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HomeMy WebLinkAbout4202 APPEALS BOARD MEMBERS C~rard 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 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 Appl. No. 4202: Matter of the Application of ROBERT AND JACQUELYN OBERLIN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 <100-33> for approval of an existing accessory utility storage shed which is located in the southerly front yard area. The subject premises is not a corner lot but fronts along two streets. This property technically does not have an established "rear yard" defined by the code. Location of Property: 805 Oak Avenue, Goose Bay Estates, Southold, NY; County Tax Map District 1000, Section 77, Block 2, Lot 20.1. The subject premises is located in the R-40 Zone and contains an area of 19,200+- square feet. WHEREAS, after due notice, a public hearing was held on December 8, 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, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an appeal of a Notice of Disapproval issued by the Building Inspector in which the applicant has applied for a building permit (and the subject variance) for a detached accessory storage shed located in the northerly front yard area. 2. The premises in question is located in the R-40 Low-Density Residential Zone District and contains a total area of 19,200+- sq. ft. This parcel consists of a single combination of lot numbers referred to as 225, 226, 227, 248, 249, 250, and part of 224-228-247, 251 as shown on the "Map of Goose Bay Estates filed in the Suffolk County Clerk's Office as Map No. 1176 on November 13, 1934. This lot area is a merger of the old lots and is known to be in co~,,on ownership for many years. The Map of Goose Bay Estates is not listed on the "Exceptions List" of the Code at Section 100-12. Page 2 - Appl. 4202 Matter of ROBERT OBERLIN Decision Rendered December 8, 1993 3. The map submitted with this application also shows an existing one-and one-half story, single-family dwelling structure set back 41 feet from the most northerly (front) property line and 18+- feet from the easterly (side) property. Located just south is a concrete patio and the subject 8 ft. by 10 ft. shed which is shown to be approximately 10 feet from the easterly side property line. 4. The rear yard for this particular parcel layout is not defined by the zoning code since there are two front yards and two side yards, and the property is not a "corner lot." (Corner lots are permitted to establish a rear yard in one of the remaining two side yards). The Board Members agree that the difficulties in locating an accessory storage building are uniquely related to the land for the reason that the rearyard is truly one of the two front yards (to the back portion of the dwelling), as located. 5. Also noted is the fact that this building is proposed for accessory use incidental to the residence nature of the property for storage of the owners' miscellaneous items, lawn equipment and the like. The applicant is aware that this building may not be used, enlarged, or in the future converted for gainful purposes (such as living area, rental for non-owner storage, etc.), and/or not used as a separate principal use. 6. The proposed building will be in conformance with the height requirements {one-story and less than 18 feet total from ground to peak}. 7. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the property and there is no method feasible for appellant to pursue other than avariance - particularly since the property does technically have two "front yards"- to the north of the residence and to the south, and the remaining yard areas are side yards; (b) the relief is not substantial in relation to the requirements and will be at a distance of 10+- feet from the easterly property line; (c) the variance requested does not involve an increase of dwelling unit or use density; (d) the relief requested will not cause a substantial effect on available governmental facilities since the structure is for skorage purposes incidental to the residence; Page 3 ~ Appl. No. 4202 Matter of ROBERT OBERLIN Decision Rendered December 8, 1993 (e) the relief requested is not unreasonable due to the uniqueness of the property and the immediate area; (f) 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; Accordingly, on motion by Chairman Goehringer, seconded by Member wilton, it was RESOLVED, to GRANT approval of the requested 8 ft. by 10 ft. accessory shed, as requested under Appl. No. 4202 the Matter of the Application of ROBERT OBERLIN. Vote of the Board: Ayes: Messrs. Dinizio, Villa, Wilton, Doyen, and Goehringer. This resolution was duly adopted. lk 'f Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton 'l%lephone (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 Tow~n 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, $outhold, New York 11971, on WEDNESDAY, DECEMBER 8, 1993 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4202 - ROBERT AND JACQUELYN OBERLIN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 <100-33> for approval of an existing accessory utility storage shed which is located in the southerly front yard area. The subject premises is not a corner lot but fronts along two streets. This property technically does not have an established "rear yard" defined by the code. Location of Property: 805 Oak Avenue, Goose Bay Estates, Southold, NY; County Tax Map District 1000, Section 77, Block 2, Lot 20.1. The subject premises is located in the R-40 Zone and contains an area of 19,200+- square feet. Page 2 - Notice of~arings Southold Town Board of Appeals ~egular Meeting of December 8, 1993 2. 7:35 p.m. Appl. No. 4205 - SALVATORE VINDIGNI. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct addition which will exceed the 20% lot coverage limitation. Location of Property: 1440 Gillette Drive, East Marion, NY; County Tax Map District 1000, Section 38, Block 2, Lot 15; also referred to as Lot No. 19 on the Map of Marion Manor filed March 18, 1953 in the Suffolk County Clerk's Office. This property is located in the R-40 Low-Density Residential Zone District and has a total lot area of 10,000 sq. ft. 3. 7:40 p.m. Appl. No. 4203 - ROBERT E. BIDWELL. Application for Special Exception under Article III, Section 100-31B-13 of the Zoning Ordinance, for approval of winery uses in existing building and proposed building. The site plan shows that the property is situated along the south side of C.R. 48, Cutch0gue, NY, is zoned A-C Agricultural-Conservation and is identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 4, Lot 4.3. 4. 7:50 p.m. Appl. No. 4204 - JOHN CROKOS. Variance to the Zoning Ordinance, Article XXIII', Section 100-239.4A(1) for permission to locate pool and related structures within 100 feet of the top of the bluff along the Long Island Sound. Location Page 3 - Notice of~arings Southold Town Board of Appeals Regular Meeting of December 8, 1993 of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. 1000-14-2-3.11. 5. 8:00 p.m. Appl. No. 4195 - PETROL STATIONS LTD. (Carryover to continue hearing and/or updates.) 6. 8:00 p.m. Appl. No. 4199 - PETER PSYLLOS. (Carryover to continue hearing and/or updates). 7. 8:05 p.m. Appl. No. 4206 - GARY AND CAROL FISH. Special Exception as provided by Article IIIA, Section 100-30A.2B for permission to establish Accessory Apartment use in conjunction with owner's residency in this existing principal building presently occupied as a dwelling with garage. Location of Property: 955 Deep Hole Drive, Mattituck, NY; County Tax Map Parcel No. 1000, Section 115, Block 13, Lot 9. This property contains a lot area of approximately 15,000 sq. ft. and is located in the R-40 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. If you wish to review the files or need to request more information, please call 765-1809 or visit our office. Dated: November 17, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. a / / ''~ ''~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TO'}YN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated · - .... ;' '~r~' roca[ion of Property ;,.~q~. ,~...~ County Tax Map No. I000 Section ..... ~ ~ ..... Block .. ~ ....... Lot .~/.[. ...... ' Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the followin- ~rou ~ //~ _v ~ ' . . ~ = n~s.~-~..~.~.~... ~~-.~ .... ~~~. m ~...~~~.. ~ ............... ''' . ~' ~... . ... ............ ~~ .... ~-~ ~ · ................ Rv 1/80 ED NOV i ,, $outhold Town Clerk TOWN OF SOUTHOLD. NL~ YORK APPEL FROM DECISION OF BUILDING INSPE~OR APPEL NO.~O~ DATE .~Z~Z~ ............. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (~/~)..~.~.~...~h ........................................ af .-5.7....%~..s..t.....9..3..r...d....s...t..: ..................................... Name of Appellant Street and Number ' ................. .N..~.~....~g.~'.J~ ......................................................... ~..J,.Qg.Z5 ......... HEREBY APPEAL TO Municipality State ~--~/.2 - THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...... .9./..~..8./..~..3. ................................ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of 805 Oak Avenue Southold NY Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY To construct a utility shed 1. LOCATION OF THE PROPERTY ...8..0...5....O..a..k....A..v...e.:..,...~..o. uthold NY residential Street /Hamlet / Use District on Zoning Map District lO00 Section Block Lot . .. ; ..................................................... uurren~ (~ners Robert & Jacquelyn Oberlin Map No. Sect.77 Blk.01 L~o~ ~,1 Prior Owner. Thomas & Marie Lloyd 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-' section end Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article IZIA Section 100-30A.4.(100-33) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. LaWs Art.' 16 Sec. 280A Subsection 3 (.) ( ) (x) ( ) 4. PREVIOUS APPEAL A previous appeal (Ir,4~(hes not) been made with respect to this decision Of.the Building Inspector or with respect to this property. · Such ~ppeal was ( ) request for a special permit [ ) request for a variance ~nd was made in Appea! No ................................. Dated .................. : .......... , ........................................ REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the'Zoning Ordinance isr~uested ~rthe reasonthat a variance is necessary to obtain· a certif%cate of occupan.cy for an.existing barn-type utility storage shed located on the property in what is used as a rear yard but which as per the zoning definition. is technically a front y.ard (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sawHARDSHIPb~cause under zoning definition, this property has two front yards and no rear yard. The property does not have a garage or other accessory building for storage use. It would be an unnecessary hardship if a utility storage shed were not permitted since it would deny the Owners of an ordinary use of their property and no other accessory building is on the property which could be used to store lawnmowers, yard furniture, tools and the like. 2. The hardship createdis UNIQUEandisnotshared by all prope~ies alike in the immediate vicinity ofthisproperty and in this use district because this parcel is between two roads other lots have been divided.~ Neighboring parcels have garages and utility sheds. *between these two roads (Oak Avenue and Birch Avenue) 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISIKICTbecause the storage shed is a common accessory building in a residential area. The shed i.~ set back fro~ the house (which faces Oak Avenue) in what is used as a rear yard. The shed is a wooden structure painted the same color as the house. This small structure is is not out of place in this residential community, and it is barely visibl.e .from the road. The spirit.of the ordinance would be observed and the character of the district unaffected by permitting this shed which is nestled away to the rear of the house. '- STATE OF NEW YORK ) )' ss COUNTY OF New York) Sworn to this ............................................. day ot ............................ /~. 19 ?~-' ??-/-ao.~ TOW 0F S THOLD PERTY RECORD CARD dWNER STRE~ ~ ' VIL~GE DISTRI~ SUB. FORMER OWNER RES. ,.~/~ J SEAS. J VL IMP. LAND FARM ABOVE Value AGE NEM/ NORMAL Farm Acre '['illable .! Tillable Tillable 3 Woodland Swampland Brushland House Plot S TOTAL DATE E ACREAGE 0.44~ TYPE OF BUILDING W REMARKS DOCK Value Per Acre BELOW BUILDING CONDITION FRONTAGE ON WATER FRONTAGE ON ROAD ~ O ' <;,~?.~ o: BULKHEAD Total ,. i~ $ T J i I ~ [ I M. Bldg. I / $> X' , 3 -' ~ e V ~ ~ ~ :~ / ~- 5/ Foundation & ~, Bath Extension / V~RT t Extension.._ Ext. Walls ff,~llnterior Finish Extension Fire Place ~ ~E % Heat Breezeway Patio Garage Driveway O.B. ~ '' : ~/ 7~ ' · * "~' ~* ~' '* - ' SOUTHOLD ~ PROPERTY~ RECORD CARD Z/m~ .... 9~-/- j~TOWN OF"' "-~'M ~ ..... :;'; OWNER FORMER OWNER STREET VILLAGE DISTRICT ACREAGE SUB. W TOTAL TYPE OF BUILDING RES. SEAS. VL. ,,.~'// FARM COMM. IND. CB. MISC. Est. Mkt. Value ,. LAND IMP. DATE REMARKS AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm- Acre Value Per Acre Value ! Tillable 1 FRONTAGE ON ROAD ~ ~ X I .3 o BULKHEAD Tillable 2. DOCK Woodland :Swampland Brushland House Plot Total :~:~h:~.: :? '. I ~'y' Re6~!r'f Obe/'l ~'~ 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 December 14, 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 Ms. Susan Zach 57 West 93rd Street New York, NY 10025 Re: Appl. No. 4202 - Robert Oberlin Variance for Accessory Building Dear Ms. Zach: Attached please find a copy of the Board's Findings and Determination concerning your recent variance application. Please be sure to return to the Building Department to obtain your building permit (and other agency approvals which whiCh may apply). For your convenience, we have provided the Building Department with a copy of the variance determination for their permanent recordkeeping. Also, since your property is located within 500 feet of a waterway, we have transmitted copies of your variance file to the Suffolk County Department of Planning. Once they have finalized their review and forwarded their comments to our office, we will transmit a copy of the same to you for your update. We wish you and your family a happy and healthy holiday season. Very truly yours, Linda Kowalski Clerk, Board of Appeals Enclosure Copy of Decision to: Building Department Suffolk County Department'of Planning Pres ent: BOARD OF ZONING APPEALS TOWN OF SOUTHOLD December 8, 1993 HON. GERARD P. (7:30 p.m. Hearings GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR., Member 'ROBERT A. VILLA, Member RICHARD C. WILTON, Member CLAIRE GLEW, Board Asst. pro tem Commenced) Page 2 Transcript of Hearings Southold Town Board of Appeals Wednesday, December 8, 1993 APPL. NO. 4202 4205 4203 4204 4195 4199 4206 INDEX Applicant ROBERT AND JACQUELYN OBERLIN SALVATORE VINDIGNI. ROBERT E. BIDWELL . JOHN CROKOS PETROL STATIONS LTD. PETER PSYLLOS GARY AND CAROL FISH Paqes 3-5 6-9 10-25 28~32 33 33A-42 43-46 APPLICATION NO. 4202 - ROBERT AND JACQUELYN OBERLIN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 <100-33> for approval of an existing accessory utility storage shed which is located in the southerly front yard area. The subject premises is not a corner lot but fronts along two streets. This property technically does not have an established "rear yard" defined by the code. The subject premises is located in the R-40 Zone and contains an area of 19,200+- square feet. 7:12 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: We have a copy of a survey from Roderick Van Tuyl, P.C., dated back in November 4, 1965, indicating the shed, its approximate placement on the property. The members of the ZBA have been there; they have seen the property. They have seen the shed, and I personally have visited it, and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there anybody representing? Could I just ask you to use the "mike" and state your name? Appearance: Bridget Dia of Celic Realty, for Applicant MS. DIA: My name is Bridget Dia. I work for Celic Realty. I am the salesperson involved in the sale of this Page 4 - Transcript of Hearings Southold Town Board of Appeals Wednesday, December 8, 1993 property to the client. submit them. THE CHAIRMAN: I have taken photos and would like to Surely. Thank you. MS. DIA: This was taken from the house facing the shed. This was taken from the road. It is there someplace. That is how you can see it. THE CHAIRMAN: We will pass these photos down. Is there anything you would like to state for the record? MS. DIA: In looking at the tax map, it seems that those were two lots at one time, and I believe they were merged. All the other neighbors have two separate lots, so it is now one merged lot. THE CHAIRMAN: Just for the record, so that everybody is aware of the situation, I presently work for the Suffolk County Department of Law; and in that position they require me to have a broker's license. I do have a real-estate broker's license. At this particular time the real-estate broker's license is held by Celic Realtors or Celic Realty, which is the same organization this purchaser is affiliated with. I do not have anything to do with this sale, and there is no money coming anyway depending upon how I vote on this application, just so that everybody is aware of it. Thank you very much. Is there anybody else who would like to ~peak, either in favor or against this application? Any questions from any Board members? BOARD MEMBERS: No. Page 5 - Transcript of Hearings Southold Town Board of Appeals Wednesday, December 8, 1993 THE CHAIRMAN: In dealing with this particular application, I think Mr. Wilton said it as eloquently as possible, and maybe he would like to make the motion on it. MEMBER WILTON: I move that we accept the application as submitted. (Seconded and carried unanimously; see Clerk's minutes.) in there is that it remain as a storage shed, and it remain as it is today. Okay, thank you very much for coming in. MS. DIA: Thank you. THE CHAIRMAN: The only requirement that we will put just DEPARTMENT OF PEANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.LC~P. DIRECTOR OF PLANNING December 17, 1993 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) ~oSyllos, Peter berlin, Robert & Jacquelyn Fish, Gary & Carol 4199 4202 4206SE Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehrmger, Chairman Serge Doyen, ir. James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOXT 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 XIV 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 Cc~mission: AX Variance from the Zoning Code, Article IIIA , Section 100-30A.4 .... Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4202 Applicant: Location of Affected Land: 805 Oek Ave., County Tax Map Item No.: lO00- 77-2-20.1 Within 500 feet of: · Town or Village Boundary Line 'XX Body of Water (Bay, Sound or Estuary) Comments: Robert & Jacquelyn .Oberlin Southoid, NY State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or within One Mile of a Nuclear Power Plant Within One Mile of an Airport Approval of Applicant is requesting ~x~x~tx~ an.existin9 accessory_ utility storage'shed is~oca~ed in the f~ont yard area. Cop~Ument~--~-~losed for your review. Dated: December i6, 1993 ..... APPEALS BOARD MElVIBERS 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 December 14, 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 Ms. Susan Zach 57 West 93rd Street New York, NY 10025 Re: Appl. No. 4202 - Robert Oberlin Variance for Accessory Building Dear Ms. Zach: Attached please find a copy of the Board's Findings and Determination concerning your recent variance application. Please be sure to return to the Building Department to obtain your building permit (and other agency approvals which which may apply). For your convenience, we have provided the Building Department with a copy of the variance determination for their permanent recordkeeping. Also, since your property is located within 500 feet of a waterway, we have transmitted copies of your variance file to the Suffolk County Department of Planning. Once they have finalized their review and forwarded their comments to our office, we will transmit a copy of the same to you for your update. We wish you and your family a happy and healthy holiday season. Very truly yours, Linda Kowalski Clerk, Board of Appeals Enclosure Copy of Decision to: Building Depa£tment Suffolk County Department 'of Planning t 6y ReS~r-f ObeY'h ~v APPEALS BOARD MEIvIBER~ 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 November 18, 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 1993 Susan Zach, Esq. 57 West 93rd Street New York, NY 10025 Re: Appl. No. 4202 - Robert Oberlin Dear Ms. Zach: We are in receipt of the above-noted application requesting a variance for the location of a utility shed in the front yard area at 805 Oak Avenue, Southold. Copies have been distributed to the Board Members for additional review and inspection, and the application has been calendared for the December 8, 1993 Regular Meeting. A copy of the Legal Notice is attached for your records. Please have someone appear in behalf of the applicants at the time specified. This public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available if needed. If your presentation is lengthy, a draft or final written copy is always appreciated, and additional time will be available for your presentation, if needed. Documentation may be added to the Town file to support this application either before or during the public hearing. Please note that amendments for other relief are permitted only by separate application, if deemed necessary by you. The attached Legal Notice describes only the request being made in the application as filed. If you have any questions or wish to update your file prior to the hearing date, please feel free to contact our office. Yours very truly, Linda Kowalski Clerk, Board of Appeals Enclosure Copies of the 12/8 Legal Notice to the following on 11/19: Susan Zach, Esq. (re: Oberlin) Mr. Salvatore Vindigni Mr. Robert T. Bayley (hand pick-up 11/19) Mr. John Sandgren (re: Crokos) J. Kevin McLaughlin, Esq. (re: Petrol Stations) Richard F. Lark, Esq. Rudolph H. Bruer, Esq. (re: Mr. and Mrs. Warren Brady Psyllos) Mr. Gary Fish Board Members L.I. Traveler - by mailed 11/18 Suffolk Times (courtesy copy 11/18 by mail) Newsday (courtesy copy 11/18) Town Clerk Bulletin Board posted 11/18/93 Individual Files - 11/19/93 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 November 10, 1993 TYPE II ACTION DECLARATION Appeal No. 4202 Project/Applicants: County Tax Map No. Location of Project: Robert Oberlin 1000- 77-1-20.1 805 Oak Ave., Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Accessory shed in front yard area This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13{a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. 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: FROM: RE: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY. SOUTHOLD TOWN CLERK ZONING APPEAL NO. 4202 ROBERT & JACQUELYN OBERLIN DATED: NOVEMBER 10. 1993 Transmitted is application for variance of ROBERT AND JACQUELYN OBERLIN together with Southold Town Building Department Notice of Disapproval. letter giving permission to agent of Cellc Reality to appear at the public hearing on their behalf. NYS Environmental Quality Review Short Environmental Assessment Form, ZBA Questionnaire for filing with application. Notice to Adjacent Property Owners. Map of property with project indicated. Copy of contract of sale. The N.Y.S. Environmental Quality Review Act requires of this form, and an environmental review will be made by submission before any action is taken. ~is board SHORT ENVIRONMENTAL ASSESSMENT I~NSTRUCTIONS: (a) In order to answer the questions in this short F2%F 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. (h) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? Yes: X NO 2. Will there be a major change to any unique or unusual land form on the site? Yes X NO 3. Will project alter or have a large effect on an existing body of water? Yes X NO 4. Will project have a potentially large impact on groundwater quality? Yes X No 5. Will project significantly effect drainage flow on adjacent sites? · ___Yes _X_No 6. Will project affect any threatened or endangered plant or animal species? ___Yes 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 co~ununity or scenic views or vistas known to be important to the community? Yes W No 9. Will project adversely impact any site or struct-' ute of historic, pre-historic, or paleontological importance or any site designated as a critical envircamental area by a local agency? Yes ¥ No 10. Will project have a m~jor effect 'dh existing or future recreational opportunities? Yes X No 11. Will project result in major traffic problems or cause a major effect to 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? 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 X NO period or have a major negative effect on the - charact~ of the community or neighborhood? 15. Is there public controversy concerning the project? Yes X No Representing.. Robert & Jacq~yn Oberlin 'ZBA g/'75 Date:_11/6/93 617.21 Append'ix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART I--PROJECT (To be completed by Applicant or Project sponsor) 1. APPUCANT/SPONSOR I 2. PROJECT NAME 3. PROJECT LOCATION: S. iS PROPOSED ACTION: ~--~ New [] Exoansion 7. AMOUNT OF LAND AFFECTED; 8. W~LL PROPOSED ACT;ON COMPLY WITH EXISTING ZONING OR OTN [] YI$ [] NO II NO, ~escribe briefly NG LAND USE RESTRICTIONS? g. WHAT IS PRESENT I.AND USE IN VICINITY OF PROJECT? [] Residential [] ln;~ustrial [] Commercial 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING NOW OR ULTIMATELY FROM AN~OVERNMENTAL AGENCY {FEDERAL. STATE OR LOCAL)? ' [] Yes ~'I Nr OF THE ACT!~N HAVE A CURRENTLY VALID PERMIT OR APPROVAL? If the action is in the Coastal Area, and you are a state agency, complete t~e I CoastaJ Assessment Form before proceeding with this assessment OVER 1 '(Continued on reverse side) QUESTIO~AIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) Robert & Jacouelvn Oberlin owners P~t~r Grabow & Rochelle Kruqer buyers B.' Is the subject premises listed on the real es~a~e mar~e~ ~or sale or being shown to prospective buyers? {x } Yes { } No. (If Yes, pl~ a~h C~II:~!X ~ "conddtinns" of C. Are ther~ =~y~rruposals tD =hange~r alter land { } Yes {x} No 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 bulkheaced between the wetlands area and .the upland building area? no 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? n/a (If not applicable, state "N.A.") 'F. .Are there any patios, concrete barriers, bulkheads or fen~as which e~t and are not ~hown cn the survey map that you ara submitting? ~one 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 also 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 r~n~al and proposed use residential § 97-13 WETLANDS § 97-13 TOWN ~ The Town of Southold. TRUSTEES ~ The Board of Trustees of the Town of Southold. [Added 6-5-~4 by L.L. No. 6-1984] WET'J_~.',FDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 b.L ,L.L. N~. ~lgs~ -~-~-~, ~', ~Y ~{DAL WETLANDS: (1) (2) Bo (3) All lands generally covered or intermittently cov- ered 'with, or which border on. tidal waters, or lands lying beneath tidal waters, which at mean iow t/de 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; All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which gro~vs or may grow some or any of the followin~, salt hay, black grass, saltworts, sea lavender, tall cord~'ass, high bush, cattails, groundseL n3.arahmnHow a~d All land immediately udjacent 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 wedand. FRESHWATER %VETLANDS: · (1) "Freshwater ~vetiands" as defined in Article 24. Ti- tle 1, § 2-1-0107. Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) Ali land immediately adjacent to a "freshwater wet- land." as defined in Subsection'B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 LINK STATIONERY ~ PTG. ID:9( 855502 NOV 05'9~ 15:26 No.O14 P.O1 NOV.5,1993 We,Jacguelya A. and Rober~ E. Oberlin, owners of property ac 805 Oak Ave.,Goose Bay Es~ates,Southold,New York, hereby give our authorization and permission to appeal from the decision of the Building Inspector of the Town of Southold denying a Building Permit for a u%ility shed on said property,to our attorney susan J. Zaoh. We also do hereby au~horise and Give permission to an agent of Celic Rsalt¥,Mattituu~New ¥orktto a~pear a~ the publto hearing on our behalf and teat/fy as neuessary regarding the reques~ ~or zoning variance of the above matter. Robert g,Oberlin Jacquelyn A.Oberlin STATE OF FLORIDA) COUNTY OF LAKE ) On the ~'~dsy ofmt'P~/ 1993 before me personally came ROBERT OBERLIN to ~e knoYn tO be the i~dividual described in and who exeouted the above instrument~and acknowledged that he executed same, STATE OF FLORIDA Isa , i~_~_~ ~s~,~.. II On ~he~da~ o~ 1993 ~efore 0BERLIN~ ~o ma ~novn ~o be ~he individual described in and ~ho executed ~he a~ve ina~umen~and acknowledged ~ha~ .she executed R-97% 9043833302 11-05-93 04:38PM P001 ~33 Reorder Form NO. 38068 -- Residential contract 01 sMe 2-91 Jointly ~fi;~r;d ~y ;~- ke~l-P-rop;fitv Section of the New York State Bar Associatio., tire New York State ~nd Title Association. the Committee on Real Property ~w of tl{e Association of the Bar of the City of New York a,ld the Committee on Real Property ~w of the New York Courtly ~twyers' AsstJciation. Warning: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN LANGUAGE"L CONSULT YOUR LAWYER BEFORE SIGNING THIS AGREEMENT NOTE: FIRE AND CASUALTY LOSSES AND CONDEMNATION. This con)mci foe d~s not provide for what happens in the event of fire. or other casualty loss or condemnation befo~ the tide closing. Unless diffe~nt provision is made in this contract, Section 5-1311 of the General Obligations Law will apply. One pan of the law makes a Purchaser res~nsible for fire and casualty loss u~n taking ~ssession of the Premises befo~ the title closing. Residential Contract of Sale CONTRACT OF SALE. made as of September BETWEEN ROBERT OBERLIN and JACQUELYN OBERLIN Address: 2309 Overlook Drive, Mount Dora, FL 32757 Social Security Number/Fed. I.D. Nols): 486-22-4612, 089--22-1089 19 93 hereinafter "SELLER". and PETER GRABOW and ROCHELLE~.~v,, ....... ~/~/~ Address: 333 East 34th Street, New York, NY 10016, Apt. llE Social Security Number/Fed. I.D. No(s): hereinafter called "PURCHASER". The parties hereby agree as follo~s: I. Seller shall sell and convey and Purchaser shall purchase the property, together with all buildings and improvements thereon (co[leclixeh thc "Premises"). more fully described on a separate page marked "Schedule A", annexed hereto and made a part hereof and also kno~n a~: Street Address: 805 Oak Avenue, Southold, New York 11971 Tax Map Designation: Section 077, Block 01, Lots 14 and 20 Together with Seller's ownership and rights, if any. to land lying in thc bed of any street or highway, opened or proposed, adjoinin_o the Premises to the center line thereof, including any right of Seller to any unpaid award by reason of any taking by condemnation andor lb~ an) damage to the Premises by reason of change of grade of any street or highway. Seller shall deliver at no a~ditional cost to Purchaser. al Closing (as hereinafter defined), or thereafter, on dernand, any documents that Purchaser may reasonably require for the conve',ance of such title and the assignment and collection of such award or damages. ' 2. This sale also includes all fixtures and articles of personal property now attached or appurtenant to the Premises. unless specifically excluded below. Seller represents and warrants that at Closing hey will be paid for and owned by Seller, free and clear of all liens an~l encumbrances, except any existing mortgage to which this sale may be subject. They include, but are not limited to. plumbing, heating. lighting and cooking fixtures, bathroom and kitchen cabinets, mantels, door mirrors, switch plates and door hardware, venetian blinds. window treatments, shades, screens, awnings, storm windows, stoma doors, window boxes, mail box. TV aerials, weather vane. flagpole. pumps, shrabbery, fencing, outdoor statuary, tool shed. dishwasher. ~a:;~!;:g :::2ohina. clothes dryer, garbage disposal unit. range, oxen. refrigerator, freezer, air conditio in equi ment and i sta[ atio '. wall to wall carpeting and built-ins not excluded belo~ {strike out inapplicable items), barn ~ySe s~orage i~e~, ~irepiace screen and tools Excluded from this sale are furniture and household furnishings and refrigerator, dishwasher and bathrocm mirror 3. The purchase price is payable as )bllows: S 129,800.00 S 12,980.00 assunlc by jolndcr in thc deed: S (d) balance at Closing in accordance vdth palzlgraph 7: S 116,820. O0 il' any. of principal payable thereunder anti that the holder thereof will. on demand and withou; charge theref, r. execute, paragraph. Escrowee shall (not) (Delete if inapplicable) hold the Downpayment in an interest-bearing account for the benefit of the parties. If interest is held lbr the benefit of the parties, it shall be paid to the party entitled to the Downpayment and the party receiving the interest shall 500.00 : and B, oard of ,,Title ~nde~-writers 9~inst grantor'~ acts Closing Date and Ph~ce: Closing: Deed Tran.~fi, r and Other institution at o'clock on December 15 19 93 otherwise) by Purchaser. at the office of following conddions precedent: compliance, or evidence [hat none was required, covering the building(s) and all of the other improvements located on thc prop~n} incurred by Purchaser by reason of the nonpayment thereof. The provisions of this subparagraph (c) shall survive Closing. working order as of the date of Closing. and the roof free of leaks 18, (a) To the extent applicable, the lbllowing shall bc apportioned as ot midnight of the day belbre the day of Closing: (i) Taxes. water charges and sewer rents, on the basis of the fiscal period for which assessed: (ii) fuel; {iii} interest on the exiqing due and shall be paid by Seller at or prior to Closing. following Chlsing. This subparagraph shall survive Closing. Closing. 23. (a) If Purchaser defaults hereunder. Seller's sole remedy shall be to receixc and retain the D*wnpayt ~en as liquidated damages, it being agreed that Seller's damages in case of Purchaser's del~ult might be impossible to ascertain and that the Downpa}ment conslilutes a fair and reasonable amount of damages under the circumstances and is not a penalty. (b) If Seller defaults hereunder, Purchaser shall have such remedies as Purchaser shall be entitled to at law or in equity, including. but not limited to, specific performance. survey ~nspcctmn charges, are hercby made liens on the Premises, but such liens shall not continue after default by Purchaser under this 25. An)' notice or olhcr com~ation ("Notice") shall be in writing and either ~enl by either of the parties hereto or by Iheir rcspcclivc allornc.xs ',,'ho are hc~Sy aulhorized m do so on hcr bcha £ r by he l~L~wcc, by registered or ccniffed mail, postage prepaid, or (b) d¢lixered in person or by overnight courier, with rcceipt acknowledged, lo the respective addresses given in this contract for the party and thc Escrowee, lo whom the Notice is mbc given, or to such olher address as such party or Escrowee shall hereaftcr designate by Notice given to me mhcr party or parties and Ihc Escrowee pursuant 1o this paragraph. Each Noticc mailed shall bc deemed given on the third business da)' following Ihc date of mailing Iht same, except that any notice to Escrowee shall bc deemed given only upon receipt by Escrowee and each Notice delivered in person or by overnight courier shall be deemed givcn when delivered. 26. This contrac~ may not be assigned by Purchaser withoul Ihe prior wrincn consent of Seller in each in~tance and any purported assignment(s) made wilhom such consem shall be void. 27. Seller and Purchaser each rcprcscnls and warfares m other that it has nol dealt with uny broker in connection with Ihis sale other than Celic Realty, ~ain Road, Mattituck Purchaser shall indemnify and defend each other against any costs, claims and expenses, including reasonable anorneys' fees, arising out of the bm:ich on their respective pans of any representation or agreement conlained in this paragraph. The provisions of this paragraph IN WITNESS WHEREOF, this contract has been duly executed by the parties hereto. ........... ROBERT OBERLIN Seller i .... JACQUEL~N OBERLIN Seller Attorney for Seller: Susan Zach, Esq. Address: 57 W. 93rd Street, Apt. #5G New York, NY 10025 Tel.: Fax: 212-663-3741 212-222-7800 Ext. 240 Attorney for Purchaser: Schiffmacher, Cullen, Farrell & Limmer Address: 171 Great Neck Road, P.O.B. 220416 Great Neck, NY 11022 Tel.:516 482-7600 Fax: 516-829-7037 Receipt of the Downpayment is acknowledged and the undersigned agrees to act in accordance with the provisions of Paragraph 6 above. Susan Zach 0 Esc3~wee Contract of Sale TITLE NO. ROBERT OBERLIN and JACQUELYN OBERLIN PETER GRABOW and TICOR TITLE GUARANTEE COMPANY PREMISES SECTION 077 BLOCK 01 LOT 14 and 20 COUNTY OR TOWN Suffolk, Southold STREET NUMBER ADDRESS 805 Oak Avenue, Southold, NY R-,80 "' R~-80~ / SO A-C ,/ ~) COUNTY OF SUFFOLK IwmSOLrT,OLO L Real Property Tax Service I' ? (~) COUNTY OF SUFFOLK J~mm$OUTHOLD Real Property Tax Service Agencyl,~ceee 077 JUDITH T. TERRY, TOWN CLERK Town of Sou~old Southold, New York 11971 Phone: 516- 765 -1801 ~EOE,VEO 0~: FOR: '"~'~'~--~""~' ~1~{~ASH HECK ?~ .~ ~ RECEIPT 048560 HEREBY ToWa of the SOUTHOLD TOWN tBOARD O~, APPEALS, ,at he South0ld Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, i)~-~MBER 8, 1993, commencing at the times specified below: 1. ?:32 p.m; AppL NO. 4202- ROBERT AHD JAC- QUELYN OBERLtN,~ Vafiun~, t~ ~tho Zemh~Or- di~¢e~ ~ ILIA, Section 100-30~.4.000-33) f~ pro~ technically do~s nm haw an ~st~mlisll~ "rear yard** dcrmed by Location of Prol~:. 80~ Oak Avenue, (3m~ B~y Estate, Somhold, NV; ~un- ty Tax ~ *lO09. S~- tion ??, Block ~ Lot 20.1. The subject premises is located in thc R~40 Zone and contalm an area of 19,Z00~, ~quar~ feet. SALVATORE' ~¥IIqDiOHI. var~ncc m, the Z~nin~ O~, dinn~ A~/¥]e llI~. 100~30A.3 ,~r permissi6n ~o constr~ct addition which will "m~*~dun. Locafiun of Marion, lq~ County ~ax Map District 1.~090, ~ction to as Lot No. 19 on the Map of Marion Manor filed 18, 1953in tbe Suffolk Coun- ty Clerk's offi~e. This proper- ty is located hi the R-40 Low~ Density Residential Zone ~ District end has a total tot mea ' of 10,000 sq. ft. 3. 7:40 p.m. Appl. No. 4203 'ROBERT E. BIDWELL.. Applicatlun fo~ Special Ex~p- tion und~ Article III, Section 100-31B-13 of the Zoning Or- dinance, for approval ~of winery uses in existing' building and proposed building. The site plan shows that the property is situated along the south side of C.R. 48, Cutcho~e, NY, is zoned A-C Agricultural- Conm'vatlo~ end is identified. on the ~ffOlk-Cbunty ~ Mai~..a~ ~ 1000, S~n 4.'7:50 p.~. AppL N~x 4204- ~om~c~Ozos. ~to XXHI, Section 100-239.4A(1) fo~ 4~ ~ssi0n~to~lo~te<po0l ami~relat~d, stru~m~s within 100 feet of thetop ~fthe bluff Lo.lion 2110 No. Ho. 419~ LTD, (Car- s~~m~ by Article IliA," Section,- 100-30A.2B for permission establish · Accessory Apart- ment use in conjunction with owner's residency in this ex- isting principal building presently oc~c~ upied as a dwell- lng with ~ara~ Location of Property: 955;~Deep Hole Dr~M~cl~ NY; Coun- ty ~.~Map Pazeel No. 1000, Section 115, ~lJiOck 13, Lot 9. This ]~perty e~lltalns a lot area of appro~in~i~ely 15,000 sq. ft. and is located hi the ~ R .~10. P~sidcngai Z~m~ nisulct. The Board of Appeals will at said time and place hear any and all ,p~o. m o~ tstl~s ~ t0 I~ haJd in the above matters. Written coma~U ma~ ~.. ~ sub- mi~ed ~io~ to of.the mbi~ ~ beating will not scan before the dines d~snat~l alx~. If ~ou wish to ~ tbe files or n~l to r~iuest mot~ informa- tlun, pl~a~ call 765-1809 or visit unr offic~ Dated: November 17, 19~3 BY ORDER OF . ~ OF~PEALS OERARD P. oo~HRINOER IX-11/25/9t(25) COUNTY OF SUFFOLK !,TATE OF NEW YOR. K SS: Patricia Wood,' being duly sworn, says that she is the ['_'ditor, o(THE LONG ISLAND TRAVELER-WATCHMAN, ; public newspaper printed at Southold, in Suffolk County; nd tidal the notice of which the annexed is a printed copy, his I'~ccr~ .published in said I.on§ lsland Traveler-Watchman once each week for. .................... ~' .... weeks successively, commencing on the .......... ~ .......... o, y .... ,9 Sw(~r'n lo [)cfm'e mc Ibis ..................... clay of ...... .... Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of I~ew York No. 4806g, 46 Qualified in Suffolk County Commission Expires BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o[ the Petition of Susan Zach to the Board of Appeals of the Town of Somhold TO: George and Ellen Dalton 153 Beach Ave~ue Larchmon~ NY 10538 Sect.77 Block 1 Lot 13 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: .J 1. That it is the intention of ~t~e undersigned to petition the Board of Appeals of the To'am of Sourhold to request a (Variance) (~e~kR~c~P~Y~bak~:~~ (Other) [circle choice] for utility shed L 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: sinqle fami~/ r~i~en~ owned hy I~r~1~-~-. ~ .7~q,~yn ~r~n 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningd~strict: Town of Southold GooseBay Estates Thatb%suchPetition, theundersigned wiUrequestthefollowingrelief: variance for the barn-type utility shed in what rear yard 5. That the provisions of the 5outhoid Town Zoning Code applicable to the relief sought by the under- signed are Article ITTA Sectio~ 100-30A.4. [ ] Section 280-A, New York Town Law for approval oq= 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 5outhold 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 Appeaks; 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:' 11/6/93 ' Susan Zach Petitioner Owners'Names: Rn~,:,r~'. g--Jacquelyn Oberlin Post Off]ce Address 57 West 93rd St. %~5G New York, NY 10025 Tel. No. ( 212 ) 663-5473 ['Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS George & Ellen Dalton Sect.77 Blk.1 LoLl3 153 Beach Ave., Larchmont NY 10538 George P.&Josephine D'Auria Sect.77 Blk.1 Lots 19,15 Harry and Mary Beaton 85 North Woods Rd.,Manhasset, NY 11030 140 Darrow La., Greenlawn, NY 11740 P &93 221 50.3 ~. c~'Ceipt for N~e~rtified Mail ~ Insurance Coverage Provided ,~.~.~.~.~.~.~.~.~,~ Do not use for International Mail STATEOFNEWYORK) COUNTY OF~f~) ss.:/ New York P 893 221 526 P. Qcm.'pt for Certified Maml' \ mm No Insurance Coverage Provid~l ,~-~%=,,~ Do not use for International Mail (See Reverse) P 893 221 504 Receipt for \ Certified Mail ~ No Insurance Coverage Pro~gded Do not use for International Mail (See Reverse) ~tree and N . Q, State end ZIP Code Certified Fee Special DeJive;¥ Fee Restricted Delivery Fee Susan Zach .residingat 57 W~ 9:~rd St. NY NY , being duly sworn, deposes and says that on the 6th day of Nov, ,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 Somhold; that said Notices were mailed at the United States Po~t Of- fice at Columbus Ave~. g, q3rd S~-.. NYC ;that said Notices were mailed to each of said persons by · {cert!fied) (r~e~) mail. Sworn to before me this ,~'.,~ ., .-- . /. (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN_OF SOUTHOLD In ~he Matter or the Petition of SUsan Zach to the 80ard of Appeals of the Town nf Soutbnld TO: oeorgi~ p. & Josephine D'AurJa 85 North Woods Road Nanhasset, NY 11030 NOTICE "20 ADJACENT PROPERTY OWNER Sect.77 Block 1 Lots 19 and 15 YOU ARE H'EJ~Ei3Y GIVEN NOTICE: 1'. That it is the interi ioll of th~ unders gned to petition the 8oard of Appeals of the Town of Southold to request a,(Variance) (Sx~x~x~~9~k~p:~f¢_9~) ·(Other) [ci£c le choice] for Utility shed property Which is the subject of the Petition is located adjacent to your property and is des- 2. That thes, cribeda~follows: -inGle family residence nwnpd by Robert ~ ,lac~n~lvn Oberlin 3. T~attheprop~rty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: T~wn of ~outh~d. Goo~ Bay ~'lhath~suchPetiiiod, theundersigncd willrequestthefollowlngrelief: variance for the barn-type utility shed in what' is used as a rear yard 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article IliA Section 100-30A,4, [ ] Section ?.80-A, New York Town Law for approval of access ovem might(s)-of-wayl 6. That within five d:,~s 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, Southoid, New York and you may then and there examine the same during regular office hours. (5]`6) 765-].809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:' 1 Susan Zach Petitioner Owners'Names:~obert & Jacquelyn Oberl~ PostOfficeAddress 57 West 93rd Street ~5G New York, NY 10025 Tel. No. (212) 663-5~73 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] BOARD OF APPEALS, TOWN OF SOUTHOLD In the iS]alter ot the Petition of Susan Zach totheBoardofAppealsoftheTownnfSouthnld TO: Harry & Mary Beaten 140 Darrow Lane Greenlawn, NY i1740 NOTICE TO ADJACE~]T PROPERTY Sect. 77 Block 1 Lot 21 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (~X~X~)~J~c~I~ (Other) - [circle choice] for utility shed 2. That the property whlch is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ' sinole family residenc~ owned by ~nb~rff ~ .T~q,~y~ 3. Thai the property which is the subject of such Petition is located in the following zoning district Town of Souhhold. c~o~ R~y ~+~.~ 4 Thatl~ suchPelition, theundersignedwillrequestthefollowingrelief: ~ariance for the barn-tv~e utility shed in wh~ i~ yard ~ $. That the provisions of the Southold Town Zoning Code applicable to thc relief sought by the under- signedare Article IIIA SectAcn ~-~n~.4. ~ ' [ '] Section 280-A, New York Town Law for approval of access over right(s)-of-way] 6. That within five days from the date hereof, a written Petition rcquestin§ thc relief specified above will be filcdintheSeuthold Town Clerk's Office at iMaM Road South01d, New York and you may then and there examine ~he same during regular office hours. (516) 7~'5-1809. Town of Southold and designated for thc publication right to appear and be heard at such hearing, 7. That before the relief sought may be granted, a public hearing must be held on the matter by thc Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, n6wspapcrs published in the of such notices; that you or your representative have thc · Dated:'_. 11/6/~$ . Susan Zach Petitioner Owners'Names:._Robert & Jacquelyn Oberlin PostOfficeAddress 57 West 93rd Street ~5O New York, NY 10025 Tel. No. (212)663-5~73 [Copy of sketch or plan showing proposal to be purposes.] attached for convenience