' .. .... PLEASE TAKE NOTICE that your application dated. ~.Z,~ .... , 19 ~.~,. ' '~ 7 .............. :' · coumy~ax ~ap ~o. 1000 Section .../~.~ ..... Block , .~,. ~ ....... Lot ,./.~ ....... ~. 'y~,~,~,o~ .... : ............ ~,,~o., ........... ~o,~o .... ..; ......... .... ~..~.~...~...~....~.~~ ..... . ~ .. ~z...~..~~..~..~.:.~.%.~.. ~.~ ........................................... . ~ ......... ~.~ .......... ~ .... ~...~ ....................... . amined. ......... , 'l Approved ......... ',~ ..... 19... Permit No ............ xsapproved a/ FORM NO, 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 - BOAKD OF' HEALTH ......... 3 SETS OF PLANS ......... SURVEY .................. CIIECK SEPTIC IrO~H ............. (Building Inspector) APPLICATION FOR BUILDING PERi~,n, IT Date ...... : ........... , 19... ' ' INSTRUCTIONS a. Tl~s application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. ' APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings; additions or alterations, or for removal or demolition, as herein described. T.he applicant agrees to comply with ali applicable laws, ordinances, building code, housip,g code, a d regulations, and to admit authorized inspectors on premises and in building for necessary,i~l~ctions. ~ ~ "'/~7 - (S~gna. ture of applicant, or nam. e, if a ~)~orporation) hl State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises .............. ; .... t .............................................. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Na e nd 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 propo~d work wiILbe done _ ' .., ,' o ........... ", ..... ............ ;:', ............ House Number Street Hamlet' I ........ ' C°untyraxblaP N°~ffSe_ction :....~./[~... Block ..... ~.~. Lot J~L~' ./~... Subdivision ..................................... Filed Map No ............... Lot (Name) ............... · State existing use and occupancy of premises and intended use and occupancy of proposed constnmtion: a. Existing ~s~ and occupancy .................. . b. Intended use and occupancy .. 't ........................... Rep:ur .............. Removal .............. Demolition .............. Other Work. :~..'[ ......... ~. C~. ~ {)0~ (Description) 4. Estimated Cost ¢ ' ......................... Fee ................ (to be Paid on~~t~ion) $. If dwelling, number of dwelling units '~' Number of dwelling units on ea~"fi~ · If garage, number of cars ....o~. .... ... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use .... ."7~ ...... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ....... Height ............... Number of Stories ..... Dimensions of same structure with alterations or additions: Front ................. Rear . Depth ...................... Height ....... '"~ ' ' 'd ........ Numbef St?~es .......... Dimensions of en}ire new construction: Front .... ,q-.~: .0./. ..... Rear ..... q.-.~.'... . ...... 8. Height ..... 1.7. ..... :.. Number of Stories t ~- Depth. 9. Size of lot Front ~D'0' '-~ ........ "' 'l ...................... .,~ ....x. .....,e. . .\. 10. Date of Purchase i~/51~f,' '[~1~ ....... ,qear..~,.. p.t~;,d ........... nDsp. t~ 1 I. Zone or Use district in xvl~i~h' [~' ' ";' :[ ]~;,~,~ .... ~n~e~ ~riOwner ~ ~; ~/~ ~./[..~/, .j).,~ ~I.a~'[A~. 5.. 12. ~,ues proposea constructi~g_vi, olate any zoning law, ordinance or regulation ~ ~T~ g ~/d.~ ..... ' 13. Will lot be re~raded x/[Vc~ ...... : ............... ........................... m excess fill be removed from remises' Y 14. ,N, ameofOwnerofpremisesTtq.g.~S?..,.~¢.~.g/~'~l~ddress~,0.~f~01~$1gdgll£ ,,,p . hlq..~tels lsame of Architect ."7... ' .... ^ .aa .... I~'~O tl~q~r:' ~'~ ~v ;,'~"~'f rhone mo. ~.,.*..T!~o.'J4.~:~.. .............................. }- ........ hone No ................ Name of Contractor ..................... ' :'... Address .......... Phone No ...... 15. Is this property w±thin 300 feet of a ......... ' ......... tidal wetland? *Yes ........ No. ~ ..... *If yes, Southold Town Trustees Permit may be required. .... PLOT DIAGRAM Locate dearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. STATE OF NEW YORK, C? UN'I'Y,OF , S.$ ..... ff-~ ~. '.~-~ '. '. '~.. '. '. '~. ~ ~. o~ ................. being duly sworn, deposes and says that he is the applicant ¢Name of individual siAning contract) above named. He is the ........ . ~.~.. ;' ' ' (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the'said work and to make and file this application; that all statements contained in this application are true to the best of his 'knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Swom to before me this ....... ~/(..57....¢/(~/ ...... day of....~. ?.~ ........ , 19 ..~.9/ Notary Public ......... ~~...~..~Z~.~ ' County /. . . _ l " To "tm0' 4Ex~r2e2~e3'~Umff°lberka~,u, ngWC~ ?,d . ~.~ ~; Ot applicant, TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-180:2 Examined . . ......... Approved ........... .a ..... 19... Permit No ............ Ill/ BOARD OF HEALTIt . ..a ·.. 3 SETS OF PLANS ..... .~... SURVEY .................. CHECK ................... SEPTIC YORtl ............. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ...... : ............ 19... INSTRUCTIONS a. This applicati°n must be completely filled in by typewriter or in ink and submitted to the Building inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to seheduie. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings~ additions or alterations, or for removal or demolition, as herein described. Tlie applicant agrees to comply with all applicable laws, ordinances, ~uilding code, housing code, ai~d regulations, and to admit authorized inspectors on premises and in building for necessary.ih, a~ctions. .~.~ _ ~q//. _. ' ..~ ;~,d~..~.-.Z~ ;':~.~ .......... . (Signa. ture of applicant, or nam. e, if a d@rporation) · (Mailing address ot apI~ll/:ant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) · Builder's License No .......................... Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... Location of land on which proposed woJ'k wp}=b~/~one _ . ' .~ , ~ ,w~~~.-j-;: ~...~, .......... ; ..... ~ ............ ~:., ............ House Number Street ........ fi~;l;i" ..... ' ................. ' ~o,m,, ~ ~,~ ~o. ,000 ~,o~ .....~.[~g.. ~1o~ ............. ~o, ......... '../~ .... Subdivision ~ - Filed Map No ............... Lot ..................................... (Name) ............... State existiug use and occupancy of premises and intended use and occupancy of proposed construction: IECEIVID TOWN OF SOUTHOLD, NEW YORK APPEAL FP~M DECISION OF BUILDING INSPECTOR Tg i~H~ ZON'ING BOARD Of APPEA~Si ~'O~VN OF S'0U'THoLD, N. ~ ~ame 'of 'A~paliont : 5treat and Numbe~ .. .... . . i . W~EREBY' THE' BUILDING INSPECTOR DENIED ( .) PERMIT FOR OCCUPANCY ( } , Street /Hamlet / Use District on Zoning Map ............................................... ~:~.~urrent ~ner Map No. · ~t 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.~ 3. ~PE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ~ A VARIANCE to the ~ning Ordi~nce or Zoning Map ( ) A 'VARIANCE due to lack of access (State 6f New Yolk T~n L~ Chap. 62 Cons· L~s Art. 16 Sec. 280A Subsection 3 4.~ ~REVIOUS APPEL ~ pr~ious appedi (~ (has not) bee~ade with ~ect {o this ~eci~ion' of the Building Inspector o( with respect, to this oropert~. ~uch ~ppeal was ( ) request for a specmr permit ' { ) request for a variance ~d Was made in Appea~ No ................................ Dated ............................. , ........................................ ~SON FOR APP~ A Variance to the Zoning Ordinance ' ( ) ~ . , .... · , . isr~uestedforthe-reasonthat~ '~0~E zcrzg /. ~'orrn zl~l ~_~ (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE :ould~produce practical difficulties or unneces* 2. The hardship created is UNIQUE and is not shared by all prope~ies alike in the immediate vicinity of this property and in this use district because ~ ~ ~,~ 3. The Variance would observe the spirit._of the Ordinance and WOULD NO,r CHA/~NGE THE CH^R^CTER OF THE DI~I~ICT because z-r /_z)2rLL '~lLL6~3 -//rE.. ~T~I.J&TI..)~£" .; 'S~om ~o'&~.,.....L....-~.~.-.~---L*..-. ~o~}... ~ .: ........ C.....:.....:... Notary Public HELENE D. HORNE Nota~ Public, State of New York No. 4951364 Ouelified in Suffolk County Commission Expires May 22, 19 .OWNER / TOWN OF SOUTHOLD I~OPERTY RECORD CARD FOR,MEI~ OWNER ~,~- m/% ~o~ RES.O..~'O SEAS. VL LAND IMP. TOTAL VILLAGE AGE Tillable 1 Tillable 2 NORMAL . · Acre. IFARM DATE Tillable 3 '~ Swampland ~i DISTRICT SUB. ACREAGE TYPE OF BUILDING ICOMM. J IND. CB. MISC. REMARKS/.~/,~,~. l,.¢-dd BUILDING CONDITION IBELOW Value Per Acre LOT '"'"':: "": :;t ~-~ J Es~. Mkt. Value I Brushland House ABOVE FRONTAGE ON WATER Value FRONTAGE ON ROAD,.~O O ~"l~t $1'~ ~' BULKHEAD DOCK M Eldg ~: ,~{~- ""' yF,4~undotion ' ~ Both E~ension J * i ; '- : J Ext. Walls ' r-0;--- -~ Interior Finish ' Btension ~ ,': ',. : Fire Place/, Heat r ~'~' ~r~zew~ ,;L~, _ ~r'J ;..:. Patio R~ms 2nd Flor Garage~ I i~ ¢ ' -~ ' h ' Driveway MAIN STREET 90.11' _lC. NO. 49618 JACKSON S TREE T AREA = 28,920 sq. ft. TPS ABSTRACT CORP. { 1755954 ) SUR VE Y FOR THOMAS McKENZIE A T NEW SUFFOLK TO WN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000- 117- 09- 12 Scale: 1" = 30' Aug. 24,1992 sfondords lot I/lie surveys os es/obi/shed by Ihe L.I.A.L.S. one oppfoved one odopled for such use by The New York Slole Lond Tille Associolion. Suffolk County Dept. of Planning H. Lee Dennison Building Veterans Memorial Highway Hauppauge, NY 11788 To whom it my concern: Please find enclosed the $50 check de~nded under Sections A 14-14 to 23 of the Suffolk County Administrative Code for my Zoning Action in the To~ of Southold, Municipal File #4258, County Tax Map Parcel #1000- 117-~-12. Please take notice that I pay this ~DER PROTEST WI~OUT P~JUDICE as my property's nearest line to Peconic Bay is 505 feet, 10 inches from the bulkhead. Such bulkhead is another 3 feet or more from the hi~ water ~rk. This measurement was actually taken by measurement, not scale from a map. I would apprecia~ if someone in the County, To, ship or whatever government entity exists would give me an exact nu~er of feet my property is from the bay or body of water which requires a county review and a fee of $50 under these Sections of the Adm~istrative Code. I thank each recipient of this letter for a reply. THOMAS F. Mc KENZIE DO~R$ DEPARTMENT OF PLANNING OCOuNTY OF SUFFOL~ ROBERT J. GAFFNEY SUfFOlK COUN~ £X£CU~,VE SEP 119 STEPHEN M, JONES, A.I.C.P. DIRECTOR OF PLANNING September 19, 1994 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) McKenzie, Thomas F. Abbott, James & Mary Ann DeNicola, Peter 4258 4264 4265 Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (5'16) 765-1823 Telephone (516) 765-1809 Pursuant to Article X/V of t_he Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, Now York, h~reby refers the following to the Suffolk County Planning C~t,~%Lssion: .~ XX Variance from the Zoning Code, Article IIIA ,~Section 100-30A.4; 100-33 100-30A.2 (C) (1) &100-30C(8) Variance from Determination of Southold Town Building Inspector ~Special Exception, Article , Section __Special Permit Appeal No: 4258 Applicant: Thomas F. McKenzie Location of Affected Land: 16480 New Suffolk Ave., New County Tax Map Item No.: lO00- 117-9-12 Within 500 feet of: Suffolk, NY __' Town or Village Boundary Line 'XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport Comments: Applicant is requesting permission.to in front yard area'and horse corral area within locate accessory building 40 feet of property lines. ~opies of Town file and related documents enclosed for your review. Dated: September /~x-, 1994 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD September 15, 1994 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Mr. Thomas F. McKenzie P.O. Box 153 lqew Suffolk, NY 11956 Re: Appl. No. 4258 - Variance Dear Mr. McKenzie: Please find enclosed a copy of the findino~rs and determination ~endered by the Board of Appeals concerning your variance application. Due to the pro~iraity of thi-~ project within 500 feet of a waterway or a County Road, we have transmitted copies of thi.~ file to the Suffolk County Department of Planning as required under the County's Admlnist~ative Code. Once they have finalized their review and forwarded their comments to our office, we will transmit a copy of the same to you for your update. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copies of Decision to: _~3~fl Building Department Suffolk County Plonning Commission BADGE AGENCY, INC. INSURANCE 674 Glen Cove Avenue, Glen Head, N.Y. 11545 (516) 676-0070 Fax ($16) 676-0258 FAX Cover Sheet No. Faxed To: .. Company: ATTENTION: --. Dept.: Message: $'15 FOURTH NEW SUFFOLK, NY 11956~6~ 6 =NT-~BY:FINNAN FLEI$CHUT A$SOC: g- 2-~4 I:44PM ~ -) Si6 '~S 1823:~ 2 237 BCIZPiql COURT PiZd) iX~O, Ok 04306 TEL: (4~5) 4~409380 i~X: (4Z5) 4~3-364Z 8ou~.ho~d ?own Sou~ho~d TO~n H&~ &LeO ~OO8~OO WO ~0 keGp in the otabXe. We believe tha~ ~he ~11 and £11~0 will inevitably be genere~ed b~ ~ho ho~oe manuFe wlll adversely Thsnk ],ou ~o~' you~' corJs:Ld~81::Lofi o£ OtLT COrJG~L'nn. ~SEN]~,B¥:FI;qNAN FLEI$CHUT A~OC; ~- ~-~4 I:44PM ; FINNAN, FLEISCHUT ~AssocLATES ATTORNEYS AY LAW Tel; Fax: Amndhati C!-~k:nvo;':y Becky DOwle~ gang..,e~ha Ramanat hah FAX COVER SHEET Your fax number: ~~..~ To: g.,xxtt'Aex,,~ .-r'souA4 :zOn/l~Ja: ~p. o~--- ~naP~. Company Front To:al number pages (inciudlng cover sheet): This ~acsimlls ttansmiaslon contains CONgIDENTIAL INFORMATION uso o£ :ha named addreesle(i), ~ you are not the intended recipient o£ this ~aoeimile~ et the employee et agent delivering it to the intended recipient, you a:e hereby notified strictly prohibited. If you have received this facsimile in error, please no:lfy the sender by telephone and retu:n the original ~acsimile to the sender at the above address via the US Postal Service. Thank you. Gerard P. Goehringer, Chairman Sou~hold Town Board of Appeals Town kall 53095 lviain Road Southold, New ~ork 11971 Dear ~ir. Goehringer and l~embers of the Board: RE: Parcel ~o. 100~-117-09-12 Appl. Bo. 4528- Thomas F. ~c~enzie We are writing in opposition to Mr. ~cKenzie's application for a variance on the above-cited property, on ~nich we believe he wants to install two horses. We have two major concerns: (1) The close proximity of the animals may be offensive to the summe~ renters on ~r. F~djindki!s adjacent property known as the "White Cap," which has been operating as a summer resort rooming house for many decades, and may therefore adversely af%ect his income. (2) The close proximity of the animals to the main intersection in the hamlet may be a distraction hazardous to pedestrians (adults and children), ve~icular traffic, and to the horses as well. to Sincerely, , Joan and ~ewton Robbins 16995 ~lain Street i~ew Suffolk, ~ew ~ork 11956 Page 20-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals MR. CHAIRMAN: Does anybody have any questions of this Bob? MEMBER VILLA: No. MR. CHAIRMAN: Let me see if anybody in the audience Anybody like to speak in favor of this application, other gentleman? has any. than your What degree is The next appeal is in behalf of Thomas 4258. The legal notice reads as follow: Zoning Ordinance, Article IIIA, Section the agenda earlier. I'm sorry. F. McKenzie. It's appeal No. Upon application the applicant wife? Anybody like to speak against the application? the roof going to be placed? MR. RAND: I'm sorry. MR. CHAIRMAN: What kind of roof will be placed on it? MR. RAND: A low pitched roof. Right now, it's not decided completely yet, but perhaps a (top?) roof. MR. CHAIRMAN: (Top ?) roof. MR. RAND: With a ( ) area. MEMBER VILLA: Will it be screened in or left open? MR. RAND: Open. MR. CHAIRMAN: OK. I have no objection to this application. I'll make a motion granting as applied. MEMBER DINIZIO: I'll second it. MR. CHAIRMAN: All in favor. MEMBERS: Aye. MR. RAND: Thank you very much. 8:10 P.M. ~.~q~. MR. CHAIRMAN: OK, now we're on to McKenzie. I tried to get you on Page 21-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals 100-30A.4; 100-33; 100-30A.2(C)(1)and 100-30C(8) for permission to locate new accessory building front yard area and proposed horse corral area within 40 feet of the property lines. Location of Property: Corner lot at New Suffolk Avenue, Fifth Street and N/S Jackson Street, New Suffolk, N.Y.; County Tax Map Parcel No. 1000-117-09-12. The subject premises contains a total lot area of 28.920 sq. ft. and fronts along three streets. I have letters in the file which I will not read, the Board is aware of and I have a copy of a survey dated August 24, 1992 indicating lot area as mentioned of 28. 920 and the nature of the application again being the barn which is 24 feet by approximately 49 feet, a post setback of approximately 38.5 to Fifth Street and approximately 40 foot setback to the in this particular case the rear yard and approximately 60 feet to Main Street, which is New Suffolk Avenue. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. McKenzie you're on. MR. McKENZlE: OK. The building is going to set 40 feet from the neighboring property, 80 feet from what is Main Street or New Suffolk Avenue and 38 feet on the long side of the property will be set back 38 feet from New Suffolk Road or Fifth Street. I think I've got all of this staked. I think the uniqueness of the property speaks for itself. It's a big piece of property and it seems to be all front yard. I don't know maybe my house faces the long side, I ( ) the front yard. If it's wedged in, naturally it'll be reared yard. That is with property on each side. The building as you see I wanted 38 feet setback rather than the 40 mainly not for the horses but for a boat to be put in the garage so I won't leave it outside like some of these Page 22-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals boats seem to be left outside. There is two letters, I just got another one with protest and I think I've, I have here something for you to consider that I'd like to address to you on the opposition. It has to do with odors and the buildings affected. Both opponents Mr. Crouch and his wife and Mr. Fudjinski. Mr. Fudjinski runs a Bed and Breakfast next to the property. I take half the block up these other people, a Mr. Fudjinski has about two-thirds of the other part and there's another gentleman who has a third. As it stands any of these odors can be eliminated with cleanliness. You've got to keep the stalls clean. I'll tell you to being with, my brother raises horses in Naples, Florida and you've got to be immaculate down there, OK. I worked at the race track in this, my grandfather had 2,000 horses in Manhattan up to 1930 taking care of the west side docks. Cleanliness is important cause if you're not clean the horses get sick. As to the manure you pick it up and you don't let it lay around. As to flies which are the biggest problem. There's enough stuff on the market today here to kill compost, recycle and do whatever you want with flies. There's nothing here that can rid of flies better than what I show you here. We have flies there now in the woods. Wherever you have dampness in the woods you're going to have flies. You'll have more if you have horses but if you kill them you're going to get rid of them. As for the urine you may have a smell from that but that usually can be dissipated as well if you take care of it right away. It's all on how you clean the stall and the stable but it's just going to take time. If you want it verbal I'll give it to you. You can give pills to horses to get rid of the smell of urine and they do it at these fancy horse shows. It's the Page 23-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals same pills incontinent humans take just to get rid of the smell of urine. I think Mr. Fudjinski meaning well mistook what we published in the paper. He says the corral is going to be 34 feet from his house which actually is 74 feet from his house. He thought the horses are going to walk right up to the existing lot line and look over. He's mistaken about that. He has another building which he says is 8 feet from the corral. It's actually 48 feet from the corral or the paddocked area or the fenced area for the horses. He mentions his well which he says is 20 feet from the corral which is actually 60 feet from the corral and it's 8 feet back from Main Street. My well is approximately the same distance so if this effects the wells which I found no-one whose had effected wells by horses to this extent. I'm no expert now. Mine would be effected as well. MR. CHAIRMAN: Can I just make a statement on that. Is that not the purpose of mucking at the stall so that the horse, when the horse urinates or defecates then we have that going into the, whatever particular, if you choose to use wood chips, or your choose to use some sought of mulcher whatever the case might be is that not the purpose of it? MR. McKENZlE: You have to take the mulch out with it. MR. CHAIRMAN: With it, yes, OK. MR. MCKENZIE: Yes, but I think he's here for when the horse walks outside. He may do this. He also, he's worried about the well and it's really three times, the horses are three times as far away as he said. I think he should be more fearful of his tenants or his guests parking cars within 15 feet of the well, some of which may drip oil. I mean I'd Page 24-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals be more fearful of that then maybe the horses. There's another stable in the area a few blocks away and if you want to make a comparison I was over there and I don't see the smell of urine and manure. I do see a lot of flies. It's well kept but I think I'll keep mine better because my is going to be certainly a better building than what's at this other site that you can make a comparison with. I don't know if these people have received complaints or not. I don't know if the Town Board has. My building is going to be a hell lot more modern than what he I has there and it's going to match my house and the property. The stall openings are going to face my house. They're not going to face the street if you look at the blue prints or the neighboring properties. I don't think I'm going to keep this place dirty. I don't want it that way. I think I'm going to keep it clean and I'm going to say I don't want to impose any hardships on any of my neighbors, least of all myself. I want you to know that these people have a concern. They have a definite concern, I would be concerned to if someone did this, but I think the way I'm going to keep it is going to be very, very good. The people thought and I see the lady from the Civic Association left and the New Suffolk Civic Association. This became a pig's sty, if people told me they didn't like it I'd probably remove the horses because I'm going to live there the rest of my lifp. I escape from the city every weekend to come out here. The other neighbor will be the person taking care of the horses. He himself will watch the horses. He's on the other adjacent piece of property. MR. CHAIRMAN: How many horses are you going to have? Page 25-Hearing Transcripts Regular Meeting of August 1], 1994 Southold Town Board of Appeals MR. McKENZIE: I'm going to have two. A pony and a full size horse. ( ) center of the property if this is any interest to you will be covered when I put this other building up. A lot of the property will be left open. I'm trying to remove the minimal amount of trees. In fact, I drew on there where the fence of the corral will go. There actually have to put it inside and around the tree or it'll have to go right through the tree and I want to save the tree. There's one tree there that will have to come down, it's not in great shape and there's another tree that is unfortunately a ginko which is sought of a rare tree that's dead. There's no-one here in opposition ! don't think, but if they saw the blue prints they could see the buildings look pretty good. The existing building and the new building all this will face away from the street. It won't look like your average garage. I know some of the neighbors are angry cause I made mentioned I want to keep a boat there rather than leave it on the side yard like some of the people do. It looks like the abandoned car in the driveway you see in the city. I'm the President of a Civic Association back in the city and that a pick gripe there. People leave cars in their driveways. You know you have a one car garage and everyone has a car in the family and there's always one car that just rots away there. I sort of see this with the boats. Usually the smaller boats. MR. CHAIRMAN: MR. McKENZIE: MR. CHAIRMAN: MR. McKENZIE: the street from my house. Where does this feliow Crouch live? Mr. Crouch would live ..... . On the other side of .......... . If you look at my house he lives on the other side of I'll show you on the blue print. Maybe it Page 26-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Beard of Appeals would be easier. (Showing the blue print explaining where Mr. Crouch lives ) My proposed site is further away from houses on the other side of the street than the existing one further down on New Suffolk Road. I spoke to the lady who own the house there and she said, "well there's not a problem". She was worried about kids coming by, throwing things at the horses, so I guess she's an animal lover, so I couldn't find out much from her about that. Other than that, I don't know what to say, I don't know if you have restricted covenants or what, but if this became a problem for anybody and they told me how they ( ), especially Mr. Fudjinski whose making a profit, this is his livelihood and it's cousin to what we've ( ) so I can't get angry at him. MI{. CHAIRMAN: You're still speaking to Mr. Fudjinski? MR. McKENZlE: I am. I mean he hasn't spoken to me since this. He went away. I know he's had problems with some of the neighbors. I think he's a nice man and I, I see his concern. If I was in his position, if someone said to me hey, I'm putting a stable across the street just like you did. I'd say, well it better match mine. I don't know what to say. The horses will walk up to the street line. As in the other stable, you don't see the other stable. I hope people don't throw things at them. I mean it's three generations we were with horses and we never kept them filthy. MR. CHAIRMAN: So on the weekend you will be riding these horses? MR. McKENZIE: Yes. MR. CHAIRMAN: On the street or whatever? Page 27-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals MR. McKENZIE: Well on the street probably. Actually I have a little wagon and I'll probably take it to church. That's really where I'll probably go. If you saw the Quite Man, I have a cart like that back in the city I'll bring it out here. There was one other thing. You know you think of so much and you come here and you forget about it. I really don't want to cause any of the neighbors problems. The neighbors I spoke to they didn't seem to be angry but Mr. Crouch seems to be sort of upset. He's upset with my barking dog too sometimes. Mr. Fudjinski did have a care but he didn't speak to me he left for Europe. Everything he stated in his letter I pretty much, I think I've addressed to these, he was concerned the horses would be riding right up to his property line. There not, there 40 feet away. MR. CHAIRMAN: You know he's requested that we recess the hearing until September 7th. MR. McKENZIE: Well, if you want to do that the only thing I have to say to you he's not going to bring up any more than I've said to you here and I can't say anymore than I said to here against what he said. MR. CHAIRMAN: Just so you're aware that we usually do grant one recess. If he doesn't show up then we, I mean it's only really three weeks away. We'll get rid of it then. MR. McKENZIE: All right. I'll mention again that maybe I'll speak to him when he gets back by then. I don't think he understood. People have thought the horses would walk right up to the lot more that sort of thing. If I could add one other thing. The number of the bounce check, it didn't bounce. So you got another $450. Page 28-Hearing Transcripts Regular Meeting of August 11, 1994 Southo]d Town Board of Appeals BOARD SECRETARY KOWALSKI: Oh! They did. I didn't even know about it. That was taken care of by another office. MR. McKENZIE: Oh! This bank of mine. They don't have a branch in Suffolk. All right, other than that I don't know if you have any questions. I don't know if I covered everything, or if you have problems. ( Discussing check, Mr. McKenzie, Mr. Chairman and BOARD SECRETARY KOWALSKI. Don't worry I'm going to check this, I'll bring it to her. We'll worry about that later. I can't think of anything else. Do you have any questions that you might ask me? MR. CHAIRMAN: Bob, anybody? MEMBER VILLA: Yeah, the one question I have is that your dimensions don't add up. MR. McKENZIE: In so far as? MEMBER VILLA: You've got a 40 foot proposal setback from Fudjinski, right? MR. McKENZIE: Right. MEMBER VILLA: The building is 24 feet and you've got a 38-1/2 foot proposed setback. MR. McKENZIE: Yes. MEMBER VILLA: And this property line is 101.22, this comes out to be 102.5. So you're a foot and a half ...... . Mr. McKENZIE: This building will be 24, so then I am off, how much? (Member Villa, Mr. Chairman and Mr. McKenzie speaking at one time) MR. CHAIRMAN: Come back and tell us what it actually is so that we'll know. Page 29-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals MR. McKENZIE: All right. I will. Can I just state that to you or do I have to send you a note? BOARD SECRETARY KOWALSKI: Just a letter, a letter will be fine. MR. CHAIRMAN: And of course the least amount of variance would be the best. MEMBER DINIZIO: I understand that if you wanted to build and reduce it's only because of a lousy boat, you know if you get a 19 foot boat you got about a 4 foot lip on the trailer and you try to put it in the 22 foot or 21 ......... MR. CHAIRMAN: It's very easy, you just cut the door out. (All joking) MR. McKENZIE: I only wanted one horse but the little girl next door mother said, "Oh!, she's going to take care of it with her father, " come on now, so I said "No, her father will take care of it himself, I'll send her a pony. This is the white elephant from .... . All right, I'll send you a letter. I'll bring one in on the actual setback size and when is the next hearing? MR. CHAIRMAN: September 7th. MR. McKENZIE: This is what? BOARD SECRETARY KOWALSKI: A Wednesday night. MR. CHAIRMAN: If you can't make it, don't worry about it. MR. McKENZIE: Well, ..... heard Mr. Fudjinski. He may come up with something else. MEMBER VILLA: The setbacks normally allow how much of an overhang? MR. CHAIRMAN: We ..... about 16 inches. MEMBER VILLA: Because this has a little bit of an overhang in a porch or a front stoop. Page 30-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals MR. CHAIRMAN: Well a stoop is, is .... MEMBER VILLA: Well not a stoop, but it's covered way, so what are you going to consider the setback to? ........ do you see what I'm looking over there? MR. CHAIRMAN: Yes, I understand. MEMBER VILLA: It looks like it's more than 16 inches. It's going to be able to walk under that. Yet, if he's showing the setback to this part of the building .... MR. CHAIRMAN: Well, we're just going to give him whatever we agreed to. We're going to give him to the building and that's it with a normal 16 foot overhang, so I mean that's what he's going to have to have, a 16 inch overhang. MR. McKENZIE: All right. I'll address that too in the letter. That'll be 16 inches and the exact setback and I'll try to speak to Mr. Fudjinski. If he brings up anything new that night I'll try to address it. To take a day off and run out here it's really involved. You understand I'm off tomorrow which is not a problem. I took today off, I took the whole day off, fearful that I may get caught in traffic. All right. Thank you very much, I'll speak to Mr. Fudjinski and try to see if I can, see if he has any other problems .... . I'll try to address those too., all right. And I tell you truthfully if it was to be a messy thing or in someway the neighbors really got--- I'd take the horses out of there. Thank you. MR. CHAIRMAN: Thank you. Is there anybody else like to speak in favor of this hearing or against it? Seeing no hands I'll make a motion closing the hearing and recessing it to September 7th. Page 31-Hearing Transcripts Regular Meeting of August 1], 1994 Southold Town Board of Appeals MEMBER DINIZIO: Second it. MR. CHAIRMAN: All in favor. MEMBERS: Aye. 8:27 - Appl. No. 4259 - ALAN R. CERNY, JR. MR. CHAIRMAN: Upon application the applicant 4259 under the Zoning Ordinance, Article IIIA, Sections 100-30A.3 and 100-30A.4 for approval of location of above-ground pool and deck, as built, with insufficient setback and exceeding twenty (20%) percent lot coverage limitation. Location of Property: 1550 Central Drive, Mattituck, N.Y.; County Tax Map Parcel No. 1000-106-02-11. The subject premises is a corner lot with frontage along Summit Drive and Central Drive at Cpt. Kidd Estates, and is a substandard lot containing a total lot area of 7,751 sq. ft. I have a copy of a survey from Young & Young which is dated July 26, 1988, which indicates the existing dwelling, garage and concrete patio which is part of the nature of this application which is the resurfacing of the concrete patio to a wooden deck area and the existence of a pool above the ground pool. What is that 18 feet? MR. CERNY: It's only 15 foot round. MR. CHAIRMAN: 15 feet in diameter. All right. And a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. The nature of the application if a rear yard, excuse me, is a nature, the variance for the rear yard patio, deck and pool and lot coverage. Go ahead. MR. CERNY: Well first I might like to start off I have letter from all my neighbors. MR. CHAIRMAN: Great. Page 32-Hearing Transcripts Regular Meeting of August 11, 199zl Southold Town Board of Appeals MR. CERNY: For a, and I have a letter from my doctor for the pool. MR. CHAIRMAN: Thank you. MR. CERNY: The a, I didn't get one letter from one neighbor, there was a mistake, I had sent the letter to JoAnn Joanderitz, she was the previous owner house that Moshouris owns and they don't have an objection to it either but I never got a letter from them. Basically what happened was a I built the wooden decks over the preexisting concrete slabs that were there and went and got the permits a few days after I did it and found out about all the different variances that adhere to and a basically what I did was the pool, as you can see I have a self-standard backyard. It's a, maybe a couple of these tables is about the size of my backyard. It's, it's pretty tiny. With the 15 foot round pool when my neighbor's side for a Mrs. Lignos I have an approx., it's an exact of, from the pool wall to her property line. It's 2 feet and it's an exact of 2 feet between my house and the pool wall on the other side. If it were any closer to my house I wouldn't be able to get an oil or gas delivery because the other side of my property MR. CHAIRMAN: 7,000 sq. ft. MR. CERNY: Because basically I'm fenced in and I have a, and there's a grade and large jungle gym that the oil man and the gas man have already kind of voiced their opinions about kind of climb around to get around so the other way is actually the only way I've ever gotten oil and gas delivered anyway. The other thing is the wood decks are exactly over the preexisting concrete 'slabs that were there. The reason why I built over them was because the concrete walls' around it were all Thomas F. McKenzie P.O. Boz ~-ew Suffolk, N.Y.,llg~6 5..16-734-7971 Town Board Of Appeals Town of Southotd ~*~Y, Au~3st !5, 9.4 To ~qmm it Ma>: Concern, ~ reference ro variance application for property of above named, located on the corner of Fifth St. and Main St., in the town of B'ew Suffolk, ( Appeal # 4258) let it be known that: 1. Overhang on new building will be no more th~n 16". 2. Street side setback to new building requested to be 3~', with 4£t' being given to side with adjacent owner. ( as per Mr. 'villa') · ~. Thank youe -/! ~ Thomas To: SOUTHOLD TOWN BOARD OF APPEALS Att: ~r. Gerard P. Goehringer, Chairman Southold, NY 11971 August 10, 1994 Re: Application No. 42~8 - Thomas t~cKenzle Although our property does not border that of ~;Ir. I~cKenzie's, we are in close proximity. Our house is on the corner of Jackson and Fourth Streets. Inasmuch as Mr. ~cKenzie plans to have one or two horses - thus the variance which includes a horse corral and a building with two horse stalls - we have the following concerns: 1. That the feed for the horses would draw rats. That there would be the smell of the horse urine and manure - especially depending on wind direction, and certainly when wmlking past the property. 3. That the horses would draw considerably more flies, and possibly more mosquitos. That there could be the possibility of well water being affected by the horse excrement. 5. That there could be a downgrading of property value. Therefore, our objections are to having these horses within the hamlet proper of New Suffolk. Respectfully submitted, · Raymond H.' Crouch & ~ane W. Crouch 415 Fourth St. - P.O. Box 275 New Suffolk, NY 11956 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 August 1, 1994 Mr. Thomas F. McKenzie P.O. Box 153 New Suffolk, NY 11956 Re: Appl. No. 4258 - Varlance/Aecessory Building and Use in a Front Yard Location Dear Mr. MeKenzie: We are in receipt of your application requesting a variance for the above-noted project. Enclosed please find a copy of the Legal Notice, as published by our office in the Long Island Traveler-Watchman, Inc. and Times-Review, Inc. The Legal Notice outlines a generalized description of the project proposed, based upon the building inspector's initial Notice of Disapproval, and indicating the date, time and place of the publie hearing on this variance application. You are requested to appear at the public hearing. If you are not able to appear, you r~y have a representative who is thoreughiy familla~, with your property and the proposed project appear in your behslf. The public hearing vdll not start before the ~ime advertised, and you will note ~hat the time between hearings is minimal, although additional time is always available to you for your presentation, if needed. In the event you wish to amend this application which might affect the~ lo,on, setbackS, size, etc. of this project, you will be required-Fo~-obI~ ~kn amended Notice of Disapproval from the Building Inspector to reflect the changes, and also will be required to give further notice to adjacent property owners, and amended publication in the same ~nner as the iniiial application. State law mandates that amended appeals be processed in the same manner as the ori~nal appeal. Please feel free to carl our office if you have any questions or Page 2 - Appeal No. August To: Mr. Thomas McKenzie Re: Variance for Horse Barn and Corral Area wish to update/review your file prior to the hearing date. You may add any documentation to support your application that you feel is appropriate. Very truly yours, Linda Kowalski, Clerk Board of Appeals P.S. As early as possible, please stake the proposed corners of the corral aiwa and new building for Board Member inspections (prior to August 10, 1994). P.S.S. Also, enclosed is a copy of a reply from the property owners in objection to your variance request. The property owners are nearest the proposed project. tllllllllll//IIIIL_II H o~TI-'l EL6VATIOr'4 ~:-~,¢u'F H -EL~SVA?'IO N ~__..~__~14P~ "A-AI' · HO~-TH ~LFWATIOM ELF_NATION PUBLIC HEARINGS , NOTICE IS HEREBY GIVEN, pursuant to S~tion 267 of the Town Law and the Code of the Town of Southold, that the following eddi: fional public hearinl~s will be held by the SOUTIlOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 5309S Main Road, Southold, New York 11971, on WEDNES- DAY, SEPTEMBER 7, 1994 com- mencing at the time specified below: 7:55 p.m. Appl. No. 4267 -- ANN M. SHANNON. Variance to the Zoning Ordinance, Article IliA, Sec- tion 100-30A.3 for permission to con- struct addition which will exceed 20% lot coverage. Location of Property< 2??5 Marratooka Road. Matrituck, NY; County Tax Map Parcel No. 1000-123-2-26. 8:00 p.m. Appl. No. 425g -- THOMAS F. MeKENZIE. (Continued Heafing)~ Pmpesed horse barn, Jackson St. & Fifth St., New Suffolk. 'fhe Board of Appeals will at said time and plac~ bear any and all per- sons or representatives desiring to be heard in the above matter. Written comments may also be submitted prior to thc conclusion of thc subjec~ hearing. Each heating will not start before the times designated. If yoh wish.to review any of the above files or would like to request more inf~- marion, please do not besi~ate to call 765-1g09 ~t visit our office. Dated: August 19, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN ~y Lieda Kowalski, 8040-tTAu25 STATE OF N~ YORK) ) SS: UNTY OF SUIc~'OLK]  of Mattituck. in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at M. ttituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the Annexed is a printed copy, hss been regular- ly published in said Newspaper once each week for ] weeks successively, e..os}amcncing on the ~.~_.~day of~..~19.~. CHRISTINAVOUNSKI fl I, .:,,"~,A~ t. 'bg lA.D Notmy Publk;. State of Now Yo~ ;~ Ousti~°~fl Suffo~5004884~ ~(~ Principal Clerk Page 45-Hearing Transepts Regular Meeting of September 7, 1994 Southoid Town Board of Appeals MEMBER VILLA: MEMBERS: Aye. Second.MR. CHAIRMAN: All in favor? 9:12 P.M. ~o. 4298 ' THOMAS~*t~. ~clt~I~IE. MR. CHAIRMAN: The last hearing of the, agenda is a rec~vene hearing and the last meeting a couple of neighbors were not present and that is the McKenzie hearing. I'll reconvene the hearing. I see Mr. McKenzie as not being here and we will ask those nice people in the audience to voice their concerns. Gentleman in the striped shirt I think was .... . I said that you want to voice your concern over the McKenzie. JOSEPH FUDJINSKI: Yes, is this part of the meeting now? MR. CHAIRMAN: Yes, yes~ Use the mike and just state your name if you would Sir. JOSEPH FUDJINSKI: Good evening. My name is Joseph Fudjinski. My wife and I own property that abuts the whole area of the proposed barn, garage and storage area and horse corral, 150 feet of all right next to my property. My property is known as "Whitecap" in Suffolk. I rent, furnish, 6 furnished summer apartment. The place has been in business for 65 years. I have operated it for 28. This represents a very bad thing for me. The problem with the horses is, is almost self evident. The horse manure, flies, the urine. All of act, one whiff of it and my business is down the tube. Another problem is the new septic we have are very shallow aquifer. Only 18, 15, 18 feet down, Page 46-Hearing Transcripts Regular Meeting of September 7, 1994 $outhold Town Board of Appeals just a bed of gravel and I don't know what the results would be of constant urination, defecation, whatever they happen to be on, the water on the water sept supply on that there. One of my buildings, my main house is on the 30 feet from the property line and two ( ) and two apartments and they'll be exposed to the odors ail of the time. My main cottage, there's an upstairs and a downstairs is 4 rooms in one and 3 rooms in the other is only 8 feet from the property line. M~J well is 20 feet from the property line, 8 foot off the main road and it will be right, it wilt be within 40 feet of the 50 feet of the horse corral area so the combination of the odors, possible contamination of the water just makes it a very poor idea I think, plus this building if any of you have been there is on, it's the south east corner of where the blinker is. It's a very, busiest corner in New Suffolk and those horses won't get much sleep sometimes. It's, it's, it's a crazy idea. We do have a horse farm and it's a, it's situated and abuts the remaining 5 or 6 acres of the farm. We have a farm that comprised almost ali of New Suffolk years ago and that's a long way from us and it's a long way from across the street from any ( ) houses and like that. But, that does exists but this one is very close. My water, I comply with all the town, county, state regulations. My water is tested once a year. The two restaurants, the water is tested once a year. My water is found to be uniformly the highest quality. Restaurants have a great deal of trouble because they, they're only one block. The wells I think are about a block off First Street, they're up on Second Street, I think, and one owner was telling me he had to, to just recently put in three wells so I don't know how the nitrates, nitrates, whatever it is from Page 47-Hearing Transcripts Regular Meeting of September 7, 1994 ~outhold '~'own Bo~l,~f olr Appeals the, north road and fertilizing now. a well dug and the urine would work on that. I know farmers who farm on the have used maybe animal manures for even a, artificial When they go to sell a parcel off and they have to get they can present it as, apparently when they sell the parcel the home ( ) you have to have a road dug already to get it improved and some of them have to dig 2 or 3 wells before they get a well that's pure. They go down hundreds of feet. But, this~ this presents a very big problem to me. I would hope that the Board will deny the variance. It's just too smali an area. MR. CHAIRMAN: Does anybody have any questions of this applicant? BOARD SECREATRY KOWALSKI: Well he's not the applicant. MR. CHAIRMAN: I mean of this neighbor rather? Could be anything tonight after what has occurred. Anybody? No, no. All right, we thank you Sir. Is there anybody would like to speak? All right. JANE CROUCH: We know he's going to put two horses in and he told us that a month after he moved in and we're kitty-cornered. You have my letter I think. MR. CHAIRMAN: Right. Can you state your name for the record. JANE CROUCH: Jane Crouch and Raymond Crouch. MR. CHAIRMAN: All right. I just want you to aware that of course the application that's before us is for the, is for the barn. All right. JANE CROUCH: It's for a variance. BOARD SECRETARY KOWALSKI: And the horse corral too. MR. CHAIRMAN: And the horse corral, right. JOSEPH FUDJINSKI: The barn specifies two horse stalls. MR. CHAIRMAN: But, I'm just saying ...... . Page 48-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals JOSEPH FUDJINSKI: And, and specified the horse corral. BOARD SECRETARY KOWALSKh need a variance. MR. CHAIRMAN: They both need a variance. horse there without a variance. BOARD SECRETARY KOWALSKI: No, that's part of the variance too Jerry. rear yard. MR. CHAIRMAN: stand corrected. the Notice of the Public Hearing They both, they both That's right. He of course could put a no he can't. It's front~.yard, Horse corrals must be in the Oh! Yeah! 40 feet from any lot line. You're right. I JANE CROUCH: ........ I just wanted say too. We've ( ) the Health Department Services and when we rent our carriage house out we cannot keep anything, not even the lawn mower in the apartment, in ( ) there and he's going to have a two car garage and a barn and something to store hay? What about the possibility of a fire, and rates, and all of these other things that come in an animal so close? MR. CHAIRMAN: All right. Thank you. Is there anybody else would like to speak? Seeing, yes ma'am. BETTY GILL: I'm just up the street to those people. MR. CHAIRMAN: Could I have your name dear? BETTY GILL: I live 14 Jackson. I know over the years other people have owned that property ( ) and put up a building there and they have been turned down, both times. Now, this man wants to put two buildings plus a corral, wants animals. It's right in the middle of residences. There's plenty of area he could have bought with plenty of Page 49-Hearing Transepts Regular Meeting of September 7, 1994 Southold Town Board of Appeals land, acre. MR. he didn't have to come down here and buy that. It's less than an CHAIRMAN: Thank you. All right, hearing no further comment I'll make a motion closing the hearing, reserving decision until later. MEMBER VILLA: MR. CHAIRMAN: MEMBERS: Aye. Second. All in favor? 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 additional 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 WEDNESDAY, SEPTEMBER 7, 1994, com- mencing at the times specified below: 7:55 p.m. Appl. No. 4267- ANN M. SHANNON. Variance to the Zoning Or- dinance, Article IIIA, Sec- tion 100-30A.3 for permis- sion to construct addition which will exceed 20% lot coverage. Location of Pro- perty: 2775 Marratooka Road, Mattituck, NY; Coun- ty Tax Map Parcel No. 1000-123-2-26. 8:00 p.m. Appl. No 4258- THOMAS E McKENZIE. (Continued Hearing). Pro~ posed horse barn. Jackson St. & Fifth St., New suffolk 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 i subject hearing. Each hearing will not start befor~ the times designated above. If you wish to review any of the above or would like to re- quest more information, please dO not hesitate to call 765-1809 or visit our office. Dated: August 19, 1994. BY-ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By: Linda Kowalski 1X4/25/94(1) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, beinG'duly sworn says that she is the Editor, of th. TRAVELER-WATCHMAN, a publf~ newspaper printed at Southold, i~ Suffolk County; and that the notic of which the annexed is a printe copy, has been published in sai Traveler-Watchman once each wee for ................ . ............ week succe~ively, commencing on th, day ~j of ...... ~ ...... 19. Swan to before me on thi: < ay of Notary Public BARBARA A. ~HN£11~R NOTARY PUBUC, S~ate of New York No. ~ 0,?~ Qualified in Suffolk Co.dy Commission Expires ~o/~,q~6 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 August 18, 1994 TO: Applicant(s) or their Agent Re: Application before the Beard of Appeals We are in receipt of your applieation requesting a review and action by the Board of Appeals. Your application has been placed on our next hearings calendar of September 7, 1994 and 'Beard Members are expected to view the area in question prior to the hearing. Enclosed please find a copy of the Legal Notice, as published by our office in the Long Island Traveler-Watchman, Inc. and Times-Review, Inc. The Legal Notice outlines a generalized description of the project proposed, based upon the building inspector's iikiti~l Notice of Disapproval, and indicating the date, time and place of the public hearing on this application. You are requested to appear at the public hearing. If you are not able to appear, you may have a representative who is thoroughly f~millar with your property and the proposed project appear in your behalf, or you may request a postponement. The public hearing will not start before the time advertised. Also, you will note that the time between hearings is minimal, however, additional time is always available to you for your presentation, if needed. Please feel free to eaH our office if you have any questions or wish to update or review your file prior to the hearing date. You may add any documentation to support your application that you feel is appropriate. Very truly yours, Board of Appeals Enclosures APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 August 1, 1994 Mr. Thomas F. MeKenzie P.O. Box 153 New Suffolk, NY 11956 Re: Appl. No. 4258 - Variance/Accessory Building and Use in a Front Yard Location Dear Mr. MeKenzie: We are in receipt of your application requesting a variance for the above-noted project. Enclosed please find a copy of the Legal Notice, as published by our office in the Long Island Traveler-Watchman, Inc. and Times-Review, Inc. The Legal Notice outlines a generalized description of the project proposed, based upon the building in~pectorts initial Notice of Disapproval, and indicating the date, time and place of the public hearing on this variance application. You are requested to appear at the public hearing, if you are not able to appear, you my have a representative who is thoroughly familial, with your property aud the proposed project appear in your behalf. The public hearing will not start before the time advertised, and you will note that the time between hearings is mlnlmnl, although additional time is always available to you for your presentation, if needed. In the event you wish to amend this application which might affect the location, setbacks, size, etc. of this project, you will be required to obtain an amended Notice of Disapproval from the Building Inspector to reflect the changes, and also will be required to give further notice to adjacent property owners, and amended publication in the same nmnner as the initial application. State law mandates that amended appeals be processed in the same manner as the original appeal. Please feel free to call our office if you have any questions or Page 2 - Appeal No. August 1, To: Mr. Thomas McKenzie Re: Variance for Horse Barn and Corral Area wish to update/review your file prior to the hearing date. You may add any documentation to support your application that you feel is appropriate. Very truly yours, Linda Kowalski, Clerk Board of Appeals Enclosures P.S. As early as possible, please stake the proposed corners of the corral area and new building for Beard Member ingpections (prior to August 10, 1994). P.S.S. Also, enclosed is a copy of a reply from the property owners in objection to your variance request. The property owners are nearest the proposed project. JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk July 29, 1994 ZONING APPEAL APPL. NO. 4258 - THOMAS F. McKENZIE Transmitted herewith is Zoning Appeal Appl. No. 4258 - THOMAS F. McKENZIE together with the Notices to Adjacent Property Owners, the Notice of Disapproval from the Building Department, the Short Environmental Assessment Form, a copy of the Survey Map, and a copy of the Site Plan. Judith T. Terry Southold Town Clerk APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4258 Project/Applicants: County Tax Map No. Location of Project: Thomas F. McKenzie 1000-117-9-12 16480 New Suffolk Ave., Southold Town Hall 53095 Main Road P,O, Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 July 29, 1994 New Suffolk, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct garage and stable in front yard area This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town.Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. m6 PRQJECTI.O. NUMeER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) ' 3. PROJECT LOCATION: SEQR PRO SED ACTION: 5. tS ~New [] Ex0ansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF ~ND AFFECTS: I~ltlaJly acres Ultimately acres WH'HA3V'II$ PRESENT LA, NO USE IN VICINITY OF PROJECT? [:~'Reside~tlal [] InCiustrial [] Commercial [] Agriculture [] parkJForest/O;)en space [] Diner t2. AS A RESULT DP PROPOSED ACTION W~LL EX,STING PBRMm^R.ROVAL REOU~RE MODm~CATION? [] Y,, [] No KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete ti~e Coastal Assessment Form before proceeding with this assessment OVER I .(Continued on reverse side) The N.Y.S. Enviro'nmental Quality Review Act requires submission of this form, and an environmental review wii1 be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FO~M INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (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 to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or ~nusual Ia_nd form on the site? 3. Will project alter or have a large effect on an existing body of water? 4. Will project have a potentially large impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or e~dangered plant or animal species? 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological i~portance Or any site designated as a critical envircamental area by a local agency? i0. Will project have a m~jor effect on existing or future recreational opportunities? 11. Will project result in major traffic problems or cause a major effect to existing transportation ' systems? 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? 13. Will project have any impact on public health or safety? 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there pu~l~cj con(roversfy ~Oncerni~g/the project? '7~ ~ ' 'ZBA g/q5 Date. Yes /NO Yes /No · Yes /No Yes ~.No Yes /No Yes No Yes NN~oO __Yes .,~ Yes I/q pE¢OHIC MAIN S. E5'40'30' E. S TREE T / 01. :~' N. 8§'4~'30' ~. 11.16' N AREA = 28,920 sq. ft. -- 39. 9 N. 85'87'00' W. 90.11' JACKSON S TREE T 15161 7b"r~..~'flfJk-~.~'~ P. O. BO~ i MAIN ROAD ' S~UTHOLD, N.Y. 11971 _lC. NO. 49618 CERTIFIF'D TO' IHUMAS McKENZIE TPS ABSTRACT CORP. ( 1755954 ) SUR VE Y FOR THOMAS McKENZIE A T NE W SUFFOLK TO WN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 - 117- 09 - 12 Scale'. 1" = 30' ' Aug. 24, 1992 Prepered /n occordonce w/Ih Ihe minimum slondords lot lille surveys ~ es/obi/shed by lhe L.I.A.L.S. ~nd opproved end odopled for such use by Tile New Yorl( Slole Lend T/lie Association. PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to Section 267 of the Town Law and thc Code of the Town oI Southold. that the following public hearing will bc held by Ibc SOUTHOLD TOWN BOARD OF APPEALS at thc Southold Town Hall. 53095 Main Road, Southold, New York 11971, on THURSDAY, AUGUST 11, 1994, commencing at the times specified below: 4. 7:50 p.m. Appl. No. 4258 -- THOMAS F. McKENZIE. Variance to the Zoning Ordinance. Article IliA, Section 100-30A.4; 100-33; 100- 30A.2(C}(I) and 100-30C(8) for per- mission to locate new accessory building in the front yard area and proposed horse corral area within 40 feet of the property lines. Location of Property: Comer lot at New Suffolk Avenue, Fifth Street and N/s Jackson Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-09-12. The subject premises contains a total lot area of 28,920 sq. ft. and fronts along three streets. The Board of Appeals will at said time and place hear any and all per- sons or representatives desiring to be heard in the above matter. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designaled. If you wish to review the above file or would like to request more informa- tion, please do not hesitate to call 765-1809 or visit our office. Dated: July 29, 1994. BY ORDER OF THE SOUTHOLD 'I~)WN BOARD OF APPEALS GERARD P. GOEHR1NGER CHAIRMAN By Linda Kowalski 8015-1TAu4 STATE OF 1 l YORK) ) SS: OUNTY OF S LK) ~ of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for ~A~ weeks successively, f~o~l~nench~g on the ~--[ day of ~719~_. Notary P~blic, State of New ¥o~t ~ ~ ., ~/~ Principal Clerk day~', NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on, THURSDAY, AUGUST 11, 1994, commencing at the times specified below: ~. 7:50 p.m. Appl. No. 4258- THOMAS F. McKEN- ZIE. Variance to the Zoning Ordinance, Article ILIA, Sec- tion 100-30A.4; 100-33; 100-30A.2(C)(1) and 100-30C(8) for permission to locate new accessory building in the front yard area and proposed horse cor- ral area within 40 feet of the property lines. Location of Property: Corner Lot at Ne%,~.-- Suffolk Avenue, Fifth Street and n/s Jackson Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-09-12. The subject premises contains a total lot area of 28,920 sq. ft. and fronts along three streets. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matter. 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 above file or would like to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: July 29, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By: Linda Kowalski IX-8/4/94(8) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for ...................... ~ ....... weeks success'rely, commencing the /~ ~orn to before me on this .... ? .... day of Notary Public BARBARA k SCHNEIDER NOTARY PUBLIC, State of New No. 480~84~ Quatified i~ Suffolk Commission Expir~,..~/:~ //~ BOARD OF APPEALS, .TQWN OF SOIJTHOI~D In the Matter or the Petitiomof to the Board of Appeals of the Town of Southold TO: , ~ NO~ICE TO ADJACENT P RdPE ~T~Y OT~ER YOU ARE HEREBY GIVEN NOTICE: 1. Th~intention of the undersigned to petition the Board of Appeals of the Town of Southold torequesta ~Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which i~, the subject of the Pe~titign,is Iocate~ a_dja4:ent to_your pre, perry and is des- cribedasfollows: I~'~'O ~)E~O ~[:FOLK tI. vE~.) lg~ & tJFFIJLl~., ~J.7, 3. That the property which is the subi~ct of such Petitio~is located in the following zoning district: ...[..~4'~That h~ such~etitio~, the ~ndersigned wil~request the*f~llowing relief: ~O ~ ~ L :~ ~ 5. Thai the provisions~of the Southold Town Zoning Cod~ applicable lo the rei~ief sought b~'the~er- [ ] Se~on ~80-A, Ne~ Yo~k To~n Law fo~ approval o~ acce~ove~ ~gh~(s)-of-way. 6. Tha~ w~h~n five days from ~h~a~e hereof, a written Ped~ion requesfin~ ~he ret~ef specified above will be filed in ~he Sou~hold Town Clerk's Office al M~in Road Sou[hold, New York and you m~ ~hen and lhere ex~mine ~h~ same durin~ regular office hours. (5~6) 7~5-~809. 7. Tha~ before ~he rel~ef.sau~h~ may be ~r~n~ed a public hearin~ mu~ be he d on ~he matter by lhe · Board o ppea s; zha~ a no[~ce of such hearm~ mus~ be pub shed al leas~ five days pr or ~o lhe d~e of such hearing ~n ~he Suffolk T~mes and ~n ~he Lon~ Island Travel~r-Ma~fi~uck watchman,' new~paper~ publi~ed i~ t~e ' Owners ~ Names: Post Office Address Tel. No. (,~"j~) [Copy of sketch or purposes.] plan showing proposal to be attached for convenience PROOF OF MA~UNG OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAMI~ ADDRESS Receipt for Certified Mail No Insurance Coverage Provided (See Reversel STATE Ol COUNTY u, ur rULl~. J Receipt for Certified Mail No Insurance Coverage Provided mmmem Do not use for International Mail (See Reverse) , being duly sworn, deposes and says that on the __ day of ., 19 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their reSpective names; that the addresses set opposite the names of said persons are the addresses of said persons as~howq on the*curi'e.nt .as~essment, roll of4he Tpw'n of S~o~lhbld that said Notices were mailed at the Un[ted. Siate~s P~ost Of- rice at RI I:: t~ .'5/I ~J:A L J~- .&.~ ,q. J ! 9 3 ~O ' ;that said Notices were mailed to each 6f said perso/ns by (cer tifiecf) ) mail. Sworn to before me/h~s L ~' ~-~ day.of t~.[J..Y_2-.'j , ~.,19 Notary Public I~LENE D.~IOhN;E Notar~ Public, State of New Yo~k No. 4951364 Qual fled n Suffolk County ~ .~ Comm~ss on Expires May 22. 19 (This side does not have to be property owners.) cJmpleted on form transmitted to adjoining ,/ \ \ \ / -- -j, ~L~vAT~c~,I 'biO~TIq ELF__, v.Z,,TI o~ ~mU~H ~AP,~6Er~,/LII LP Ib16