HomeMy WebLinkAbout4194
APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOAI{D OF APPEALS
TOWN OF SOUTHOLD
ACTION OF THE BOARD OF APPEALS
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 M,~n Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Appl. No. 4194:
Matter of the Application of RACHEL VOEGELIN for a
Varianceto the Zoning Ordinance, Article III, Section 100-33
for an accessory satellite dish structure, as installed, in the
southerly yard area (known as front yard area under the zoning
definitions). Location of Property: 58473 (ROW off) Main Road,
Southold, NY; County Tax Map Parcel No. 1000-55-6-33.2.
WHEREAS, after due notice, a public hearing was held on
October 18, 1993, and at said hearing all those who desired to
be heard were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, Board Members have personally viewed and are
familiar with the premises in question, its present zoning,
the surrounding areas; and
and
WHEREAS, the Board made the folloWing findings of fact:
1. This is an appeal, filed on September 24, 1993, of the ·
August 17, 1993 Notice of Disapproval by the Building Inspector
requesting a variance for approval of the placement of an
accessory structure (satellite dish) in what is technically
considered the front yard area by the definitions of the
Southold Town Zoning Code.
2. The premises in question is a conforming lot located in
the R-80 Residential Zone District containing a lot area of two
(2) acres. The map submitted with this application shows an
existing one-story/two-story dwelling structure set back 90 feet
from the southerly property line which runs along a 50 ft.
right-of-way (now or formerly of The Edwin Mooney Jr. Living
Trust) abutting the L.I.R.R. Also existing is an accessory
barn (storage) building to the north of the dwelling, and small
accessory (storage) shed situated in the easterly yard area, or
rear yard.
3. The accessory structure which is the subject of this
application is also existing, although not shown on the June 22,
Page 2 - Appl. 4194
Matter of RACHEL VOEGELIN
Decision Rendered October 18,
1993
1993 map (prepared by Roderick VanTuyl, P.C. for a proposed, but
withdrawn and inactive application for a lot-line change). A
rough sketch was submitted during the hearing which confirms the
setbacks to be approximately 60 feet from the westerly property
line, approximately 40 feet from the southerly (front) property
line, and 45+- feet from the open deck area of the house.
4. For the record, it is noted that this structure is
accessory and incidental to the residence. Therefore, the
accessory use of this type of structure is listed as a permitted
use under the provisions of §100-31C.
5. This structure will be in conformance with the height
requirements {at less than 18 feet total from ground to peak}.
6~ It is the position of the Board in considering this
application that the location of this satellite dish structure
is not unreasonable, particularly since the location chosen is
the yard area facing the Long Island Railroad tracks and is not
visible from a street or other dwellings in the area.
7. Also, the Board finds:
(a) the circumstances are not personal to the
landowner and are uniquely related to the property, although the
practical difficulty claimed is self-created;
(b) the requested location of the accessory structure
is not unreasonable and is aesthetically purposeful;
(c) the relief requested is the minimum necessary,
without an impact on the comunity or desired area, and the
variance is not a substantial deviation from the requirements;
(d) the area for this accessory structure is quite
distant from all property lines and other buildings;
(e) this application does not involve a project
re~ques~ting incr_eas~e.d dwe. lli~g unit densi, tY;.
~. ' (f) the relief requested will not cause a substantial
effect on available governmental facilities since the structure
is strictly an accessory structure; . ·
~ (g) the variance will not cause a substantial'chang~
or adverse affect related to'the public health, safety and
welfare which would require strict adherence to the zoning
· standard; and
r
3 - Appl. No. 4194
,~er of RACHEL VOEGELIN
F~ision Rendered O~tober 18,
1993
(h) in view of the above factors, the interests of
justice will be served by allowing the variance, as requested
and further noted below.
Accordingly, on motion by Chairman Goehringer, seconded by
Member Doyen, it was
RESOLVED, to GRANT the relief requested under Appl. No.
4194 in the Matter of the Application of RACHEL ¥OEGELIN for
approval of the location of an accessory satellite dish, as
requested and location and dimensions shown in the photographs
and file documents considered herein.
It is further noted that in the event a building permit and
certificate of occupancy is not properly obtained and issued in
accordance with all provisions of law for this construction
within one (1) year of the date hereof, this variance shall
become null and void, having no effect or validity whatsoever.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio and Wilton. (Member Villa was absent {out-of-town}).
This resolution was duly adopted.
lk
GERARD P. GOEHRINGER, CHAI~M~
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
Town Clerk, Town oi Southol~d___
APPEALS B 0ARD M~MBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF PUBLIC HEARINGS
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, that the following
public hearings will be held by the SOUTHOLD TOWN BOARD OF
APPEALS, at the Southold Town Hall, 53095 Main Road, Southold,
New York 11971, on MONDAY, OCTOBER 18, 1993 commencing at the
times specified below:
1. 7:30 p.m. Appl. No. 4193 - NICK CYPRUS for a Variance to
the Zoning Ordinance, Article XXIV, Section 100-244B for
permission to construct garage addition with a reduced westerly
side yard at less than the required 10 feet, and total sideyards
at less than 25 feet. Location of Property: 1100 Sound Beach
Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-4.1.
The subject premises is a nonconforming, substandard lot having
an area of approximately 18,500 square feet, located in the R-40
Low-Density Residential Zone District.
2. 7:35 p.m. Appl. No. 4197 - Application of HARLEY B.
ARNOLD for a Special Exception as provided by Article IIIA,
Section 100-30A.2B approving an Accessory Apartment use in
-'~Page'2 - Notice of~arings
Southold Town Board of Appeals
Regular Meeting of October 18, 1993
conjunction with owner's residency in this existing dwelling
situate at 1455 Albo Drive, Laurel, NY; County Tax Map Parcel
No. 1000-126-3-16.
3. 7:40 p.m. Appl. No. 4194 - Application of RACHEL VOEGELIN
for a Variance' to the Zoning Ordinance, Article III, Section
100-33 for an accessory satellite dish structure, as installed,
in the southerly yard area (known as front yard area under the
zoning definitions). Location of Property: 58473 (ROW off)
Main Road, Southold, NY; County Tax Map Parcel No.
1000-55-6-33.2.
4. 7:45 p.m. Appl. No. 4192 - ROGER AND MADELYN STOUTENBURGH
for a-Variance to the Zoning Ordinance, Article XXIII, Section
100-231A, for approval of man-made berm, as situated, with a
height in excess of four feet from ground level at 505 Skunk
Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-97-4-3.
5. 7:50 p.m. Appl. No. 4191 - BECKY JOHNSTON for a Variance
under New York Town Law, Section 280-A, for acceptance of
minimum standards of improvements over new easement right-of-way
areas, as modified since the prior Appeal Hearing and
Determination rendered under Appl. No. 3478 on 9/11/86.
Location of Right-of-Way or Easement Area: Commencing at a
point along the north side of Oregon Road, Cutchogue, along the
3 - Notice of~arings
Southold Town Board--of Appeals
Regular Meeting of October 18, 1993
westerly side of lands of Bokina, over lands now or formerly of
William J. Baxter and others identified as Lot 1.9, Block 1,
Section 72, extending northerly approximately 1035 feet, to a
point, thence running in an easterly direction approximately 563
feet to the applicant's parcel of land identified as Lot 1,
Block 2, Section 73, District 1000, all as shown by survey
amended June 17, 1992, prepared by Roderick VanTuyl, P.C.
6. 7:55 p.m. Appl. No. 4196 - Application of ALLEN OVSIANIK.
Request for a Variance under Article XX, Section 100-101C for
permission to place canopy-type sign at westerly side of
existing principal building to advertise "Eastern Tire, Wheel
Alignment, Mufflers". Location of Property: 32930 Main Road
and easterly side of Eugene Road, Cutchogue, NY; County Tax Map
Parcel ID No. 1000-97-2-15 and 16.5, containing a total combined
lot area of 1.85 acres, a portion of which is located in the "B"
General Business Zone District, and the remaining portion in the
"R-80" Residential Zone District.
7. 8:00 p.m. Appl. No. 4195 - Application of PETROL STATIONS,
LTD. Request for Variance to the Zoning Ordinance, Article
VII, Section 100-72 for approval of more than one principal use
on proposed Lot No. 4 of 39,219+- sq. ft. (exclusive of
right-of-way area). Applicant is also before the Southold Town
Planning Board for a four-lot minor subdivision. The premises
Page 4 - Notice o~arings
Southold Town Boar~of Appeals
Regular Meeting of October 18, 1993
presently contains a total lot area of 5.835 acres and is
improved with: (a) the northerly building which was converted
in 1988 from a barn for the storage of antiques to an
architect's office as shown on the site plan map prepared by
Samuels-Steelman, approved by the Planning Board 12/14/87; (b)
the front main building utilized as a single residence and a
real estate office; (c) a separate garage structure; (d) a
separate shed. Location of Property 25235 Main Road,
Cutchogue, NY; County Tax Map Parcel No. 1000-109-1-23.
8. 8:15 p.m. Appl. No. 4198 - DR. GEORGE KOFINAS. Variance
to the Zoning Ordinance, Article XXIII, Section 100-231(A) for
approval of fence height above four feet, as exists. Location
of Property: 552 East Road, Cutchogue, NY; County Tax Map
Parcel No. 1000-110-7-18.2.
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 s~bmitted prior to
the conclusion of the subject hearing. Each hearing will not
start before the times designated above. If you wish to review
the files or need to request more information, please call
765-1809 or visit our office.
Dated: October 4, 1993.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
x
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TO~YN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
. , · Date .~//.~. .................... 19 ?..~...
, "~'~ ......................
Hamlet
Subdivisioa ................. Filed Map No. ~ ............... Lot No ..................
..]. . - ~ ,~-~ ..... ~.~-.~S -.~ .... ~ ..... ~...
/ ~ullyng Inspector
RV 1/80
FORM NO, 1
TOWN OF SOU.THOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD. N.Y. 1197~{
TEL.: 7(35.1802
Examined~/~.~7 ........... i 9~.-~..
Approved ................ , 19... Permit No'. ...........
Disapproved a/c '
BOARD OP HEALTIt .......
3 SETS OP PLA~tS .......
SURVEY ..............
CIIKCK
:::::::::::'
NOTIFY
CALL
APPLICATION FOR BUILDING' PERMIT
Date ... ;813; .......... ,199,.3
· . INSTRU~'TIONS
a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or pubLic afl'cc
or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appl
cation. '
c. The work covered by th. is 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 app~cant. Such perm:
shaJl be kept on thc premises available for inspection throughout the work.
e. No building shall be occupied or use. d in whole or in put for any purpose whatever until a Certificate of Occupanc
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 th
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other appUcable Laws, Ordinances e
Regulations, for the construction of buildings, additions or alteratio~ or for removal or demolition, as herein described
Thc applicant agrees to comply with all applicable laws, ordinance.~, lahildlng code, housing code, and regulations, and t~
admit authorized inspectors on premises and in buildi.ng for neces.~..~.'..~ ~ ~
.~ , ~ (Mai!lng address of apg{leant)
State ~vhether applicant is owner, lessee, agent, architect, en=ineer, genera contractor, electri~i~, plumber or builder.
Applicant is owner '
N.~me of owner ofpremises The Patricia A. Hooney Living Trust
(as on the tax roll or latest deed)
Ii' applicant is a corporationl signature of duly authorized officer.'
..
(Name and title of corporate of Hcer)
Builder's License No ,N/.A. '
Plumber's License No ~/.A.'.
Electrician's License No .N./.A
Other Trade'a License No ......................
Location of land on which proposed work :viii be done
..5.8./t 7.. 3 ~in Road ' Southold
House Number Strcet Hamlet
C ty V Map No. 1000 S 0.55 .0.0 06 .0.0 . 003 0'01
oun ax cction . · Block . ' Lot. '
Subdivision N,'A · ' ' Filed Map No Lot
· (Name) ..............................
State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. E.xisting usc and occupancy On.e .~.a..~.ly l~elling ~rith detached b..a.r~/. ~0.'..x~3..6~
b Intended usc and occupancy Same . .
· . Nature ofwork (check which agi[icable), NeW Bui~dine . . ' '
· ' - · ....... A ion .......... AJtcration . .'...
Repmr .............. Rcm~l ... .. ....
To allow an exist£ng :sa~e--~tt~ "~i~h"ffi'r~emm~a?~tmn loLa~ed~,.-.~r ~or~.-
!zne and 60 from ~esterly boundary line. (Description)
(to be paid on ~ling this application)
5 If dwelling numberofdwellingunits
' ' Number of dwelling units on each floor
If garage ri.tuber ofc~ ............... · ..............
6 If business commercial mixed occupancy .............................
· , or specify nature and extentof ch type of use ..........
7 Dhnensions ofexisting~t~ctures if any: FrOnt
.Ca
lteight Number of Stories ............... ' .............. Depth .............
. Rear
Dimension~ of shme st~cture with alterations or additions: Front
Depth ' Height ................. Rear ................
' Number of Stories
8 Dimensions of entire new construction: Front
' Rear Depth
HeigM ... ~ ........... Number of Stories ....... ~.vv ..............
>. Size of lot: bront .. , ~ a--.b3 ' ......................
· / 183 .......... t ear ...................... epth 39 .Z8(g).
10. DateofPurchase ............ . ......... Name of Fo~er Owner ~oward Dzll'ingha~" '
I I. Zone or use district in which premises are situated ............ ..... ' ................... ~ ......
12. Does proposed construction violate any zoning law, ordinance or regulation: . ~O ..................
13. Will lot be regraded . ~ Pat~[cf~ A'.' HOOh~v ' W ~ N~
o. ; .... iii excess ~11 be removed from premises:
Name of Architect ...................... ',".... A~dress .. ~ ........ , ........ 'Phone No ............ ,
N~e of Contractor ............ ~'. ........ Address ......... . Phone No .......... ~ .....
15,' I.s this property within 300 feet of a tidal wetland? *Yes ........ No..~.. ,
· If yes, Southold Town Trustees Permit may be required. ''
... PLOT DIAG~
Locate clearly and distinctly MI build~gs, whether existing or proposed, ~d. indicate ~I set-back d~ensions from
propemy Hnes. Giro street ~d block number or desc~ption accord~g to deed, and show street n~es and indicate
int~fior or comer lot.
;TATE OF NEW YORK,
:OUNTY OF .... , t/FF0lt ....s.s
,PA']~.~E.C.I.A..A.;. ~0~. ................ ......... being duly sworn, deposes ~d says that he is the a cant
(Na~ne of individual signing contract) ppli
~ove named.
is the .
(Contractor, a~ent, corporate officer otc ) ................
said owner or owners, ~d is duly authorized to perform or have pcffo~ed the said work and Io m~e and ~ile this
'I)]ication; that all statements contained ~ this application are true to thc best of his knowledge and belief; and that
ork will be peffo~ed in the manner set forth in thc application fitud therewith. '
~om to be~ this
................... '...day of ...... .~g~...' ..... ,19. ~
No. 473~91 - · ~rustee
O~lified in Surfak ~unW ~ ~ '
Commission ~ires Novem~r 30,
SEP 1993
$out,ho/d Town Clerk
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
DATE ... A.~ g....u..s...t....2..6. ;....1
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, ~ ...B~,C]~E;L..ND£G~,~.T~I ........................... of 58473 Main Road
Name of AppeJlont Street and Number
Municipo!ity
..... ~e~...¥O~k....HEREBY APPEAL TO
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ...,A..~..~...~.~..t_.,~..!:...:l.?.?..3.. ...............
WHEREBY THE BUILDING INSPECTOR DENIED TO
(X)
( )
( )
...T...H~....~_AT~. I_~ !..A.....A.:..., .M.9, .0.N_E..Y_.L_Z...V.!~_. !.E.U. s T
Name of Applicant for permit
of c/o Michael K. Bel~ford,.Esq. - ~,
./~.~ ~ ,~o~...5.~.g ~....~...~.~ ~..~.~u~.,...~7....~ ~,9.~g,...~X..112.0.~ ........
Street and Number Municipality State
PERMIT TO USE a certain satellite dish
PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY 58473 Main Rd:, Southold - Residential
Street /Hamlet / Use District on Zoning Map
District 1000 Section =: Blockt Lot~.0~.l re ' An Rachel Voegelin
....................... -- ...... ~ ..... ~ ........Y~_;.~,~Jr nt; u~ er
Map No. ' Lot No. 3~.~ Pti or Owner The Patricia A. Mooney Living
' .~> Trust
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article III Section 100-33
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(X) A VARIANCE to the Z~ning Ordi~nce or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. L~Ws
Art. 16 Sec. 280A Subsection 3
()
has not
4. PREVIOUS APPEAL A previous appeal~,-~.Y~_~.~t been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
[ ) request for a variance
and was made in Appea! No ................................. Dated .................. ~ .......... , ........................................
REASON FOR APPEAL
( ) A Variance to Section 2BOA Subsection 3
(X) A Variance to the Zoning Ordinance
is requested for the reason that
an existing satellite dish is in.stalled in-, What has
been determined to' be, the front yard instead of the rear yard as provided for
'in the Town of SOuthold Zoning Ordinance. The satellite dish is an accessory
structure on a 2 acre parcel with two (2) story dwelling and barn. The prior
owner installed this satellite dish in an area considered to be the rear yard,
but, also was installed in the only viable area of the parcel' which accomodated
a ~ unobstructed line ~ the southern and southwestern horizon. Notwith-
stan~zng that the dwelling {aces n~..I ~r~ ~he rear door which leads to a rear
deck faces south,--the town's policy that the right of way access is achieved
form the southerly boundary requires Board of Appeals relief.~. .... .~ .~
REASON FOR APPEAL
Continued
I. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces-
sowHARDSHIPbecause relocation of the satellite dish to the rear yard-north side
would place it too close in proximity to the dwelling, the barn and certain
tall trees to the northwest of the dwelling, between the dwelling and the barn,
precluding a clear, unobstructed line to the southern horizon. To relocate the
satellite dish beyond the barn to the north creates the practical difficulty
of installing the dish well over the maximum recommended distance of 100'
between the dwelling and the dish. The cost and inconvenience to relocate the
satellite dish is unnecessary because the dish is situated on the western
· portion of the parcel, immediately adjacent to a vacant 14 acre parcel and
simply not in view to any residence in any direction. The nearest residence
is over 400' to the south and the next nearest is over 600', and neither can
observe the dish.in it present location.
2. The hardship createdis UNIQUEandisnotshared by all propeffies alike in the immediate
vicinity ofthis proper~ and in this use district becouse the subject parcel is the only parcel
in the area which does' not' front on an improved roadway, but rathez is accessed
by a 50' right of way almost 700' in length from the Main Road. Ail of the
o:her'ho~ses in the neighborhood front on either Main Road or Laurel Avenue
far away from the subject parqel's dwelling and in no way impimging on the
views of any of the.neigh~o~:~· -Again, .~he adjacent owner to the west and
north owns 14± acres which is open and Uhdeveloped. It is this'n~ighbor
who woul~ be most'affected Were there a dwelling or other structure which,
Of course, there is not.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISIKICT because the ordinance was no doubt designed to address ~ '
the 'typical dwelling fronting on an improved· roadway or st'feet which has
been dedicated to the local muncipality. 'In the most typical situations, it
is, of course, most undesirable to have such a structure as satellite dish
on a neighbor's front, and, certainly, that would change the character of a
purely.residential neighborhood.. In the instant case, we have farm house
set back off the Main Road some 700·' which is not fronting on an improved road,
but rather, is accessible only by a 50' right of way totally unimproved. It'
is respectfully submitted that the ordinance was not intended to. be applied'to
.such a circumstance.
STATE OF NEW YORK ) ~-
)' ss ' ' f*"
COUNTY OF SUFFOT.K ) Signature
· j, ~ y~...,/,. _I~AC HEL VOEGELIN '
Sworn to this. ........... /~ .......................... day oL....~ ............... ~ ................ 19 93'
PROPERTY RECORD CARD
~, OWNER ~ ~ ~ z~L"~ ~ VILLAGE DIST.I SUB. LOT
i(~c-./~el v'~_~l~l,h .: ~Vl~,~ p__,A ~ ~.. ~
W~. ~/Z['~~ W ~PE OF BUILDING
RES~J ,~ S~5. VL. FARM ~ CO~. CB. M~CS. Mkt. Value
~ND IMP. TOTAL DATE R~RKS
~' ~ ' , . . / ·
~/7~ ~ ~7~oJ ~ ~lt~/~3 ~P '~1~t~ '~
AGE BUILDING CONDITION
N~ NOR~L BELOW ABOVE -.
FA~ Acre Value Per Value
Acre
Tillable / , ~ -. ~ FRONTAGE ON WATER
W~land FRONTAGE ON ROAD
M~adowland pEPTH
Hou~l~ ~/~. / ~Oo BULKH~D
Total ~ ~
COLOR c~/~ / '-z- ~'-'
TRIM
M. Bldg.
Extension
Extension
Extension
Porch
Porch
Breezeway
Garage ~
Patio
04 B.
Total
Foundation
EXt. Walls
Fire Place
Type Roof
Recreation Room
'Dormer
6 '
Bath
Floors
Interior Finish
Heat
Rooms 1st Floor
Rooms 2nd Floor
Driveway
BR.
FIN. B
Joseph A. Ingegno
Lond Surveyor
pHONE (516)727-2090 Fox (516)722-5093
~ -- N.Y,$, Lic, No_,
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
October 22, 1993
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Michael K. Belford, Esq.
26 Saxon Avenue
Bay Shore, NY 11706-5529
Re: Appl. No. 4194 (Variance for Accessory Dish Structure)
Dear Mr. Belford:
With reference to the above application, please find
enclosed a signed copy of the Findings and Determination
rendered by the Board of Appeals in the above matter at our
October 18, 1993 meeting for your permanent records.
Please be sure to return to the Building Department for
issuance of all appropriate permit(s) or other documents.
You should note that there is a time limitation for issuance of
these documents of one year.
At this time, we are also providing a copy of the Board's
determination to the Building Department for their update and
recordkeeping.
Please feel free to call if you have any questions.
Very truly yours,
Enclosure
Copy of Decision to:
Building Department
Attn: Thomas J.
Linda Kowalski
Clerk, Board of Appeals
Fisher (Issuing Inspector)
Joseph A. Ingegno
Land Surveyor
pHONE (516)727-2090 Fax (516)722-5093
N.Y.$, Uc. NO. 49668
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wil~on
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
October 4,
1993
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Enclosed with this letter is a copy of the Legal Notice,
as published in the Town's official newspa~r (Long Island
Traveler-Watc~an, Inc. located in Southold, ~). The Legal
Notice outlines a generalized description of the application
based upon the building inspector's dete~ination, the location
of the property, the time, date and place of the public hearing.
Please have someone appear in your behalf at the time
specified in the event there are questions (and to prevent a
delay in finalizing your application). Your public hearing
will not start before the time allotted in the attached Legal
Notice. Additional time will, of course, be available.
If your presentation is lengthy, a draft or final written copy
is always appreciated. You may add any documentation to your
file that you feel is appropriate to support your request.
In the event you wish to amend your application for any
reason, you must do so prior to the submission of the
advertisement by our office in the official newspaper. An
amendment to an application must be based upon an amended Notice
of Disapproval from the Building Inspector and include other
relief and other sections of the Code to be ~onsidered, and
additional filing fee (if any). If the original application
was advertised, a separate advertisement and hearing will be
necessary for the amended documents.
Please feel free to call our office if you have any
questions or wish to update your file prior to the hearing date.
Yours very truly,
Linda Kowalski
Enclosure
Present:
PUBLIC HEARINGS
BOARD OF ZONING APPEALS
TOWN OF SOUTHOLD
Monday, October 18, 1993
(7:30 p.m.
HON. GERARD P. GOEHRINGER,
Hearings Commenced
Chairman
SERGE DOYEN, Member
JAMES DINIZIO, JR., Member
RICHARD C. WILTON, Member
HARVEY A. ARNOFF, ESQ., Town Attorney
LINDA KOWALSKI,
Clerk-Assistant to Board
Absent: ROBERT A. VILLA, Member
ZBA Hearings -10-
October 18,. 1993
APPLICATION NO. 4194 - RACHEL VOEGELIN
Variance to the Zoning Ordinance, Article III, Section 100-33
for an accessory satellite dish structure, as installed, in the
southerly yard area (known as front yard area under the zoning
definitions). Location of Property: 58473 (ROW off) Main Road,
Southold, NY; County Tax Map Parcel No. 1000-55-6-33.2.
7:43 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. Most of us
have been there to see it, and I have a copy of the Suffolk
County Tax Map showing this and surrounding properties. You are
welcome to present anything you like. Please state your name
for the record.
Appearance:
Michael Belford, Esq.,
for the Applicant.
My name is Michael Belford. I am representing the
applicant. I am an attorney in Bay Shore, and essentially what
happened here is the previous owner had engaged a satellite
installer to install the satellite, and it was believed at the
time it was installed that it was 'installed in the rear yard.
This parcel is off the Main Road by 700 feet, as you may know by
the right-of-way, and it is very close in proximity to the
railroad track there. To the west and northwest there is a
fourteen-acre parcel which is vacant; and to the east is also a
great deal of vacant land although I don't know now far (word
ZBA Hearings -il-
October 12, 1993
inaudible). So the installation of it in the rear yard was
inadvertent in the sense that because access is obtained from
the right-of-way on the south side, that is deemed to be the
front yard, even though the house is --you look at the driveway
and you look at how access is gained to the house-- it is on the
north side; and there is a rear deck which leads to the kitchen
which is generally in the rear of the house; so that is how it
happened. I might add that the issue of the utility of the
satellite is greatly affected by its location also because of
its --the southern and horizon and so forth-- to obtain this 19%
degree without having any obstruction; and if it were located on
what the (word inaudible) would be under the present policy of
the Town, there are some very large trees. Now, I have some
pictures I would like to show you. I know that you have seen
it. I would like to make it part of the record, however, where
some very large trees are on the western side of the house, and
you would have to locate the dish a distance that is beyond the
recommended hundred feet.
THE CHAIRMAN: A hundred feet from any trees?
MR. BELFORD: A hundred feet from the house. Now I
might add that there is an existing subdivision plan being
considered by the Town Planning Department, on the O'Malley
property to the east, and that plan is contemplating an access
some'future access tea 14-acre parcel acrgss the north boundary
line of thesubject parcel, which would make it then the front
' ZBA Hearings
-12-
October 18, 1993
yard, and it would be in the right place if, indeed, that would
have ever happened. So we feel it is a meritorious application
and hope you do.
THE CHAIRMAN: We have never been successful and I say
this with great hope that some day we will be successful in some
way, some form of screening these because, as you know, that
seems to be a problem because they need free access to circulate
and navigate in such a way. Certainly in this particular area,
facing a portion of an unguarded crossing and, you know, I mean
really virtually nothing back there, other than this house, I
don't have a particular objection to it, to be honest with you.
We will see how the other Board members -- Is there anybody else
who would like to voice their opinion to this nice gentleman?
MEMBER WILTON: I have no questions.
THE CHAIRMAN: Jim?
MEMBER DINIZIO: No, no questions.
THE CHAIRMAN: I don't have a particular problem with
it. I will offer a resolution approving it.
(Seconded and carried; see Clerk's Minutes.)
THE CHAIRMAN: Can we keep these pictures?
MR. BELFORD: Absolutely. Thank you. Appreciate it.
~Page° 5 - Notice of~arings
Southold Town Board of Appeals
Regular Meeting of October 18, 1993
Copies of Legal Notice to the following 10/4/93:
Ms. Becky Johnston
471 West 22nd St., New York, NY 10011
P.O. Box 1098, Cutchogue, NY 11935
Mr. Burke E. Liburt
The Signs Makers, 155 Flanders Road, Riverhead 11901
J. Kevin McLaughlin, Esq., 1050 Youngs Ave, Southold, NY
11971-1215
Mr. and Mrs. Nick Cyprus, 1100 Sound Beach Dr, Mattituck 11952
Mr. and Mrs. Harley Arnold, P.O. Box 48, Mattituck, NY 11952
Michael K. Belford, Esq., 26 Saxon Ave., Bay Shore, NY 11706-5529
Mr. and Mrs. Roger Stoutenburgh, 505 Skunk Lane, Cutchogue 11935
Dr. George Kofinas, 30-82 36th St., Astoria, NY 11103
L.I. Traveler-Watchman, Inc., (hand delivered 10/5)
Courtesy copies to Newsday and Times-Review
Original posted on Town Clerk Bulletin Board in Lobby
Copies of files to Board Members 10/1 and 10/4/93
Copies to:
Town Attorney
Supervisor
Building Department
Planning Board
Individual Files
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 ·
S,E.9.R.A.
TYPE II ACTION DECLARATION
Appeal No. 4194
Project/Applicants:
'County Tax Map No.
Location of Project:
Rachel Voegelin
1000- 55-6-33.2
58473 ROW off Main Rd.,
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
September 24, 1993
Southold, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Construct satellite dish in front yard
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.
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:
F ROM:
DATE:
RE:
Zoning Board of Appeals
Office of the Town Clerk
~24, T993
September
ZONING APPEAL APPL. NO.
4194 - RACHEL VOEGELIN
Transmitted herewith is Zoning Appeal Appl. No. 4194 - RACHEL
VOEGELIN together with the Notice to Adjacent Property Owners,
a copy of a survey map, the Zoning Board of Appeals' Questionnaire,
the Short Environmental Assessment Form, the Notice of Disapproval
from the Building Department, the Application for Building Permit, and
a copy of a line change map.
Judith T. Terry
Southold Town Clerk
617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION {To be completed by A~)plicant or Prolect soonsor)
1. APPLICANT /SPONSOR I 2. RROJECT NAME
RACHEL VOEGELIN
SEQR
3. PROJEGT LOCATION:
M..i¢*=a,~ TOWN OF SOUTHOLD co..,y SUFFOLK
58473 Main Road
Southold. NY
S. IS PROPOEEO A~ION:
~New []Exoan$*o. ~M~lflcatlo.lalte,atlo. (Satellite Dish Installation)
6, DEECRIEE PROJECT BRIEFLY:
Variance application to allow and permit an existing satellite dish
to remain in the front yard of the premises instead of the rear 3ard
as set forth in Section 100-33 of Article III
?. AMOUNT OF [.AND AFFEOTED:
Initially · 01 acres Ultimately acres
E. WILL PROPOSED ACT[ON COMFLY WITH EXtSTING ZONING OR OTHER E. XIETING U~hO USE RESTRICTIONS?
Variance required, to allow satellite dish to remain in front yard
g. W~AT IS PRESENT LANO USE iN VICINITY OF PROJECT'/
[~ Re$i~ent~al [] In(Juatti&l [] Commer~iil
felly dwelling
DOES ACTION ~NVOLVE A PERMIT APPROVA~ OR FUNOING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY {FEDERA{-
STAT~ OR LOCAL)?
ny,, ~.o
RACHEL VOEGELIN
0.,.: 9/-~/93
If the action is in the Coastal Area, and you are a state agency, complete the I
Coastal Assessment Form before proceeding with this assessment
OVER
1 .(ContJnued on reverse side)
The N.Y.S. Environmental Quality Review Act requires submission
of this form, and an environmental review will be made by this board
before any action is taken.
SHORT ENVIRONMENTAL ASSESSMENT FO~M
~NSTRUCTIONS:
(a) In order to answer the questions in this short fAF 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 p~ojec~ result in a large physical change
~ to the project site or physically'alter more
than 10 acres of land? Yes ~ NO
2. Will there be a major change to any unique or
~ual land form on the site? Yes ~ No
3. Will project alter or have a large effect on
an~existing body of water? Yes ~_N~
4. Will project have a potentially large impact on
groundwater quality? __Yes ~No
5. Will project significantly effect drainage flow
on adjacent sites? . Yes ~ NO
6. Will project affect any threatened or endangered
plant or animal species? __Yes .~No
7. Will project result in a major adverse effect on
air quality? Yes ~ No
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 commu~%Lty? Yes ~No
9. Will project adversely impact any site or struct-'
ute of historic, pre-historic, or paleontological
importance o~ any si~s designated as a critical
environmental area by a local agency? Yes ~No
10. Will project have a major effect On existing or
future recreational opportunities? Yes ~ NO
11. Will project result in major traffic problems or
cause a major effect ~o existing transportation
· ' ' systems? Yes ~No
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's Operation? ~Yes ~No
13. Will project have any impact on public health
· or safety? ., Yes ~No
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 ___Yes ~No
period or have a major negative effect o~ the
charact~ of the community or neighborhood?
15. Is there public controversy concerning the .
project? ., ~es ~No
RePreSenting: Date~
ZBA g/.'15 -- --
QUESTIC~;AIRE
FOR FILING WITH YOUR Z.B-A. 'APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be attached.}
RACHEL VOEGELIN - Fee Owner
B. Is the subject premises listed on the real estate market ~or
- sale or being shown to prospective buyers? { } Yes
{ X} No. Jif Yes, p]~=$s a~-h =nD!7 o~ "condit~mns,' of sale.}
C. Are there =ny]Frupomal= tm =hange u~ alter land
{ } Yes {X} 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? No
3. Is the property bulkhea=ed between the wetlands area and
the upland building area? N/A
4. If your property contains wetian~s 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? N/A (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or fencas
which e~4~t 2und are not mh~wn ~n the survey map that you arm
submitting? None If none exist, please state "none."
G. Do you have any construction taking place at this time
concerning your premises? None If yes, please submit a copy
of your building permit and map as approved by the Building
Department. If none, please state.
H. Do you or any co-owner also own other land close to this
parcel? No If yes, please explain where or submit copies
of deeds.'
I. Please list Rresent use or operations conducted at this
parcel One family dwellin§
proposed use same and
Authorized Si~nauure and Date
RACHEL VOEGELIN
3/87, 10/901k
§ 97-13
WETLANDS
§ 97-13
TOWN -- The Town of Soufi~old.
TRUSTEES -- The Board of Trustees of the Town of
Southold. [Added 6-5-84 by L.L..No. 6-1954!
WE ~'i-LA~XrDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26-
85 b7. ,L.L. N~. 6-19~5 J: -"
~V ~DAL WETLAN'DS:
(1) All lands generally covered or intermittently cov-
ered w/th, or which border on. tidal waters, or lands
lying beneath tidal waters, which at mean iow tide
are covered by tidal waters to a maximum depth of
five (5) feet. including but not limited to banks.
bogs. salt marsh, swamps, meadows, fiats or other
low lying lands subject to tidal action;
(2) All banks, bogs. meadows, fiats and tidal marsh
subject to such tides and upon which grows or may
grow some or any of the following: salt hay, black
grass, saltworts, sea lavender, t~ll cordgrass, high
bush, cattails, groundsel..,~rshm~llow
(3) A' '
d h~d :mmediate~y ndjacent to a tidal wetland as
defined in Subsection A(2) and lying within seven-
ty-five (75) feet landward of the most landward
edge of such a tidal wetland.
FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24, Ti-
tle I. § 2,i-0107, Subdivisions l(a) to l(d) inclusive,
of the Environmental Conservation Law of the State
of New York; and
(2)
All land immediately adjacent to a "freshwater wet-
land." as defined in Subsection B(1) ~
and lying with-
m seventy-five (75) feet landward of the most land-
ward edge of a "freshwater wetland."
9705 z- ~s. ss
MICHAEL K. ]~ELFOKD
ATTORNEY AT LAW
26 SAXON AVENUE
PLEASE REPLY tO:
~0 BOX 5529
BaY ShORE, NYll706
October 20, 1993
Town of Southold
Board of Appeals
53095 Main Road
Southold, NY 11971
Att: Linda Kowalski
Re: Voegelin - Variance Application
Dear Linda:
I appeared before the Zoning Board of Appeals on Monday,
October 18, 1993 and the application for the above variance
was approved.
In my review of the file, I note that I had not left with the
Board proof of ~otification by certified mail of the adjacent
property owners. Accordingly, I enclose herewith the Notice,
A~fidavit of Service and return receipt cards.
Would you please advise me what steps I must take at this time
in order to obtain Certificate with respect to the satellite
dish.
Thank you for your cooperation in this matter.
cc: Mr. & Mrs. Edwin Mooney
Mr. & Mrs. Steven Voegelin
MICHAEL K. BELFORD, ESQ. 5 1 6 3
ATTORNEY BUSINESS ACCOUNT
26 S^XON ^VENUE
B^Y s.o.E, NV ,,~o6 ~C~u
19
J (~) COUNTY OF SUFFOLK
:~-80
L
R-~O
R-80
SOUTHOLD
JUDITH T. TERRY, TOWN CLERK RECEIPT 0 4 8 2 0 3
Town of Southold
Southold, New York 11971
Phone: 516~765-1e01 DATE
I~.ECK ~,_~-/~..~ BY:
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
RACHEL VOEGELIN
to the Board of Appeals of the Town of Southold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the To'am of Southoid
to request a (Variance) ~d~O~,X, - [circle choice]
).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 58473 Main Road, Southold. NY
SCTM{1000-55-06.0 0- 0 O3'~
3. That the property which is the subject of such Petition is located in the following zoning district: R-80 Residential
4 That h~ such Petition, the undersigned will request the following relief:
Application to allow and permit an existing satellite dish to remain in'
the front yard of the premises instead of the rear yard as set forth in
Section 180~33 Article III.
.5. That the provisions of the Southoid Town Zoning Code applicable to the relief sought by the under-
signed are Article III Section 100-33
· [ ] 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 wil~
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there
exa;nine 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 Appea~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
right to appear and be heard at such hearing.
Dated: September 17, 1993
RACHEL VOEGELIN
Petitioner
Owners'Names: RACHEL VOEGELIN
PostOffice Address
58473 Main Road~ Southold, NY
Tel. No. ( )
[Copy of sketch or plan
purposes.]
showing
proposal
to be
attached for convenience
NAME
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
EDWIN J. MOONEY LIVING TRUST
FRANCIS D. & WF O'MALLEY
29 Sunset Road, Bay Shore, NY 11706
240 Cacatogue Lane, West Islip, NY 11795
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
SS.:
JUDY JOHNSON , residing at Stony Brook, NY
, being duly sworn, deposes and says that on [hec:~d):4~ day
of September ~ , 19 93 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the .Town of Southold; that said Notices were mailed at the United States Post Of-
'ficea! Bay Shore, NY ; that said Notices were mailed to each of said persons by
(certified) (registered) m~il.
Sworn ,o before me this ,~' L/~
day~t e~.~ ,19 93
~JU~ J~IS ON
~ public, State
Qualified in S~folk
(This side does not have to be complet'ed on form transmitted to adjoin ng
property owners.)
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of :
RACHEL VOEGELIN :
to the Board of Appeals of the Town of Southold :
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of 5outhold
tO requesta (Variance) _~ ~,X,]~, , [circle choice]
).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 58473 Ma'in Road, Southold. NY
SCTM~1000-55- 06.00-003. 001
3. That the property which is the subject of such Petition is located in the following zoning district:
R-80 Residential
4 Thai b'~ such Pelition, the undersigned will request the following relief:
Application to allow and permit an existing satellite disl% to remain in'
the front yard of the pre.mises instead of the rear yard as set forth in
Section 100~33 Article III.
5. That the provisions of the SouthoJd Town Zoning Code applicable to the relief sought by the under-
signed are Article III Section 100-33 ,
' [ ] 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. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Bdard 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
right to appear and be heard at such hearing.
Dated:' September 17, 1993
RACHEL VOEGELIN
Petitioner
Owners'Names: RACHEL ¥OEGELIN
PostOfficeAddress
58473 Main Road, $outhold, NY
Tel. No. ( )
[Copy of sketch
purposes.]
or plan showing proposal to
be attached for convenience
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
EDWIN J. M00NEY LIVING TRUST 29 Sunset Road, Bay Shore, NY
FRANCIS D. & WF 0'MALLEY
11706
240 Secatogue Lane, West Islip, NY 11795
· -.~_ ~ = >
SENDER:
3. Article Addressed to: 4m. Article Number ~
~,~r,, ~_ unnm~n.TVTHC I~UST I ? 052 ~)~7 06! ~
I Silo wish to receive
following .ewice. {for an extra
fee}:
1. [] Addre~ee'. Addre~
2. [] Reetrlcted'DsliveW
Consult i.,~,b,,a~;.~ for fee.
441. Article Number
~" ~i ~, ~ ,. FR.4a~IS O. ~T~ O'MALLE~' P 032 057 060
'~ :~ i/ ~/ ~-~ 240- Seca't°gue Lane ~r
~ ,.~. - ~ We~ Isl~p, NY 11795 '~ /
I I~ll~[m[ 38~1, ~i~,~l l~a~-~ DOMESTIC ~URN R~EI~
STATE OF NEW YORK }
COUNTY OF SUFFOLK )
SS.:
JLTDy JOtINSON , residing at Stony Brook, NY
, being duly sworn, deposes and says that on theofO¢)~ day
of September ~ ,19 93 , deponent mailed a true copy of thc 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 assessment roll of the-Town of Southold; that said Notices were mailed at the United States Post Of-
'rice aZ Bay Shore, NY ; that said Notices were mailed to each of said persons by '
(certified) (registered) mail.
d-'J . "SON
Sworn to before me this ,;'~ J'/~
day of S~_ptember ,19 93
~ '~"/l~o t ~f¥ Public
RosEMARY FRI~Z
l~tarY Public, State of NeW ¥o~
No. 4884330
(This side does not have to be completed
property owners.)
on
form transmitte(~ ~g
r,?v,,/Nl OF '~OLJ"r'MOL.[)
ZITE~