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HomeMy WebLinkAbout4147FAHEY, DONALD E. Jr. 26~75 Hoba~'C Ay., -S~td #4147 P.H. 1/14/93- Deck - rear yard insufficient 64 5' 32 APPEALS BOARD IV[EMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C, Wilton Telephone (516) 765-1809 BOAHDOFAPPEALS TOWN OFSOUTHOLD ACTION OF THE BOARD OF APPEALS 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 Appeal No. 4147: Application of DONALD E. FAHEY, JR. for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of existing deck constructed almost 20 years ago. This deck, under the current zoning regulations, does not meet the required rear yard setback for a substandard parcel in this R-40 Zone District. Location of Property: 2675 Hobart Avenue, Southold, NY; County Tax Map Parcel No. 1000-64-5-32. WHEREAS, a public hearing was held on January 14, 1993 and at said hearing all those who desired to be heard were heard and their testimony recorded (no opposition was received); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, the present use and zone district, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question: (a) is a parcel of land situate along the north side of a Hobart Avenue, approximately 96 feet easterly from Old Shipyard Road, Hamlet and Town of Southold, and contains the following existing nonconformities under the bulk schedule of the current zoning code: lot area at approximately 4,400 sq. ft. lot width (road frontage) at 50 feet 690+- sq. ft. of livable floor area front yard setback at 24'8" rear yard setback at 20+- feet; (b) is improved with a single-family dwelling structure and a very small accessory metal shed located in the rear yard at the northeast corner of the property and wood fence along or near the property lines; Page 2 - Appll No. 4147 · ~at~er of MR. AND MRS. DONALD E. FAYEY, Decision Rendered January 14, 1993 JR. (c) is located in the R-40 Zone District as adopted in the Master Plan revisions dated January 10, 1989. 2. By this application, appellants have requested approval of a 12-3/4 ft. wide by 10-1/2 ft. deep open, low level deck addition located in the rear of the existing dwelling, as more particularly shown on a survey map dated November 6, 1992 prepared by Rampart Surveying, P.C. 3. It is noted for record purposes that the deck was built about 20 years ago (without a building permit), and is not out of character with the lots and buildings existing in this residential area. 4. Article XXIV, Section 100-244B requires a minimum rear yard setback at 35 feet. 5. The amount of relief requested by this application is a reduction from the existing nonconforming setback at 20+- feet to 16'9" at its closest point to the rear property line. 6. The need for this relief would not be alleviated if the subject deck construction were to be located in any other manner on the premises. 7. In considering this application, the Board also finds: (a) that the deck has not been and is not adversely impacting the essential character of the neighborhood; (b) that the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the construction under consideration involves an open deck addition, as exists and shown in the photographs submitted by the applicants {not to be enclosed or roofed - except by formal application), and the grant this variance does not cause or create an increase in any dwelling unit density pertaining to this property or cause a substantial effect on available governmental facilities; (d) that there is no other alternative feasible for appellants to pursue; (e) in considering all of the above factors, the interests of justice will be served by granting the relief requested and as conditionally noted below. Page 3 - Appl. No. 4147 ~at~er of MR. AND MRS. DONALD E. FAYEY, Decision Rendered January 14, 1993 JR. Accordingly, on motion by Member Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT approval of the open deck construction as requested under Appl. No. 4147 (Donald E. Fahey, Jr.) as more particularly shown on November 6, 1992 survey submitted with the application, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The deck remain unroofed and open, as requested and as exists; {There shall be no permanent enclosure of the deck addition (plexiglass or otherwise), other major alteration or placement of a roof - without further ZBA approval}; 2. The deck not be enlarged or expanded, without further ZBA approval. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk GERARD P. GOEHRINGER,/~HAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Diaizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SUPPLEMENTAL NOTICE OF 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 the Code of the Town of Southold, 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 THURSDAY, JANUARY 14, 1993 commencing at the times specified below: 6. 8:00 p.m. Appl. No. 4140 - Application of JOHN CROKOS for a variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to locate structures within 100 feet of the top of the bluff along the Long Island Sound. Location of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. 1000-14-2-3.11. 7. 8:05 p.m. Appl. No. 4147 - Application of DONALD E. FAHEY, JR. for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of existing deck constructed almost 20 years ago. This deck, under the current zoning regulations, does not meet the required rear yard setback for a substandard parcel in this R-40 Zone District. Location of Property: 2675 Hobart Avenue, Southold, NY; County Tax Map Parcel No. 1000-64-5-32. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 14, 1993 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. For more information, please call 765-1809 or visit our office. Dated: December 21, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x 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 NOTICE OF HEARINGS SCOTTL. 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 the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, South01d, New York 11971, on THURSDAY, JANUAR~ 14, 1993 commencing at the times specified below: : 1. 7:32 p.m. Appl. No. 4141 - Application of ALICE BENNETT for a Variance to the Zoning Ordinance, Article III, Section 100-33 (and as amended December 4, 1992) for the placement of an accessory garage in the front yard area with a setback at less than the required 60 feet in this R-80 Zone District. Location of Property: 2725 Soundview Avenue, Peconic, NY; County Tax Map Parcel No. 1000-68-1-10. 2. 7:35 p.m. Appl. No. 4146 - Application of FREDERICK E. HULSE, JR. and JOYCE HULSE for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate proposed addition with a reduction in the southerly side yard at less than the required ten (10) feet. Location of Property: 235 Sunset Lane, Greenport, NY; County Tax Map Parcel No. Page 2 - Notice of rings Southold Town Board of Appeals Regular Meeting of January 14, 1993 1000-33-4-49. The subject premises is substandard in lot area and is located in the R-40 Zone District. 3. 7:38 p.m. Appl. No. 4145 - Application of JOHN S. McGEENEY and EDWARD F. RODENBACH (as Trustee) for a Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of a reduction of the lot area of an existing parcel, with an increase of the lot area of the adjoining parcel, in this proposed lot-line change. Location of Property: South Side of Crescent Avenue and the north side of Avenue "B," Fishers Island, NY; County Tax Map Parcel ID Nos. 1000-6-2-5 and 6. Each lot as exists is shown to substandard in lot area and is located in the R-80 Zone District. 4. 7:45 p.m. Appl. No. 4144 - Application of SPECTACLE RIDGE, INC. for a Variance to the Zoning Ordinance, Article III, Section 100-3iA(i) for permission to establish second residential use in the proposed accessory barn building {located in the front yard area as per Appl. No. 4132A, decision rendered November 9, 1992} as living area for family member or guests, and domestic servant (in one unit). Section 100-31A(1) provides for single-family use, Location of Property: Map No. 1000-84-01-02. not exceeding one dwelling per lot] 14990 Oregon Road, Cutchogue; County Tax The subject premises is zoned Agricultural-Conservation and contains a total area of 19+- acres. Page 3 - Notice of ~rings Southold Town Board of Appeals Regular Meeting of January 14, 1993 5. 7:55 p.m. Appl. No. 4142 Application of ADAM ASSOCIATES~ INC. for a Variance under New York Town Law, Section 280-A for approval of access for emergency and fire vehicles over a private right-of-way extending off the easterly side of Cox Neck Road, Mattituck in an east-west direction a distance of approximately 616.30 feet. The subject right-of-way is referred to on the County Tax Maps as part of Parcel No. 1000-113-14-11 and is situated 670+-feet north of the intersection of C.R. 48 (North Road) and Cox Neck Road. The parcels to which access is requested in this application is identified as County Tax Map Nos. 1000-113-12-10-1, 10.3, 10.2, 9, 8; (and Parcel No. 1000-113-14-11 restricted for park and recreation area use). All areas of access are located in the R-80 Residential 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. For more information, please call 765-1809 or visit our office. Dated: December 21, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRFLAN By Linda Kowalski x FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To Donald E. Fahey, Jr. P.O. Box 777 Eastport, N.Y. 11941 Date December 16, ........................... 19 92 PLEASE TAKE NOTICE that your application dated ...,...~C..~m..E.R..1.67. ......... 199.2.... for permit to . .F.O.R .A¢.IW. CIC~DIIION 2675 HOBART AVE. SOUTHOLD, NEW YORK Location of Property .............. House No. Street Hamler County Tax Map No. 1000 Section ... 64 Block 5 . Lot 32 Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds ............................... ~ ARD~'~A INSUFFICIR..~. P~. AR Y S SET FORTIt IN 'l'U~. BULK SClffiDULE FOR I~SIoENTIAL DISTRICTS UNDER 'l'~fl~ R-~O ZOla. ACT.ION REQUIP~D BY 1'~ ZONING BOARD OF APPEALS. Inspector RV 1/80 · t~IC:IIVIO TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF-t3UILDING INSPECTOR APPEA' NO. DATE 12/09/92 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (w K ................ of ...... Name of Appellant Street and Number EASTFORT, N. Y. ......................................................................................................................... HEREBY APPEAL TO Municipality State WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (X) DONALD E. FAHEY,JR. Name of Applicant for permit of 15 JODI DRIVE, (P.O. BOX 777) EASTPORT, N.Y. Street and Number Municipality State PERMIT TO USE PERMIT FOP, OCCUPANCY FOX . 1. LOCATION OF THE PROPERTY ...... ~..6..7..5....~,.O.~.~..:.A.,~,~,~.;...,8..,O.~,?.~,,O.~.~ .............. Z~.~-...~..~...~z~n(~ Street /Hamlet / Use District on Zoning Map District ]000 Section64 Block 5 Lot 32 ~ rent: ........................................................ cur 0~ner DONALD E. FAHEY, JR. Map No. 'Lot No. Prior Owner DONALD E. FAHEY, SR. (DECEASED) 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zonin_g,~)r~ij. nance by number. Do not quote the Ordinance.)X 3. ~PE OF APPEAL Appeal is made herewith for (please check appropriate box) (~) A VARIANCE to the Zoning Ordi~nce or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York T~n Law Chap. 62 Cons. L~s Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal 0~L~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit [ ) request for a variance and was mode in Appea! No ................................. Dated ............................. , ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X]O A Variance to the Zoning Ordinance is requested for the reason that A CERTIFICATE OF OCC'UPANCY FOR PRE-EXISTIN. G USE CAN EVENTUALLY B'E ISSUED IN ORDER TO FINIALIZE REQUIREMENTS FOR SALE OF AF.OREMENTIONED PROPERTY. THE VARIANCE APPROVAL WOULD CORRECT A MISTAKE MADE BY MY PARENTS ALMOST 20 YEARS AGO (DECK CONSTRUCTED WITHOUT BUILDING PERMIT' AND IS TOO CLOSE TO THE REAR PROPERTY LINE). Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- so~ HARDSHiP because THE DECK WHICH SIMPLY MEASURES IO ' X/~' WAS CONSTRUCTED BY MY PARENTS APPROXIMATELY 20 YEARS AGO. THE DECK BLENDS WELL INTO THE SURROUNDING YARD AND OFFERS TWO ENTRIES INTO THE HOUSE. IT OFFERS SPACE TO PLACE A SMALL PICNIC TABLE,AND ALLOWS A SCENIC VIEW OF SOUTHOLD BAY. ALTERING THE DECK TO STRICTLY COMPLY WITH THE APPLICABLE ORDINANCE WOULD REDUCE THE SIZE OF THE DECK AND NO LONGER ALLOW ROOM TO PLACE A PICNIC TABLE, HENCE REDUCING THE VALUE OF THE "DECK" TO A SIMPLE WALKWAY FOR ENTRY TO THE HOUSE. TOTALLY REMOVING THE DECK WOULD REQUIRE NEW CONSTRUCTION OF SOME FORM OF "STEPS" TO BOTH ENTRIES. THE PROPERTY IS PRESENTLY UNDER CONTRACT TO BE SOLD AND UPON CONSULTATION WITH THE BUYERS, THEY HAD REQUESTED THAT A VARIANCE BE PURSUED TO LEAVE THE DECK AS IS. I AM FEARFUL THAT ~ ANY ALTERATION OF THE DECK COULD POSSIBLY HAVE ONLY A NEGATIVE IMPACT ON THE SALE. 2. The hardship created is UNIQUE and is not shared by oil prope~ies alike in {he immedio~ vicinity ofthis property and in this use district because IT IS A HARDSHIP CREATED BY MY PARENTS APPROXIMATELY '20 Y'EARS AGO AND WAS UNKNOWN TO ME UPON ~NHERITING THIS HOUSE UPON MY FATHER.'S DEATH. IT WAS ONLY W~EN TH.~ BUILDING INSPECTOR CAME TO %NSPECT THE .HOU.SM'FOR THE PURPOSE OF ISSUING A CERTIFICATE OF OCCUPANCY'FOR PRE-EXISTING USE THAT I BECAME AWARE OF THE PROBLEM. I NOW SEEK.TO CORRECT THAT PRoBLE~"~N-~'MANNER AGREEABLE TO ALL PARTIES CONCERNED. . · 3. The Variance would observe the spirit ofthe OMinance and WOULD NOT CHANGE THE CHARACTER OF THE DIsIKICTbecause IN MY OPINION THERE IS NOTHING MORE COMMON OR APPROPRIATE TO AN'AREA NOTED FOR ITS SUMMER VACATIONING APPEAL THAN A DECK TO ENJOY A SUMMER BARBEQUE AND SCENIC VIEWS OF THE BAY. THE DECK MITS WELL INTO THE SURROUNDING LANDSCAPE,. ITS SIZE IS WELL.IN PROPORTION TO THE SMALL PROPERTY SIZE, AND IT HAS BEEN WELL MAINTAINED OVER THE Y.EARS, · STATE OF NEW YORK ) COUNTY Of SUFFOLK ) Sworn to this '. ......................i...~::~ ...... doy of......D.?...C.~..B..E...R. ............................. 19 9 2 Notary Public CI.AII~ !. GLEW I~ 4879606 TOWN OF $OUTHOLD ~I~OPERTY RE~D CARD OWNER STREET '~7 ~ 'J, ~:' N VILLAGE DISTRICT SUB. ACR G S W TYPE OF BUILDING RES. ,~/0 SEAS. CAMM· I IND. I CB. MISC. Est. Mkt. Value LAND IMP. REMARKS VL. FARM TOTAL DATE · AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value 2 Tillable Tillable Tillable Woodland 3 Swampland Bru,shland House Plot FRONTAGE ON ROAD BULKHEAD DOCK Total :. /G~,~O: ~G}¢ Foundation ~.~ (~ o, Bath ?'~xtensi°n ~eXAD.- zr'o~O\ G~O 3.~ aooeo Basement f~ Floors Extensia~n "/ Ext. Walls $~ Interior Finish Extension Fire Place ) t 0 Heat · Porch Rooms 1st Floor ireeZeway , .- . , Patio Rooms2ndlFIoor JAMESPORTo I-I., N.Y, I'1947 suFFOLK cOUNTY january 21, 1993 ToWn of Southold zoning Board of ~ppealS Suf~olk County to llowing application(S) which have been for local to the requirements of Sections A 1A-14 to 53 o~ the referred ~ursuant ~e~l~hnenifn~ should not be construed as Administrati~e Co~issiOn are considered to be a matter the Suffolk goun ;decision of local determinati°~ determination' .~ or a disapproval. either an aPPr°w~*  4147 Fahey, Donald E. yery truly yourS, Arthur M. KunZ DirectOr of Planning Sis ~ GGN:mb 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 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 Pursuant to Article X_rV of the SuffoLk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the SuffoLk County Planning Cumdssion: XX Variance from the Zoning Code, Article IIIA , SectionlOO-3OA. 3 __ Variance from Determination of Southold Town Building Inspector __Special Exception, Article __. Special Permit , Section Appeal No: Aoolicant: Donald E. Fahey, Jr. Location of Affected [~nd: 2675 Hobart Ave., Southold, County Tax Map Item No.: 1000- 64-5-32 Within 500 feet of: 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 Airportapproval of Comments: Applicant is requesting ~m~.~ almost 20 years ago. existing deck constructed Under current zoning regulations, the deck does not meet the required rear yard setback Copies of Town file and related documents enclosed for your review. Dated: January 19, 1993 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 January 15, 1993 SCOTT L. H ARRIS Supervisor Town Hall, 53095 Main Road ~O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. and Mrs. Donald E. 15 Jodi Drive P.O. Box 777 Eastport, NY 11941 Fahey, Jr. Re: Appl. No. 4147 - Deck Variance-Hobart Ave, Southold Dear Mr. and Mrs. Fahey: Please find attached a copy of determination rendered at last concerning your variance application. the Board's findings and night's public hearings It will be necessary for you to return to the Building InSpector and any other agencies which may have jurisdiction on this project for issuance of appropriate permits or other documents. A copy of this determination has been forwarded to the Town Building Department. Also, the Suffolk County Department of Planning has jurisdiction under the Administrative Code of Suffolk County which governs projects within 500 feet of the sounds, creeks, estuaries, county lands, county roads, etc.) and we have transmitted copies of this file for their determination or waiver accordingly. Very truly yours, Linda Kowalski Enclosures Copies of Decision to: Southold Town Building Department Suffolk County Department of Planning SCOTT L. HARRIS SUPERVISOR FAX (516) 765 - 1823 TELEPHONE (516) 765 - 1800 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Present: PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD January 14, 1993 (7:30 p.m. Hearing) HON. GERARD P. GOEHRINGER, Chairman JAMES DINIZIO, JR. SERGE DOYEN ROBERT A. VILLA RICHARD C. WILTON LINDA KOWALSKI, Secretary-Clerk to Board Board of Appeals Page 40 1/14/93 Hearings APPLICATION No. 4147 - APPLICATION of DONALD E. FAHEY~ JR. for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of existing deck constructed almost 20 years ago. This deck, under the current zoning regulations, does not meet the required rear yard setback for a substandard R-40 Zone District. Location of Property: 2675 Southold, NY; County Tax Map Parcel No. parcel in this Hobart Avenue, 1000-64-5-32. 8:32 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a copy of a survey produced by Rampart Surveying Inc. dated November 6, 1992, indicating the house and the approximate size of the deck. I have some photos of the deck area. I have visited the site as well as the Board. The deck in approximate size is ten-three by twelve four and three-quarters inches and it is unroofed. Is there anybody who would like to speak in favor of this application? Sir? You are very welcome to. (No appearance listed on record.) UNIDENTIFIED VOICE: I am Donald Fahey, Jr., and I have no other presentation to make, other than what has already been indicated on the forms. But I am here if you would have any questions. THE CHAIRMAN: Are you selling this house? MR. FAHEY: That's correct. Board of Appeals Page 41 1/14/93 Hearings THE CHAIRMAN: right up to present day, application? MR. FAHEY: That's right. So you are just bringing everything and that is the purpose of the THE CHAIRMAN: Does anybody have any specific objections to this deck? (Board members said No.) THE CHAIRMAN: I offer this as a resolution, gentlemen: To be approved as long as it remains unroofed. (Seconded and carried.) MR. FAHEY: Thank you very much. THE CHAIRMAN: You're welcome. I kind of skipped over people in the audience. I kind of assumed there wasn't anybody who was going to object to it. You didn't look like an objecting group, so-- sLrpPLEMENTAL NOTICE OF HEARING NOTICE IS HEREBY GIVEN, purSuant to Section 267 of ~e Town, Law and the Code of the Town of Southold, the following public hear- ings ~ be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JANUARY 14, 1993: commencing at the times specdied, below: 6. 8:00 p.m. Appl. No. 4140 Applica[ion of JOHN CROKOS for, a Variance to [he Zo~ag Ordinance, Article XXIH, Sec[ion 100-239.4A(1)1 for permission to locate structures[ within 100 feet of [he ~p of the bid[ along the Long Island Sound. Loca-I tion of Propuny: 2110 Grandviewg Drive, Orient, NY; County Tax Map Parcel No. 10~0-14-2-3.11. 7. 8:05 p.m. Appl. No. 4147 -- Application of DONALD l~. FA- HEY, JR. for a Variance to the Zon-' lng Ordinance, Article ]T~A, Sec[ion I00-30A.3 for approval of existing deck con~L,'~cted almost 20 years ago. This deck, under the current zoning regulations, does not meet tbel r~qaimd ~r~r yard setha~ for a sub- standard parcel in this R-40 Zone Dis. trict. Location of Property: 2675 Hobart Avenue, S~thold, NY; Coun- ty T~x Map Parcel No. 1000-64-$-32. The Board of Appeals will at said [irae and place he~r any and all per- sons or rcp~sen~adves desiring to be heard in the above matters. Writteni comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not star[ before thc times designated above. For more information, please call 765-1809 or visit our office. Dated: December 21, 1992. BY ORDER OF THE SOUTHOLE TOWN BOARD OF APPEAL5 GERARD p. GOEHR~NGER CHAI~MA.N By Linda Kowahld 7592-1TO24 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) ~- ~o/U]~C/~'3 of Mattituck, in said County, being doly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMF.~, a Weekly Newspaper, published at Mattituek, 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 tegolaz- ly published in said Newspaper once each week for _{ ~ weeks. Suceessiyely, c..o_mmeneing on the ~,~ro day 0f~(~19 ~'~. Principal Clerk Sworn ilo before me this day of J~-~taJ~19 NO. ~ , ~ I' Qual~ in NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, TOWN BOARD OF APPEALS. 4. 7:(a~p.m. AppL No. 4144 --i Appli¢t of SPECTACLEt RIDGE~I~gC. for a Variance to thei Zoning Ordin~ce, A~cle ~, Sec~ ~ lO0-~lA(l) for pa~ission to cs-~ tabhsh second residen~al use ~ the J proposed accesso~ barn building i ~at~ ~ ~t f~t ya~ a~a as ~r~ AppI. No. 4132A, de,sion r~dered ] Novem~r 9, 1992) ~ Uv~g ama for family member or guests, and d~ mesfic se~t (~ ~e unit). Secfion~ I~-31A(I) pm~des for s~e-f~-I fly use, n~ exceeding ~e dwe~g [ ~r lot. ~fi~ of Pm~: 14990 Oregon Road, Cutehogue; County (and as amended December 4, 1992) Tax Map No. 1000-84-01-02. The for the placement of an accessory ....... · . I suojeot premises ts zonea ^Rncut- garage m the front yard ama vath L turn .... - ' setback at less than the required 60t ~otel am~ of 19~: acres I feet in L~is R-go Zone Distria. Loca-I 5 ? 55 m - i ,.r .... I tion of Property: 27115 Soundview' . 'cat Avenue, Pecomc, NY; County Tax ATES, INC. for a Variance under[ Map Parcel No. I(100-68-1-10. New Yonk Town Law, Section 2g0-A 2. ?:35 p.m. Appl. No. 4146 -- for al~roval o/access for emergency, Application of FREDERICK E. and fire vehicles ov=r a private right- HULSE, JR. and JOYCE HULSE of-way extending off the easterly side for a Variance to the Zoning Ordi- of Cox Neck Road, Mattituck in an nanc~ Afficle Ill, Section 100-32 permission to locate proposed addi- pmxlmately 616.30 fut. The subject. tion with a redu¢,ion in the southed right-of-way is referred to on the side yant at less than the i~.cuired te~ County Tax Maps as l~n of Parcel (10) feet. Location of Pro~nv- 9'I~i No. 1000-113-14-11 and is situated Sunset Lane, Green~n N~: lJ.~.-~,-~. 670i feet north of the intersection o Tax ~ , , C~,v f Map Parcel No, 1000-33-4-49 [ C.R. 48 (North Road) and Cox Neck The subject premises is substandat~ [ Road. The parcels to which access is[ in lot area and is located in the R-40 requested in this application is idcnll-/ Zone Distrlct. fled as County Tax Map Nos. 1000-! 3.7:38 p,m Appl No 4145 [ 113-12-10-1, 10.3, 10 2, 8, 9; (and[ Application ' of '.IO~N ~. [ Parcel No, 1000-113-14-11 restricted] McGEENEy and EDWARD ~" ] for park and recreation area use AE RODENBACH (as Trustee for% areas of access ,relocated m the)~ 8{? ) - Variance to the Zon ng Ordinance, Article III, Section 100-32 for ap- proval of a r~duaion of the lot area of ~ne c, xis ~g pan:el, with an increase of .. Jot a~a of the adjoining parcel in tnl~ proposed lot-line change. carton of Property: South Side of Crescent Avenue and the north side o Avenue "B," Fishers Island, NY County Tax Map Parcel ID Nos 1000-6-2.5 and ~. Each Ici as exists i~ shown to substendard in lol a.,ea an~ is located in the R-80 Z,me Districl. TOWN BOARD OF APPEAL5 GERARD E GOEHRI~GER CHAIRMAN By Linda Kowalski 7590-1TD24 STATE OF NE~ORK) ) SS: COUNTY OF SUFFOLK) ~ ~f~./3r (~t'~ t~_i,..( ~ of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMF.~, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Su~fulk 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 wcek for ~ weeks successiyely, commenoing on the ~ day of'~¢ce~N_.9~Z-: . Sworn to before me this 2.~r& CHRIS 1 INA VOUNSKI ~a~ Public, S~ate ~ N~ York ~o. 5~8~ Qualified in Suffolk ~un~ ~l~ion Expires No~ 23, 1~, Principal Clerk 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 $OUTHOLD 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 WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office at the above telephone number, or to stop by between 8:00 a.m. and 4:00 p.m. Monday through Friday, if you have any questions or wish to update your file prior to the day of the hearing. Attachment (Legal Notice) APPEALS B 0 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 Copies to the following on or about 12/21/92: 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 L.I. Traveler-Watchman, Inc. (pers. delivery) Suffolk Times, Inc. (fax transmission) Mr. and Mrs. Fred Hulse 235 Sunset Lane Greenport, NY 11944 Ward Associates, P.C. 1500 Lakeland Avenue Bohemia, NY 11716 Mr. Garrett A. Strang, R.A. P.O. Box 1412 Southold, NY 11971-1412 Richard E. DePetris, P.O. Box 716 Aquebogue, NY 11931 Esq. Mr. John Sandgren Keller-Sandgren Associates 10 Mineola Avenue Roslyn Heights, NY 11577 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 ZBA Individual Files ZBA Members with copies from each file Original Legal Notice and Supplemental legal Notice Posted on Town Clerk Bulletin Board 12/21/92 Mr. Donald E. Fahey, P.O. Box 777 Eastport, NY 11941 Jr. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa 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 December 18, 1992 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4]47 Project/Applicants: County Tax Map No. Location of Project: Donald E. Fahey, Jr. 1000- 64-5-32 2675 Hobart Ave., Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Approval of existing deck built 20 years ago. Under today's requirements, the deck has an insufficient rear yard. It is a subst[Qqard lot in a R-40 Zone ~nls Notice is issued pursuant to Part 617 of the impla,v~nting 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. mc 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: December 18, 1992 RE: Zoning Appeal No. 4147 - Donald E. Fahey, Jr. Transmitted herewith is Zoning Appeal No. 4147 of Donald E. Fahe¥ Jr. for a variance. Also included is Notice to Adjacent Property Owners; Notice of Disapproval from the Southold Town Building Department, dated December 16, 1992; copy of Construction Plan; copy of survey; ZBA Questionnaire; and Short Environmental Assessment Form. Judith To Terry Southold Town Clerk (SEE OVER) 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION ('To be comDteted by ADi31icant or Project sDonsor) 1. APPLICANT/SPONSOR I 2. PROJECT NAME[ DONALD E. FAHEY,JR. I /0 ' x/~' 3. PROJECT LOCATION: Mu~ticJoalt~ VILLAGE OF SOUTHOLD co.my SUFFOLK REDWOOD DECK SEQR 2675 HOBART AVENUE, SOUTHOLD SUFFOLK COUNTY TAX MAP DIST.1000 SECT.64 BLOCK 5 POT 32 5. IS PRO~EED AG~ON: [] New [] ExDansmn ~ Modlflcatlonlalte~tio, E. DESCRIBE PROJECT BRIEFLY: CONSIDERATION TO HAVE AN EXISTING REDWOOD DECK MEASURING /O ' x~ ' TO REMAIN AS IS. DECK BUILT APPROXIMATELY 20 YEARS WITHOUT A BUILDING PERMIT AND TO CLOSE TO REAR PROPERTY LINE. 7. AMOUNTOFLANDA~F~C~D: sq. rt. WILL PROPOSED ACT;ON COMPLY WITH EXISTING ZONING OR OTHER EX BT NG LAND USE RESTRICTIONS? [~Y'$ ~ZNo IINo. des¢~it~eonefl¥ BY FILING FOR ZONING VARIANCE, OWNER SEEKS COMPLIANCE DOES ACTION INVOLVE A PERMIT APPROVA~ OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDE~ STATE OR LOCAl? ~ YO~ ~ NO If yes. list agency(s) an~ DatmlUaDDtOvals BUILDING PERMIT DENIED BY TOWN OF SOUTHOLD, CERTIFICATE QF OCCUPANCY FOR PRE-EXISTING USE DENIED, THUS VARIANCE REQUESTED ~Y,, ~o N/A I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE[ BEST OF MY KNOWLECGE A,,ttca..~o.~-~ DONALD E. FAHEY.JR. ' ~ ' _ .... / II the acfian i~ in the Coastal Area, and ~ou are ~state agency, camplete C~sI~e~me~ ~ b~ote p~ecoe~g with this assessment OVER 1 -(Cont~nuad on reverse s~de) The N.Y.S. Environmental Qualit? Review Act r~quires project and the likely impacts of the action. It is not expected that (h) 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) Environmental Assessment 1. Will project result in a large physical change than 10 acres of land? ' - 2. Will there be a major chan=e to any unicue or un~ual land 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 6. Will ' affect any threatened or endangered- plantpre]eot 7. Will project result in a major adverse effect on air quality? .. known to be important to the community? ~Yes X.___NO 9. Will project adversely impact any site or struct- envircamental area by a locil agency? .___Yes XNo 10. Will project have a m~jor effect On existing or future recreational opportunities? .~Yes X._._No 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 14. Will project affect the existing community by ~Yes charact~-~ of the community or neighborhood? 15. Is there~_ub~lio controvers_~_~:oncernln the QUESTIONNAIRE FOR FILI~G 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.) DONALD E. FAHEY JR. B. Is the subject premises lister on the real estate market ~or sale or being shown to prospective buyers? { X } Yes ( } No. (~f Yes, p]~a ~ch c~D!7 o~ "conddt~nns" of sa~e.) C., Are there =~ %Truposals tD =hange ~rr alter l~nd cuntcu~u? { } Yes ~ No D. 1. Are there any areas which contain wetland grasses? NO 2. Are the wetland areas shown on the map submitted with this application? N/A 3. Is the property bulkheaGed between the wetlands area and the upland building area? N/A 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N/A E. is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? __NO (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fencas which e~=t and are not ~huwn cn the survey map that you sUbmitting? ~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? NO 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 alsd own other land close to this parcel? NO If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel RESIDENCE proposed use SAME and 3/87, 10/901k § 97-13 Wt~TLANDS § 97-13 TOWN ~ The Town of Southold. TRUSTEES -- The Board of Trasteee of the Town of Sou~hold. [Added ~-Ii-84 by L.L. No. 6-1954! 'W~ ~'i~-A-X~DS ['Amended 8-26-76 by LL. No. 2-1976; 3-26- ~r ~{DAL WETLANDS: (I) All ~nds generally covered o~ inmrmi~en:ly cov- ered w~th, or which border on. tidal wam~. or lands lyin~ beneath tidal wa~ers, which a: mean low tide are covered by tidal wa~ers ~ a maximum dep:h o~ five (~) feel includin~ bu~ no: Hmi~ed ~ bogs. sal~ mgrsh, swamps, meadows, flare or o:her low lying lands subject ~ tidal action; (2) All banks, bogs. meadows, fla~ and tidal marsh subject to such tides and upon which grows or may grow some or any of the followin~ sal~ hay. black g~. saltworm, sea l~vender. ~11 cord~s, high bush. cat,ils, groun~eL m~a~nUow ~d ~w (3) All ~d immediate~ udjacen: ~ a tidal W~tand defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (I) resnwater wetlands" as defined in Article 24. tie 1. ~ 2.1-0107. Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the S~te of New York; and (2) All land immediate6, adjacent to a "freshwater wet- aa. as defined in Subsection B(1) and lying with- in seventy.five (75) feet ]a,dward of the most land- ward edge of a "freshwater wetland." 9705 z.~s.ss HD · SOUTNOLD [ / / / / I / .\ \ \ \ \ \ 4~) COUNTY OF SUFFOLK I---SOUTHOLO __J. ~cz~.o Real Property Tax Service AgencyI .... J 06Z]. ,/ BOARD OF APPEALS TOWN OF SOUTHOLD SUPPLEMENTAL NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by Ihe SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall; 53095 Main Road, Southold, New York, 11971, on THURS- DAY, JANUARY 14, 1993, com- mencing at the times specified below: 6. 8:00 p.m. Appl. No. 4140- Application of JOHN CROKOS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to locate struc- tures within 100 let of the top of the bluff along the Long Island Sound. Location of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. fFAfill0-14-2-3'11' . 8:05 p.m. Appl. No 4147- lication of DONALD E. EY, JR. for a Variance to the Zoning Ordinance, Article IliA, Section 100-30A.3 for proval of existing deck con- structed almost 20 years ago. This deck, under the current[ zoning regulations, does not\ meet he reqmred rear yard set- back for a substandard parcel in this R-40 Zone District. Loca- tion of Property: 2675 Hobart Avenue, Southold, NY; County Tax Map Parcel No. 1000-64-5-32. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more in- formation, please call 765-1809 or visit our office. Dated: December 21, 1992 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN ~.- By: Linda Kowalski IX-12/24/92(56) (iX)UNIY OF SUFFOLK % I A I F ()F NFW Y()I>.. t-i I>atricia Wood, being duly sworn, soys thai she is thc Editor, of I'FIE LONG ISLAND I-RAVELER-WAICHNIAN, a public newspaper p~inted at Southold, in Suffolk Counts; suc<essivel4,, cornnlcncm/; on the .......... ye ? ..... Swottr 1¢) I)cl'olc mc this .......... <.. ~ ........ day ot Notary Public BARBAR^ ^. SCHNEIDER NOTARY PUBLIC, State of r~o,,v York No. 4806846 Qualified m SuIlolk County C~mmissioa Expires o°/3t/q¥ BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBy GIV~ EN, pursuant to Sectign 267 of the Town Law and the Code of the Town of Southdid, 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 THURS- DAY, JANUARY 14, 1993, corn* mencing at the times specified below: 1.7:32 p.m. Appl. No. 414~- Application of ALICE BEN- NETT for a Variance to th~ Zoning Ordinance, Article 111~ Segtion 100-33 (and as amend- ed December 4, 1992) for the placement of an accessory garage in the front yard with setback at less than the required' 60 feet in this R-80 Zone District. Location of Property: 2725 Soundview Avenue,. Peconic, NY: County Tax Map Parcel No. 1000-68-1-10. 2. 7:35 p.m. Appl. No 4146- Application of FREDERICK E. ~ HUt,SE; JR~ AND JOYCE' HULSE for a Variance to the Zoning Ordinance, Article 111, Section 100-32 for permission to, locate proposed addition witl~a. reduction in the southeasterly. side yard at less than the-re~ qnired ten (10) feet. Location of. Property: 235 Sunset Lane, Greenport, NY; County Tax Map Parcel No. 1000-33-4-49, The subject premises is substan-, dard in lot area and is located' in the R-40 Zone District; 3. 7:38 p.m. Appl. No. 4145: Application of JOHN S: McGEENEY and EDWARD E RODENBACH (as Trustee) for.~, a Variance to the Zoning Or: dinance~ Article 111, Section 100-32 for approval of a reduc- tion of the lot area of an existing parcel, with an increase of the lot area of the adjoining parcel, in this proposed lot-line change. Location of Property: South side of Crescent Avenue and the north side of Avenue Fishers Island, N.Y.; County Tax Map Parcel ID Nos. 1000-6-2-5 and 6. Each lot as exists is shown to substandard in lot area and is located in the R-80 Zone District. 4. 7:45 p.m. Appl. No. 4144- Application of SPECTACLE RIDGE, INC., for a Variance to the Zoning Ordinance, Article III, Section 300-31A(!) for per~ mission to establish second residential use in the proposed acCeSsory baFn building {located in the front yard area as per Appl. No. 4132A, decision rendered November 9, 1992) as living area for family member guests, and domestic servant (in one unit). Section 100-3IA(I) provides for single-family use, not exceeding one dwelling per lot. Location of Property: 14990 Oregon Road, Cutchogue; County Tax Map NO. 1000-84-01-02. The subject premises is zoned Argiculturat- Conservation and contains a total area of 19:b acres. 5. 7:55 p.m. Appl. No. 4142- Application of ADAM ASSOCIATES, INC. for a Variance under New .York Town Law, Section 280-A for approval of aCcess for emergency and fire vehicles over a private right-of; way extemfing off the easterly side of Cox Neck Road, Mat- tituck in an east-west direction a distance of approximately~ 616.30 feet. The subject right-of- way is referred to on the Coun- ty Tax Maps as part of Parcel No. 1000-113-14-11 and is situated 670+ feet north of the intersectign of CR 48 (North Road) and Cox Neck Road. The parcels to which access is re- quested in this application fs identified as County Tax .Map Nos. 1000-113-12-10-1, 10.3, 10.2, 9, 8; (and Parcel No. 1000-113-14-11 restricted for park and recreation area use). All areas of access arc located in the R-80 Residential Zone District. The Board Of Appeals will at said time and place hear any and all persons or represenhatives desiring to be heard in each of the above matters. Written corn- COUNTY OF SUFFOLK S'TATE OF NEW YORK SS: Patricia Wood,: being duly sworn, says that she is the Editor, ct' THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; ;ind that tile notice of wllicl~ the annexed is a printed copy, has beer', publishe(I in said I.ong Island Traveler-Watchman once cacl~ week for .................... / ..... weeks chW ol ...... ~~.., 19 ~. S~o,'n t(I befm'c mc Ibis ....... ~.~-~.'.~ ...... day oF Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, Slate o( Rew York No. 4806846 Oualified i~ Suffolk County Commission Expires ~/$t/~ ments may also be submitted prior ~o the conclusion of the subject hearing. Each hearing wilI ~ot start be~9~re the~time~ designated above?For more in: formation,~ plea~ ~ 7654 809 or visit 0ur ~ffiee. ~ ~ Dated: December 21, 1992 BY ORDER OF THE ' SOUTHOLD TOWN BOARD oF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowaiskil~"/ , IX-12/24/92(55) BOARD OF APPEALS, TOWN OF 5OUTHOLD In the Matter or the Petition of ' : DONALD E, FAHEY,JR. : to the Board of Appeals of the Town of Southold : YOU ARE HEREBY GIVEN NOTICE: NOTICE 'TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to peti*,~un t-he Board of Appeals of the Tow~n of Southold to request a (Variance) ~b~]~g~tYog~::~p~G]iL~v~n~i~(:~c:~:~X [circle choice] 2. That the property which is the subiect of the Petition is located adiacent to your prol~erty and is des- crlbed as follows: 2675 HOBART AVENUE. SOUTHOLD. N.Y. 3. Thattheproperty whichisthesubjecfofsuchPetitionislocatedinthefollowingzoningdistrict: DISTRICT 1000 SECT. 64 BLOCK 5 LOT 32 4 Thalb~suchPelilion. theundersignedwillrequestthefollowingreHef: EXISTING DECK CONSTRUCTED BY PARENTS ALMOST 20 YEARS AGO BE ALLOWED TO REMAIN AS IS. 5. That the provisions of the Southold TowD Zoning Code applicable to the relief sour,~t by the under~;,~ ,,a [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. Thal within five days from the date hereof, a written Petition requesting the relief specified above will be filed in ~he Sou~hold Town Clerk's Office at Main Road Southold. New York and you may then and there examine the same during regular office hours. (516) 795-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the B6ard of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the~ right to appear and be hea~;d at such hearing. ' / Dated:' ~ . · · .e,i,gn L ' / ./ Owners'Names: DONALD E FANE¥/.TR. Post Office Address P.O. BOX 777 ~ASTPORT ~N.Y. 11941 Te]. No. (516 } 325-1345 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] BOARD OF APPEALS, TOWN OF SOUTHOLO In the Matter ot the Petition of : DONALD E,' FAHEY,JR. : to the Board of Appeals of the Town of Sou~hold : NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the under5 gned to petition tf~e Board of Appeals of the Town of Southold to request a (Variance) ~fa~:~x~ii~Yo~T~p~G~elfr~i[~c:;-~X [circle choice] ). 2. That the property which is the subiect of the Petition is located adjacent to your property and j~ des- cribed asfollows: 2675 HOBART AVENUE. SOUTHOLD. N.Y. :; . 3. That theproperty which is the subject of such Petition is located in the following zoning district: DISTRICT 1000 SECT. 64 BLOCK 5 LOT 32 That b'~ such Pe6tion, the undersigned will request lhe following relief: EXISTING DECK CONSTRUCTED BY PARENTS ALMOST 20 YEARS AGO BE ALLOWED TO REMAIN ' AS IS. 5. Thal the provisions of the Southold Town Zoning Code applicable t,o th~ relief spught by the under- signed are ~ .. ~~./( ~'C~b~A.¢ ~ ~f,4/7'~, ~)L~r~ET~ - /C~-.~ [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (5].6) 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 Appeal's; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveier-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; Ihat you or your representative have the right to appear and be heard at such hearing. Post Office Address P.O. BOX 777 EASTPORT~N.Y. 11941 Tel. No. (516) 325-1345 [Copy of sketch purposes.] or plan showing proposal to be attached for convenience NAM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 0 0 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ot:J~', ' 1~)~ ~! y/./~/ ; I~eing duly sworn, dep~)ses and says that on the of ~,.P~J-~..~,~-,~r- ,19 ~ ~ . deponent mailed a true copy of the Notice set forth on the 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 addresse~ of said persons as shown on the current 3<sessment mil of the Town of Southold: that said Notices were mailed at the United States Post Of- (certified) (registered) mail. Sworn t before me thls Notary Public CLAI~ L ~nlE~ in Surfak ~u~ ; that said No.lied to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of ' : DONALD E, FAHEY,JR. : tn the Board of Appeals of the Town of Southold : YOU ARE HEREBY GIVEN NOTICE: NOTICE 'TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petttmn the Board of Appeals of the Town of Sourhold to request a (Variance) ~b~E~g~K~rp~XD~eKr~{~Y~c~X [circle choice] ~ That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: 2675 HOBART AVENUE. SOUTHOLD. N.Y. 3. That theproperty which is the subject of such Petition is located in the following zoning district: DISTRICT 1000 SECT. 64 BLOCK 5 LOT 32 4 That b~ such Pelition, the undersigned will request the following relief: EXISTING DECK CONSTRUCTED BY PARENTS ALMOST 20 YEARS AGO BE ALLOWED TO REMAIN ' AS IS. $. That the provisions of the 5outhold Town Zoning Code applicable to the relief souPJat by the under.;o ,,~ [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (5~6) 7. That before the relief sought may be granted, a public hearing must be held on the matter by the B6ard of Appeal's; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the ;:h,:~:~ appears;/; ;~such hearing.~-~'~(~ iPetitiaoner,owners Names: DONA~JR'. PostOfficeAddress P.O. BOX 777 EASTPORT~N.Y. 11941 Tel. No. ~516 ) 325-1345 [Copy of sketch or purposes.] plan showing proposal to be attacheU for convenience PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS II771 P 283 752 784 Receipt for C ~rtified Mail N qsurance Coverage Provided : [ ;t use for international Mail (', F[everse) ST, CO 18 ~ , ~ ~ //~/ , being duly ~o~n. 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 addresse~ of said persons as shown on the current~sms~t ~o1[ of the Town of Southold; that said Notic~ were mailed at the' United States Post Of- ficeat ~l ~ by {certified) (registered) mail. Sworn to~efore me this / ~ Notary Public CLAIRE L GLEW Notmy Public, State of New York No. 4879505 Qualified in Suffolk County Commission Expire~ December 8, 19/../ (This side does not have to be complet'ed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of DONALD E, FAHEY,JR. to the Board of Appeals of the Town of Sourhold YOU ARE HEREBY GIVEN NOTICE: 70 NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Sout~old to request a (Variance) ~b~E~d~dt~p~&~d~feg~~X [circle choice] 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: 2675 HOBART AVENUE. SOUTHOLD. 3. That the property which is the subiect of such Petition is located in the following zoning district: DISTRICT 1000 SECT. 64 BLOCK 5 LOT 32 4 Thalb~ such Petition, the undersigned will request the following relief: EXISTING DECK CONSTRUCTED BY PARENTS ALMOST 20 YEARS AGO BE ALLOWED TO REMAIN AS IS. $. That the provisions of the Southoid Town Zoning. Code applicable to the relief sought by th,e under- [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above wilt be filed in the Southold Town Clerk's Office at Main Road SoUthold, New York and you ma)' then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the B6ard of Appeah; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Post Office Address P.O. BOX 777 EASTPORT~N.Y. 11941 Tel. No. (516) 325-1345 showing proposal to be attached for convenience [Copy of sketch or plan purposes.] NAMI~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P P83 ?, '~. Receipt for%~'~ Certified Ma~ ~ ~ No Insurance Covera~ (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ~~, ~'~ /I ~/ , being duly swo~n, 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 r~pective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current ~msment roll of the Town of Southold; that said Notic~ were mailed at the United States Post Of- (certified) (registered) mail. Sworn to fore me this Jl~,~ Notary PubLic CLAIRE g GLEW Notary Public, State of New York No. 4879505 Qualified in Suffolk County Commission Expires December 8, ; that said Notice~iled ~o each of sailer=ns by (This side does not have to be completed on form transmitted to adjoining property owners.)