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HomeMy WebLinkAbout4079Nassau Point Rd. 3___ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOT]7 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. 4079: Matter of GEORGE STORMS. Variance to the Zoning Ordinance, Article XXIII, Section 100-230C(1) for approval of fence areas along the front yards which will be in excess of the four-foot height limitation. Location of Property: 105 Bridge Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-118-3-3.5, also known as part of Lots 128 and 127 on the Amended Map of Nassau Point. WHEREAS, after due notice, a public hearing was held on January 23, 1992, 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. By this application, appellant requests approval of the placement of a fence located within and along the front yard areas at a total height of six feet. The length of the fence is approximately 76 feet along Bridge Lane, approximately 36-1/2 feet extending in a north-south direction from the house, and approximately 49 feet along the southerly rear property line also extending in a north-south direction. Although only that portion of the fence located in the "front yard" are required to be at four feet in height, the entire fence enclosure is intended to fully enclose the pool area located in the rear yard between the applicant's house and the neighboring parcels (to the south). 2. The premises in question is located in the R-40 Zone District and contains a total area of approximately 40,000 sq. ft. The copy of the survey submitted with this application shows that this parcel is improved with a 1-1/2 story frame house and accessory swimmingpool in the southerly (rear) yard ~age 2 - Appl. No. 4079 Matter of GEORGE STORMS Decision Rendered March 5, 1992 area. The subject pool and fence enclosure are the subject of an outstanding building permit (No. 20194) and require final approval for a Certificate of Occupancy. 3. Article XXIII, Section 100-230C(1) of the Zoning Code provides that any fence to be situated along the front property line must be erected and maintained at a height not exceeding four feet. (Fences along the side and rear yard areas are permitted at the proposed height of six feet.) 4. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to this property particularly since it is a corner lot; (b) the circumstances are not personal in nature; (c) the relief is substantial as applied, being a variance of 50% of the requirements for the additional two foot height; (d) the relief as granted does not involve any increase of dwelling unit density and will not cause a substantial effect on available governmental facilities since the structure is a fence for security, screening and privacy purposes; (e) the relief requested is not unreasonable due to the uniqueness of the property and the immediate area; (f) there is no alternative economically feasible for appellant to pursue other than a variance; (g) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, be adverse to neighboring properties, or alter the essential character of the neighborhood since there are fences and structures at heights above four feet on this pennisula (Nassau Point) used for the same purposes and/or structures such as tennis courts or screened storage areas incidental to residences in the area. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Variance for permission for new fence at a maximum height of six feet as located along the front yard areas and as described in paragraph #1, supra, with the lawn Page 3 - Appl. No. 4079 Matter of GEORGE STORMS Decision Rendered March 5, 1992 area along the front property line of Bridge Lane being maintained. Vote of the Board: Ayes: Messrs. Doyen, Grigonis, Dinizio, and Goehringer. Naye: Mr. Villa (opposed to granting of height variance since the reasons for the difficulties are self-imposed). This resolution was duly adopted. lk GERARD P. GOEHRI~GER, CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JANUARY 23, 1992 commencing at the times specified below: (1) 7:35 p.m. Appl. No. 4073 - MR. AND MRS. EDWARD M. CUMMINGS. Variance to the Zoning ORdinance, Article III, Section 100-33, for permission to relocate existing garage to another location in the front yard area. 4775 Paradise Point Road, Southold, NY; No. 1000-81-1-24.5. Location of Property: County Tax Map Parcel (2) 7:40 p.m. Appl. No. 4079 - GEORGE STORM. Variance to the Zoning Ordinance, Article XXIII, Section 100-230C(1) for approval/ ence areas which will be in excess of the four-foot height limitation. Location of Property: 105 Bridge Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-118-3-3.5, also Page 2 - Legal Noti~ Hearings for January , 1992 Southold Town Board of Appeals known as part of Lots 128 and 127 on the Amended Map of Nassau Point. (3) 7:45 p.m. Appl. No. 4075 - MICHAEL HERBERT. Variance to the Zoning Ordinance, Article IX, Sections 100-91A and Section 100-92, Bulk, Area and Parking Schedules, for permission to establish business sales office in addition to existing uses as an owner-occupied two-family dwelling with manager's quarters. The lot area applicable to each use in this Hamlet-Business Zone District is 20,000 per unit/use. The lot as exists is nonconforming for the existing principal uses having a total lot area of 20,129+- sq. ft. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-23. (4) 7:50 p.m. Appl. No. 4077 - THOMAS MONSELL. Variances to the Zoning Ordinance, Article IIIA, Section 100-30A.3, Bulk and Area Schedule, for approval of the size of each proposed Lots #1, #2 and 93, at 40,000 sq. ft. each, exclusive of wetland meadow areas and inclusive of proposed right-of-way easement areas as shown on the pending Minor Subdivision Map prepared by Roderick VanTuyl, P.C., L.S. (lastly dated July 29, 1991), under also 'consideration at this time by the Southold Town Planning Board. {Note: This application is not for 280-A access approval under New York Town Law Since the Southold Town Planning Board will have jurisdiction over the proposed rights-of-way under its subdivision reviews.} Location of Page 3 - Legal Noti~ Hearings for January 23, 1992 Southold Town Board of Appeals Property: Southerly end of Monsell Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-138-1-2.1, 9.1, 13.1, 14, containing a total area as exists of 3.0 acres. 7:55 (5) /Appl. No. 4047 - ETHEL H. BETZ. (Continued from Decem- ber 16, 1991 as requested by adjacent property owner). Variance to the Zoning Ordinance, Article III, Section 100-30A and Section 100-31A.3, Bulk Schedule, for approval of insufficient lot area and width of two parcels, as conveyed by deeds in 1951 and 1956. Location of Property: Northeast side of Calves Neck Road, Southold, NY; County Tax Map Parcel No. 1000-63-7-34 and 35. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: January 13, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GER~/~D P. GOEHRINGER CHAIRPLAN By Linda Kowalski TO: L.I. Traveler-Watchman,.Inc. Fax Transmission Times-Review, Inc. For Publication 1/16/92 Copies have been forwarded 1/13/92 to the following: Mr. Edward M. Cumming, Box 1900, Southold, NY 11971 Page 4 Legal Notice Hearings for January 23, 1992 Southold Town Board of Appeals Mr. David Dowd, Box 1057, Shelter Island, NY 11964 (Re: Cummings) A. Stingray Ltd, d/b/a Dunrite Fence, Box 488, Rocky Point, NY 11778 (Re: Storms) Mr. and Mrs. George Storms, 105 Bridge Lane, Nassau Point 11935 Marie Ongioni, Esq., Box 562, Greenport, NY 11944 (Re: Herbert and Monsell) Rudolph H. Bruer, Esq. P.O. Box 1466 Southold, NY 11971 (Ethel Betz) Also copies with file info to ZBA Members, Individual Hearing Files, and Town Clerk Bulletin Board FORM TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated .../. ~.~/. ~. ............ ,19 ~/ ' for permit to ~.~../'-CM~.' .;~..~. ....... .~....~. ~/~ j~ j j ~ ~ House No. namtet ~ Subdivision ................. Filed Map No ................. Lot No ........ ' .......... · ~e. ~- ~ ~ . './ . ~ ~ ~L7 ....... ~ .... ~~... ~~...~...~. .... ~~ ......... · ..~ ........ ~/~: ...... ~.~.....~...~. ~~ ~.~~ ¢~ ~~_ ~ ~ ~ .... ~ "" ~?" ' 77' ~ .................................... ...... RV 1/80 .- Examined ................ , 19 ... FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Approved'i .., ............ , 19 ... Permit No ............ Dis:tpp~-O~ ~ ..................................... · ~ ':t ~ ;' ~ ~ .~.¢ ,;~,~, . ................................... (Building Inspector) APPLICATION FOR BUILDING PERMIT )ARD OF HEALTII ......... SETS OF PLANS ......... SURVEY .................. CIIECK ................... SEPTIC FORH ............. NOTI PY = CALL HAIL TO: Date ................. 19 INSTRUCTIONS a,. i ~ :*Pl~lication must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 · ets ot~plafi~)a~em-ate plot plan to scale. Fee according to schedule. b. Pl~t Plan shOwing location of lot and of bulldogs on premises, relationship to adjoining premises or public streets ~r areas, agd giv~g a detfilcd description of layout of property must be drawn on the diagram which is pan of this appH- :atioa. ~, ~e woe,covered by t~s application may not be c~mmenced before issuance of Building Permit. i; ~ Og~o~al of this application the Building Inspector will issued a Bufld~g Pemit to the app~cant. Such pemit · 0~l ~ kegi ~a,,fh~ premises available for tnspect~on throughout the work. e. No braiding shall be occumed or used m who e or n p~t for any purpose whatever until a Certificate of Occup~cy hall have bg~n granted by the Building Inspector. A~[I~T~N IS HEREBY MADE to the Build~a Depmment for the issuance of a Building Pemit pursuant to the luilding Zbh'e ~rdinance of the Town of Southold, S~ffolk County, New York. ~d other app~cable Mws. Ord~ces or {egulations. for the construction of bu~d~gs, additions or alterations, or for removal or demolition, as here~ described. ?he applicant agrees to comply with a~ applicable laws, ordinances, building code, housing code, and regulations, and to :dmit ~utl~d ~specto~ on premises and ~ bulldog for necessa~ inspections. __ (Si.natur~ of affplicant,~r name, if a corporation) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electriciag, plumber or builder. Xam~ of 0Wh~;'~r ~rmnises ~ .... ~ ~. ........................ (as on the t~ roll or latest deed)  ....... ~x ....... fi ' incorporate officer) No ......... PIUnl~. L!~qse No ........ : ................ So... ................... n which proposed work will be done .............. ' ::: ........... :. .............. c.,..e, Jy ........... !!gu~g' ~j~,! ~treet H amlqt CotmlyTax MilP No. lO00Section ...2]/~ ........ Block .... ~ .......... Lot .... ~ ........ S~*~Oi~4~i~ .~:, ~ ,., ............................... Filed Map No ....... , ........ Lot ............... . {Name) Stalg; a~illitlg,, use:and occupancy of premises and intended use and occupancy of proposed construction: a. gx'~s ~i~,1," g~ ~ n d occupancy ' ' b, l~le~O ~ and occupancy ........................................... .... . ~alure of work (check/h applicable): New Building Addition ~a~r ............. n~,emoval .............. Demolition ...... ' '~kl teration .............. Other Work. ~..~ ~t~ated Cost ~.~.~ ~ (Des (to be paid on filing this applic: ~[ dwelling, number of dwelling units ............... Number of dwelling units on each floor. If garage, number ofc~s .......... .. If business, Commercial or m~xed occupancy, specify nature and extent of each type of use ... Dimensions of existing structures, if any: Front... ' ......... ~ ~ .......... Rear .......... Depth ....... ~ eight ......... ...... mnberofStories ...... " ' . '" ~' ~ensi°ns °f same stmctur~ ,ith alterations or additions: Front ................. 'Rea/ '. ~ ~ep h .... . .. Hm~t ...................... Number of Stories .... Dimensions of entire new construction: Front ............... Rear ............... Depth ....... Height ............... Num bet of Sto~es ...... oflot: Front ..... .......... ,,Date of Purchase ........................ Name of Fo~ ' ', ' " ' ' ~0ne or use district in which premises are situatea er Owner ..................... ~ proposed constructmn vmlage any zoning law, ordinance or reou~ ~ ~ ' ~ ' ' ' ~/ .... . ......["* ................ Will excess ~11 b~ removed from remus ~ of Owner of premises .~o~ ~ ...... ~ ~ -, p ' es: Yes - " ............. ~. · ~SS ~ O~ ~ N~e of Architect / . ~ ~ ~.'~'~. · ~ ~ ..... Phone No -~e of Contractor ~ann~ /~ ....... ~ ~ ;~;~ · ·/- :.~-, ....... Phone No .... · ~ yes, Sou~ho~d *~,.,~ ~ ......... ~ ......... No.~... ... PLOT DIAG~ ~'~;,~g~ clearly and distinctly ~l build~gs, whether existing or proposed, ~d indicate ~' ~nes. Give street ~d block number or de~-~--' - .... , ~1 set-back d~ensi~ ~taption accoro~g to Oeeo, and show street n~es and indicate ' ' · !:~ i ~Name of individual signing contract) '~ j~'i~,! i , and is duly authorized to perform or have perfonued the said w ' 'fil Pligglli~ lhat a 1 statements contained in thi~ -- ' ~' . .. , ork and to n~e and - , ' . ......app~ cauon are true to tile oest of hia knowl ,. . . ,rg ~t b l~rfo~cd m ti e m~nerse edge and bel el, and ~ , g I ' t forth in the application filed therewith, th O~ ~:~/~f¢ me this .... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Street on~;Y'Number ~,lome of Appellant ........ ............................................................ ........... APPEA,- TO J Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... ( ) ( ) WHEREBY THE BUILDING INSPECTOR DENIED TO .......... ................ ............................... './.:. ....................... Street and Number Nt'unicipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...... ./...~...,'~.,...,.x~,,~/,,',~,~,~..,/.,~,,Z~,,~ ...... ~.,,~Z.~,~,,°,~.~.~.....; ............. Stree~7'~Hamiet / Use DistrictTc;n Zoning Map District 1000 Section//~>Block3 Lot~ ~ r - ............................................................... ::...,.~,ur en~ Owner -~,~ Map No. ' Lot No. Pti or Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art, 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (~t) been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeal was ( ) request for a special permit { ) request for o variance and was made in Appeal No ................................. Dated ............................. ~ ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ( ) iS requested for the reason that F~ r' ~ / ~4/~' ~:~ Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneceso 2. The hardship creoted is UNIQUE and is not shared by oil properties alike in the immediate this property and in this use district because - -- --... . 'Z-~ ~'r"',;-r ~ ,of 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE '/~ /.. STATE OF NEW YORK COUNTY O F .~J--~ ) ) ss ) Signature Sworn to this .......... 7~,, ..................... day of..,..~.~ ...................... 19~_.. ................. Notory Public UNDA J. COOPER Notary Public, State of New Yo~ No. 4822563, Suffolk Countyo-~ Term Expires December 3~1, 19 OWNER FORME OF $OUTHOLD STREET N PROPERTY RECORD CARD VILLAGE SUB, LOT t,,::~r'.J: I-~ S W RES. ~.~ SEAS. VL. FARM COMM. ( AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre fRONTAGE ON /oodland __ FRONTAGE ON ~eadowJand --- DEP, TH quse Plot -__ BULKHEAD DOCK ROAD MICS. TYPE OF BUILDING Mkt. Value COLOR TRIM M. Bldg. Extension Extension Extension Porch Porch Breezeway /£ Garage Total Foundation Ext. Walls Fire Place Type Roof Recreation Room DTF Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway Dinette K. LR. DR. BR. j FIN. B / r DEPARTMENT OF PLANNING COUNTY OF SUFFO ROBERT J- GAFFNE~ SUFFOLK COUNTY EXECUTIVE March I1, 1992 ARTHUR H. KUNZ DIRECTOR OF PLANNING 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 Connnission 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) Storms, George 4079 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner (516) 853-5192 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pttrst~nt to JLr~civle X_W of t_he Strffo]_k Cottnty Ac~st-rative. Cc~e, The ~koard of Appea_ts of the ~t~wn of F~ut/qold, New York, hereby refers the follow~ng txD the Suffolk C~t~lty Plaru~g Cc~ssion: xx Variance from the Zoning Code, Article XXlII , Section 100-230C (1) __Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section __Special Permit Appeal N0:4079 Applicant: George Storms Location of Affected Land: 105 Bridge Lane, Cutchogue, County Tax Map Item No.: ]000-118-3-3.5 Within 500 feet of: NY 'XX Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-o~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 Comments: Applicant is requestingh~t'xa&~=~xix~·t~ fence areas along the front yards which will be in excess of the 4' height limitation, ~pies of Town file and related documents enclosed Dated: March 10,.1992 for your review. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 March 6, 1992 Mr. and Mrs. George Storms 105 Bridge Lane Nassau Point Cutchogue, NY 11935 Re: Appl. No. 4079 - Variance for Fence Height Dear Mr. and Mrs. Storms: Please find attached a copy of the Board's findings and determination rendered last evening concerning the above matter. Please be sure to return to the Building Inspector's Office for issuance of the permit, as amended by this determination. A copy of this determination has also been furnished this date to the Building Department for their update and permanent recordkeeping. ~ Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Suffolk County Department of Planning Building Department Page 3 PUblic Hearing--Southold Z.B.A. January 23, 1992 Appeal ~ 4079 Applicant (s): George Storms Location of Property: 105 Bridge Lane, County Tax Map# 1000-118-3-3.5 Nassau Point, Cutchogue, NY The Chairman opend the hearing at 7:40 p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the survey, the Board has all seen %he property, we are aware of the the six (6) foot fence and I have a copy of the Suffolk County Tax Map indicating this and the surrounding properties in the area. Would you like to be heard sir? GEORGE STORMS: Yes. I have here, which I think should be entered into the situation, communication from the Chairman of the Nassau Point Property Owners, Chuck Fraser. The owners of the community have endorsed this change for safety reasons and these are some of the fences in the area that exist today on other properties. What we are contending is that as a safety measure, because of the location of where this is and the fact that the property is downhill. It is only approximately twenty percent (20%) of the fence that represents an excess of the four (4) foot limit. CHAIRMAN GOEHRINGER: You mean above grade. MR. STORMS: Yes. CHAIRMAN GOEHRINGER: We are just taking a second here. We are passing the pictures down to the other side. Mr. STORMS: We elected to use a smooth side fence, for safety purposes. Whereas chain-link would offer an additional incentive for young people to go over it. As a result we went With this. It is going to be planted in keeping with the rest of the community. CHAIRMAN GOEHRINGER: Is that fence directly inside the property line? GEORGE STORMS: Yes. CHAIRMAN GOEHRINGER: So the property line extends that close to the road. GEORGE STORMS: Yes. CHAIRMAN GOEHRINGER: I understand the infant issue and children and so on and so forth, but I don't specifically understand the issue of deer, racoon, and so on and so forth. Are you concerned about animals getting into your rear yard area? Is that what the concern was? Page 4 PUblic Hearing--George Storm Southold Z.B.A. -- 1/23/92 GEORGE STORMs: Well we always had them living there, until we took down an awful amount of big trees that were in that area. I brought in seven hundred (700) yards of top soil and fill from Lee Dickerson. So we have upgraded the property tremendously to accommodate this back yard, to preserve the natural beauty of the community, but it has beem a natural habitat for animals in-the past. CHAIRMAN GOEHRINGER: You mean you brought this seven hundred (700) yards in when you built the swimming pool so it didn't end up to be a reservoir. You built the swimming pool up. In the whole rear yard. GEORGE STORMs: Right. Because it was probably from Bridge Lane , cleared out, we were about six to eight feet (6 to 8'), in fact a bull- dozer sitting there you would look down on the top of it. That is how low the property would have been if I hadn't brought in the seven hun- dred (700) yards of fill and top soil. CHAIRMAN GOEHRINGER: Does any one have any questions, Bob Villa, Jim Dinizio? Does anybody object to this? MEMBERS: No. CHAIRMAN GOEHRINGER: I want to be honest with you Mr. Storms. I of course am looking at a raw fence as opposed to a seasoned fence. I myself, I have never met you before and I have nothing against you in any case, I don't particulary care for it. What I would have rather seen was an application for this Board for six (6) feet at the post-line. And a cut to five (5) feet. And I am talking about a circular cut like this. A scallop effect. Only because it does cause a precident. The other fences you are citing are primarily fences that have been there for many, many years and probably have been replaced, but they have been replaced in time so you haven't noticed it and that GEORGE STORMS: It is only of the area you are referring to along Bridge Lane. The six (6) foot that we are entitled to directly behind the house. This piece is only approximately of six hundred (600) feet. of fencing. One hundred (100), one hundred twenty (120) feet on the outside would be two (2) foot above what is the legal limit at the moment. CHAIRMAN GOERHINGER: As far as the area, I don't want to get involved in the establishment of your front yard area. But the front yard area is really that area which is the side yard which appears to be both sides. If you have a corner lot, so you are really talking not only the road frontage, you are talking also that area that leads to the house, which in this perticular case is thirty-six (36) feet four (4) inches. Not withstanding that fact I don't have a particular problem with the portion that is in back of the pool, determining that either side yard or rear yard is a mute point at this particular time. Nor ~n I going to challenge this particular issue with this point. I just wanted to tell you that I would have felt that scalloped effect would look have looked a heck of lot nicer. Page 5 Public Hearing--George Storms Souhtold Z.B.A. 1/23/92 GEORGE STORMS: Well we had that in mind to be frank with you, but we thought that there were certain disadvantages of the scalloped effect that would lend itself to being the young people being able to peer over and making it inviting for them to go over. And in that particular area where that six (6) foot exists that is two (2) foot above what is required or allowed that happens to be heavily shrubbed and treed. So that there would be no way of us detecting anybody coming in that area, until the damage was done. CHAIRMAN GOEHRINGER: So that area in front of the fence is really a portion of the road, the unpaved portion of the road. GEORGE STORMS: That is right. There is no houses adjacent to us. This is strictly a corner away from everything. We're more or less isolated in that one particular area. We are going to plant it and bring it up to make it more decorative that anybody else's to be quite frank. Once that turns grey and there are some shrubs in front of it, it will be an intregal part of the community. CHAIRMAN GOEHRINGER: side? When you say in front, you mean towards the road GEORG~ STORMS: Yes. CHAIRMAN GOEHRINGER: What were you planning on there? GEORGE STORMS: Well something in a juniper of some type that would be appropriate. It's eight (8) foot, ten (10) foot off the road there. 'It would be decorative and would flush right up against the fence and be a very decorative setting in the background. CHAIRMAN GOEHRINGER: Okay. We will give it a shot and we will do the best we can for you. Is there anybody else who would like to speak in favor of this application? Is there anybody who would like to speak against the application? I don't know if I will have the decision for you tonight, but we will have the decision for you shortly. We appre- ciate you coming in and bringing contractors with you. GEORGE STORMS: Is there any objections that the Board has that we could discuss. If there is anything. We do have the endorsement of the community. It is not like something is going up that everybody in the neighborhood is objected to. The president of the Nassau Point Property Owners as well as the chairman has endorsed it and recommended it. RONALD WHITE: One of those photographs, you were talking before about the fences probably being up before time. There is one that has an eight (8) foot high tennis court fence that is on the roadside. That is fairly new. I just wanted to bring that out to say that there has been a precidence before'. Page 6 Public Hearing--George ISouthold Z.B.A, 1/23/92 Storms CHAIRMAN GOEHRINGER: I think we granted that one, I am not sure. I don't know how to rectify this to be honest with you, I really don't and I am being honest with you. The whole issue is can I muster four (4) votes out of a five (5) member board for granting the fence. We will do the best we can Mr. Storms, we appreciate your coming out in this crumy night. GEORGE STORMS: That is no problem. I will be leaVing town this week, so I would like to resolve this before. CHAIRMAN GOEHRINGER: Does anybody have any questions at this time? Do you have any problem with the application at all? I should point out to you that we only have four (4) members of this Board present tonight, the fifth member is in Fisher's Island. We did speak to him and he did not come over, he opted not to come over because of the weather. We felt very happy about that, because the weather was very poor tonight. So we will do the best we possibly can for you to get a decision for you as quickly as possible. GEORGE STORMS: You made a decision in the first case. CHAIRMAN GOEHRINGER: That is highly irregular, I never do that. I only do that because the fellow had the building on the trailer and he wants to get it .... GEORGE STORMS: Well we have a fence on the ground too. CHAIRMAN GOEHRINGER: I know. As I said I don't have a particular problem. I would have liked to seen it scalloped. That is neither h~re or there.~ It is there. There is nothing I can do with it. GEORGE STORMS: I really don't think that detracts from the beauty. CHAIRMAN GOEHRINGER: My problem is causing the precident and that is what the whole issue is there. One of the main concerns I have is, I did not write the Zoning Code, the Zoning Code is there and it is in place and there are time when I certainly don't agree with certain things that are in it. Alright. In this particular case, I agree with this particular issue. I can sympathize with you and I understand your problem ..and I understand your right to privacy and I really, really, sincerely. GEORGE STORMS: We just want to make it clear that we did not put this up with the intention of violating the code. It was done in all innocence. By the contractor from out of the area. Only for the basis of protection of the community. Not realizing quite frankly that we call our back yard is considered front yard area, that was the one part of the situation that we weren't privy to, so as a result, it was an innocent mistake. I would just as soon have the whole thing four (4) feet or five(5) feet, but it still would not give us the protection and privacy that I think we are entitled to. Page 7 Public Hearing--George Storms Southold Z.B.A. 1/23/92 CHAIRMAN GOEHRINGER: Well you have a real beautiful spot there, there is no question about it. We will do the best we can for you and we will discuss amongst ourselves in open deliberation after this hearing, assuming that we don't go any later than 10 or 11:00 p.m. If we do, we will have a decsion for you in a week or so. Maybe not be before you leave, but you are welcomed to call us during the time that you are away or whatever the situation is. We will do the best we can for you. Thank you very much. Have a nice trip home. Having no further comment I make a motion to close this hearing, holding the decision until later. MEMBER GRIGONIS: Second ALL IN FAVOR -- AYE. By Lorraine A. Miller (Transcribed by tapes recorded by me on 1/23/92 TSL TELECOM SERVICES LIMITED (U.S.), INC. 14 Wall Street ~ F!oor 8A ~ New York, New York 1¢005 (2 ~2) 2e5.0400 ~ Fax (2~2) 285-4117 Date: I - = ¢- ?~- Number of Pages to follow: To: ~.~_~__,~.~~_,, Company: )~.-~ Telephone Number: _(~/4). ¢~3_ Fax Number: _~ ~¢ ~_ 3~ ¢~ Southo~d Town Bogd of Appeals -7- December 5, 1981 Special Meeting RESERVED DECISION: Appeal No. 2913. Application of Frances N. Frisbie, 175 Clearwater Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sections 100-30 and 100-35 for permis- sion to construct tennis court and fence exceeding the maximum four-foot height requirement in the frontyard area at 175 Clearwater Lane, Cutchogue, NY; Nassau Point Filed Subdivision Map No. 156, Subdivision Lot 106; County Tax Map Parcel 1000-118-5-2. A public hearing was held concerning this appeal on November 1981, at which time the hearing was closed and decision reserved until a later date. 5f The Board made the following findings and determination: By this appeal, applicant seeks permission to construct a 60' by 120' tennis court approximately 95' from a tie line on Clearwater Lane to the northwesterly corner of the proposed tennis court with a 10' high fence around the perimeter of same. Existing on the premises are a one-family dwelling containing a living floor area of approximately 1839 square feet and porch area of approximately 406 square feet, and accessory garage with an area of approximately 504 square feet. The lot in question has road frontage along the tie line of Clearwater Lane of 174.34 feet, an average depth of approximately 510 feet. The practical difficulties in this situation are unique and lends itself to th~ location of the dwelling approxi- mately 370 feet from the tie line at Clearwater Lane, leaving substan- tial frontyard area and minimal rearyard area. The Board agrees with reasoning of applicant. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances here- in are unique; that by allowing the variance no substanial detri- ment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Frances N. Frisbie be granted a variance to the zoning ordinance, Article III, Sections100L30 and 100-35 for permission to construct tennis court in the frontyard area and fence exceeding the maximum height requirement as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1. 'That a minimum setback of three feet be maintained from the westerly side property line; 2. That this matter be referred to the Suffolk County Planning $outhold Town Boa~ ~f Appeals -8- (Appeal NO. 2913 ~ Frances N. Frisbie =-mber 5, continued:) 1981 Special Meeting Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter. 3. That proper screening (i.e., 6' stockade fence, hedges or similar plantings, etc.) be maintained along the westerly side property line. Location of Property: 175 Clearwater Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-118-5-2; Nassau Point Filed Subdivi- sion Map No. 156, Subdivision Lot 106. Vote of the Board: Ayes: Messrs. Goehringer, Sawicki and Grigonis. (Messrs. Doyen and Douglass were absent.) Member Douglass arrived at approximately 10:00 a.m. Ail of the members discussed Appeal No. 2863, Southold Marine Center Land Holding Corp., which was given a conditional approval at a Special Meeting held October 2, 1981. The Board is concerned about several of the conditions of the board's decision, particularly Conditions 2 and 3 with reference to adequate access, regraded and paved to a width of 30 feet, and with reference to storage of boats within 35 feet of the Main Road, on the parcels located at the south side of Route 25. It was suggested that perhaps these matters should be brought to the attention of the Building Department~ BRID6E I ~/Z sr¢ LANE 26, ~0'. 225.00 ~' ,'.:° P~I?T O~ I. OTS .... ~ ~ ~ FILE cTqrlrtFD TO ~su~t to Section 267 of ~c Town ~w and ~c C~c of tbe To~ of Southold, thc following matters New Yo~ 11971, on TH~SDAY, IANUARY 23, 1992 ~m~cing (1) 7:35 p.m. Appl. No. 4073 MR. AND MRS. EDWARD M. 100-33. for pc~ssion to rcl~atc Road. Southold. NY; County Tax ~ (2) 7:40 p.m. Appl. No. 4079 GEORGE STO~. Variance to ~nin~ Ordinan~. A~clc XXIIL Section 100-230C(1) for approval fion. Location of Pro~rty: 105 ]C~nt7 T~ Map Parcel No. 118-3-3.5, al~o known a* pan of ~u 128 and. 127 on the Amended Map of Nassau Poht. (3) 7:45 p.m. Appl. No. MICHAEL HERBERT. Vadance to 92, Bulk, Ar~ and Parking Sched- ule~, rot pe~i~ion to lwo-family dwelling with man- robie to ea~ u~e ~ ~h Hamlet- No. 1000-140-2-23. (4) 7:50 p.m. AppL No. 4077 ~IOMAS MONSELL. Vafian~ the ~ning Ordinance, Article Section 100-30A.3, Bulk and Ama Schedule, for approval of ~e *i~ ~3, at 40,000 ~q. ft. each, and inclu*ive of proposed the pending Minor Subdivision Map preper*d by Roderick VanTuyl, P.C., L.S. (lastly dated July 29, 1991), under also consideration at this time by the Southold Town Planning Board. {Note: This application is not for 280-A access approval under New York Town Law since the Southold Town Planning Board will have jurisdiction over tho proposed tights-of-way under its subdivision reviews.} Location of Property: Southerly end of Monsell Lane, Cutchoguc, NY; County TaxMap~ Parcel No. 1000-138-1-2.1, 9.1, /' 13.1, 14, containing a total area as exists of 3.0 acres. (5) 7:$5 p.m. AppL No. 4047 -- ETHEL H. BETZ. (Continued from December 16, 1991 as requested by adjacent property owner). Variance to the Zoning Ordinance, Artidc III. Section 100-30A and Section 100-31A.3, Bulk Schedule, for ap- proval of instffficient lot area and width of two parcels, as conveycd by deeds in 1951 and 1956. Loca- tion of Propetmy: Northeast side of Calves Neck Road, Southold, NY; County Tax Map Parcel No. 1000- 63-7-34 and 35. The Board of Appeals will at said time and place hear any and all per- sons or representatives desiring to be heard tn thc above matters. Wnt-e~X ten comments may also be submit- ted prior to the conclusion of thc subject heating. Each hearing will not start before the times desig- nated above. For more information, please call 765-1809 or visit our office. Dated: January 13. 1992. BY ORDER OF TH~ SOUTHOLD TOWN BOARD OF APpEAI~ GERARD P. GOEI~JiNG ER CHAIRIVIAN By Linda Kowalski 7268-1T~16 ¥ YORK} )SS: ~OL~) of Mattituck, In )iilng duly sworn, says that he/she is Principiil SUFFOLK TIMES, ii Weekly Newspiiper, lattituok, in the Town of Southold, County of ate of New York, and that the Notice of which a printed oopy, has been regularly published in per once each week for / weeks commencing on the /'~ ~ day of Principal Clerk ~/ NotaryPub,ic, St_a.t.a. ~NewYotk. Qualified in Suff¢{k .;o~r,~! ~ NOTICE O£ HEARINGS GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be he d for pub c hearings before the SOUTHOLD TOWN BOARD OF APPEALS at t. be Southold Town Hall, 53095 Main Road, Southold, Ne~v York 11971, on THURSDAY, JANUARY 23, 1992, co4n- mencing at the times spec Bed below: (I) ?:35 p,m, Appl. No, 40?3 --MR. AND MRS. EDWARD M, CUMMINGS. Variance.to the Zoning Ordinance, Article III, Sect on 100-33, for permis- sion to relocate existing garage to another location in the front yard area. Location of i~roperty: 4775 Paradise Point Road, Southold, NY; County Tax Map Parcel No. 1000-81-1-24.5. (2) 7:40 p.m_Apl~!.' No. 4079 t6 the Zoning Ordinance, Arti- die XXIII, Section 100-230C(1) for approval of fence areas which will be in excess of the four-foot height .limitation. Location of Property: 105 Bridge Lane, Cutchogu~, NY; County Tax Map Parcel No. 1000-118-3-3.5, also known as part of Lots 128 and 127 on the Amended Map of Nassau Point. (3) 7:45 p.m. Appl. No. 4075 --MICHAEL HERBERT. Vari- ance to the Zoning O~dinance, Article IX, Sections 100-91A and Section 100-92, Bulk, Area and Parkin~ Schedules, for per- mission to establish business sales office in addition to exist- ing uses as an owner-occupied two-family dwelling with mana- ger's quarters. The lot area ap- plicable to each use in this Ham- let-Business Zone District is 20,000 per unit/use. The lot as exists is nonconforming for the existing principal uses.having a total lot area of 20,129± sq. ft. Location of Property: .795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-23. (4) 7:50 p.m. Appl. No. 4077 --THOMAS MONSELL. Vari-, ances to the Zoning Ordinance, Article IIIA, Section 100-30A.3, Bulk and Area Schedule, for ap- proval of the size of each pro- 40,000 sq. ft: each, exclusive of . wetland meadow areas and inclusive of proposed right-of- way eesement areas as shown on the pending Minor Subdivision Map prepared by Roderick Van- Tuyl, P.C., L.S. (lastly dated July 29, 1991), under consideration at this time by the Southold Town Planning Bored. (Note: This ap- plication is not for 280-A access approval under New York Town Law since the Southold Town Planning Board will have jurisdiction over the proposed rights-of-way under its subdivi- sion reviews.) Location of Pro- perry: Southerly end of Moasell Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-138-1-2.1, 9.1, 13.1, 14, con- raining a total area as exists of 3.0 acres. (5) 7'35 l:un. Appk No, 4047--I H1HEL H. Bi~t~. (Con~ued A.rtick III, Section 100-30A and Section 100-31A.3, Bulk Sche- dule, for approval of insufficient lot area and width of two par- cels, as conveyed by deeds in. 1951 and 1956. Location of Pro- perty: Northeast side of Calves Neck Road, S0uthold, NY; County Tax Map Parcel No. 1000-63-7-34 and 35. The Board of Appeals will at said time and,place hear any and all persons or r~p~scntafiv~s de- siring to be beard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hear- lng. Each hearing will not start before the titaes designated abow For more information, please call 765-1809 or visit our office. Datcd?'3~ilmary--14wl~..~ ' BY ORDER OF~ THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P' GOEHRINGER / CHAIRMAN j By Linde Kowalskij ~ ' IX 1/16/92 (21)J (:OUN'I'Y OF SUFFOLK STA'I'F. O[: NEW YORK ss: P,~lricia Wood,' being duly sworn, says that she is the F_dilor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at S.outhold, in Suffolk County; and Ihal tile nolice of which the annexed is a printed copy, h.~s been .pul) s~ctl in said Long Island 'l'ravcl,:r. Walchnlarl oncceachwcck for. ..................,,,.,.../ weeks OucccssJvely. commencin§ on the ........... /...~..T ...... day or...J.. ~.g.u.a,~y ......... 199.2... January 92 Notary Public BARBARA A, SCHNEIDER NOTARY PUBLIg, SJ~te DJ Now York No..'1006846 QualiJiod in SulJ0lk Cot~nty/ Commission Expires APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOA~ OF APPEALS TOWN OF SOU~OLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4079 Project/Applicants: County Tax Map No. Location of Project: George Storms 1000- 118-3-3.5 105 Bridge Lane, Cutchogue, 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 23, 1992 NY Relief Requested/Jurisdiction Before This Board in this Project: Approval of fence areas which will be in excess of the four-foot high limitation 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, So~thold, NY 11971 at (516) 765-1809. I 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. GEORGE M. STORMS 1tls BRID[~E LANE, NASSAU POINT r, UTr, HOP-UE, NEW YORK llcJ3s January 14,1992 To Whom It May Concern: This letter authorizes Mr Robert White of Dunrlte Fence Co.and Mr Arthur Edwards of Pools By Arthur Edwards to represent me at the request for a "variance" on the fence erected by Mr White on my property at 105 Bridge Lane, Cutchogue, NY. rs, 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: DATED: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, SOUTHOLD TOWN CLERK ZONING APPEAL #4079, GEORGE STORMS JANUARY 8, 1991 Transmitted is application for variance submitted by A. Stingray/Duwrite Fence on behalf of GEORGE STORMS, together with Notice to Adjacent Property Owners, Building Department Notice of Disapproval, Application for Building Permit, Short Environmental Assessment Form, Questionaire for filing with ZBA application, and copy of survey map of property. 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION {To be comDleted by Applicant or Proiect sponsor) SEQR t. APRL,CA~T,SPO,SDR I 2. PROJECT NAME 3. LOCATION: PRO,JECT E. IS PROPOSED ACTION: [~ New [] Expansion [] Modlficatlon/afferatlon 6. DESCRIBE PROJECT BRIEFLY; 7. AMOUNT OF LAND AFFECTED: Iftltlally acres Ultimately 8. WILL PROPOSED ACT;ON COMPLY WITH EXISTING ZONING OR OTHER EX]ST]NG LAND USE RESTRICTIONS? WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~ Residential [] Inciustrtal [] Commercial ]Park/Forest/Open space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAl. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY {FEDERAl_ STATE OR LOCAL)? ~ Yes ~ NO If yes, list agency(s) and permiual3provais 11. DOES ANY ASPECT OF THE ACT~,DN HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 12. AS A RESULT OF PROPOSED ACTION WILL EX[STING PERMITIAPP?OVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ASOVE I$ TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete tile Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued 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 ~NSTRUCTIONS: (a) In order ~o answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessmen~ 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? Yes 2. Will there be a major change to any unique or unusual land form on the site? - Yes ~ NO 3. Will project alter or have a large effect on an existing body of water? __Yes ~ No 4. Will project have a potentially large impact on groundwater quality? Yes 5. Will project significantly effect drainage flow on adjacent sites? - Yes ~o 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 community? ., Yes ~ NO 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologioal importance or any site designated as a critical envireamental area by a local agency? Yes ~ No 10. Will project have a m~jor 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? 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there public controversy concer~ng~the Preparer.s Signature: ,. Yes f NO QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) / B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes {X } No. (~f Yes, p3-eas~ attach ~X ~f "condi~nns" of sale.) C. Are there an~ 9zoposals ts change oz alter land contours? { } Yes {~} No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaded between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the TowniTrustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed cqnstruction at or below five feet above mean sea level? ~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which e~t and are not shown on the survey map that you ar~ submitting? ~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~ If yes, please submit a copy of your building permit and'map as approved by the Building Department. If none, please state. H. Do you,9~ any co-owner also own other land close to this parcel? ~/~ If yes, please explain where or submit copies of deeds. I. Please list p. rgsen9 qse,,or operations conducted at this parcel f~ ~/w.w~ and proposed use ~ 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] wETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by I.~L. N~. 6-1985]: IC~-~'.~'- ~ ' TIDAL WETLANDS: (I) All lands generally covered or intermittently coy- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, begs, salt marsh, swamps, meadows, flats 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, tall cordgrass, high bush, cattails, groundsel, marshrnp-!]ow and iow (3) All l~nd immediately adjacent to a tidal wettand 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 ~vetlands" as defined in Article 24, Ti- tle 1, § 24-0107. Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 z-zs-ss LIT~'L£ PE¢ON BAY Agricultural Conservation Residentia! Low Densi¥'y A~ Residential Low Density A Residential Low Density B Residential Low Density C Residential Low Density D Hamlet Density Residential Resort/Residential Residential/Office Limited Business Hor~let Business .-~:::~ Morine 1' : Marine: ~. Light In~/~~rk S th ldTow B d £Appals ou o n oar o e ~"~~;~"'x~/ h4AIN ~nAD-STATE ROAD 25 SnUTHOLD, L.I., N.Y. ~g?~ '~~: ~T~ TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3384 Application 'Dated July 26, Mr. Charles B. Fraser 7325 Nassau Point Road Cutchogue, NY 11935 1985 (Public Hearing August 22, 1985) At a Meeting of the Zoning Board of Appeals held on August 22, ]985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the zoning Ordinance Article III , Section ]00-3], Bulk Schedule [ ] Request for Application of the ESTATE OF LELAND B. FRASER - Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for per- mission to convey 6,196± sq, ft. of land to Subdivision Lot #125 and 9,300± sq. ft. of land to Subdivision Lot #128, which will reduce the remaining parcel (consisting partly of Lots #126 and #127) to an area of 49,176± sq. ft. and lot width of 161.57± feet. Location of Properties: West Side of Nassau Point Road, Cutchogue, NY; Nassau Point Subdivision Map #156, Lots 126, 127, 125, 128; County Tax Map Distric~ 1000, Section 118, Block 03, Lot 3 (and Lots 2 and 4). WHEREAS, a public hearing was held and concluded on in the Matter of the Application of the ESTATE OF LELAND No. 3384; and August 22, 1985, B. FRASER, Appeal WHEREAS, the board members have mentation entered into the record in there has been no public opposition; considered all testimony and docu- this matter, and it is noted that and WHEREAS, the board members are personally familiar with the premises in question and the surrounding properties; and WHEREAS, the board made the following findings of fact: 1. By this apPlication, appellant requests permission to reduce a parcel of land to consist partly of Lots #126 and #127 to an area of 49,176± sq. ft. and lot width of 161.57± sq. ft. promulgated by the conveyance of two sections, the first of 6,196 sq. ft. which will be merged with Subdivision Lot.#125, and the second of 9,300± sq. ft. w~h~ch will be merged with'Subdivision Lot #128, Nassau Point Subdivision Map No. 156 at Cutchogue. 2. The parcel as ekists contains Lots #126 and #127, for a total lot area of 65,112 sq. ft. and 210.07 feet of frontage along Nassau Point Road. (CONTINUED ON PAGE TWO) DATED: September 6, ]985. CHAIRMAN., SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) -~ Page 2 - Appeal No. 3384 Matter of ESTATE OF LELAND B~ FRASER De~ision Rendered August 22, 1985 3. It is noted for the record that: (a) by letter dated August 14, 1985 from the Southold Town Planning Board, action was taken by them approving the lot line change subject to an area variance from this board'; (b) the property in question has remained unchanged since the enactment of one-acre zoning in 1971. In considering this appeal, the board finds and determines that: (a) this proposal is consistent with and will promote the general purposes and intent of zoning; (b) the relief requested is unique; (c) in view of the manner in which the difficulty arose, there is no other method feasible under the circumstances for appellant to pursue other than a variance; (d) the granting of this variance will not change the character of the district; (e) the interests of justice will be served by granting the variance applied as noted below. Accordingly, on motion by Mr]' Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the relief as requested under Appeal No. 3384 in the Matter of the Application for the ESTATE OF LELAND B. FRASER for approval of the remaining area of the parce) in question of 49,716 sq. ft. and lot width of 161.57 sq. ft., in conveying 6,196 sq. ft. to the southerly parcel known as Lot #125 for a total of 51,716 sq. ft., and conveying 9,300 sq. ft. to the northerly parcel known as Lot #128 for a total area of 36,205 sq. ft., BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: l. Portions of lot conveyed as requested are not to be '~ recognized as single or separate building lots, and each strip conveyance will be merged to the respective abutting property; 2. The remaining lot of 49,716 sq. ft. shall be recognized as only one single building lot for one dwelling as permitted by Article III of the Zoning Code. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. ~ lk RD P. GOEH~_INGE/R~, CHAIRMAN m/"September 7 , 198j~/ - $ ;utholcl Town Board of Appeals ,.~.~::,z~ TELEPHONE (516) 765-~809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. JOSEPH ~L :~AW. IC.KI . ACTION OF THE BOARD OF APPEALS Upon Application of CAROL A. MAGUIRE for Variances to the Zoning Ordinance, Article III, Section 100-32, for placement of an accessory building in an area other than the required rearyard, and Article XI, Section 100-119.1, for the placement of a fence in the frontyard area in excess of the maximum-permitted four-foot height requirement. Location of Property: 2500 Nassau Point Road, Cutchogue, NY; County Tax Map Parcel No. 1000-104-12-14.1 (prev. 14 and 13). WHEREAS, a public hearing was held on August 18, 1988, in the Matter of the Application of CAROLE A. MAGUIRE under Appeal No. 3740; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, the 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 a request for Variances: (a) under Article III, Section 100-32 for permission to place accessory building approximately 29 feet from the private right-of-way, or southerly (front) property line, and approximately 10 to 15 feet from the westerly (side) property; and (b) under Article XI, Section 100-119.1 for approval of fence in the frontyard area at a height (in portions) above four feet. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 104, Block 12, Lot 14.1, and is a corner lot as defined by Section 100-13 of the Zoning Code, with frontage along three streets: Nassau Point Road, Vanston (or Old Cove) Road, and Broadwaters Road, at Nassau Point, Cutchogue. 3. The premises in question contains a total area of 1.13 acres and is improved with a single-family dwelling, as more particularly shown on the survey map prepared May 5, 1970 by Roderick VanTuyl, P.C. Page 2 - Appl. No.3T3 ~ Matter of CAROL A. M~JIRE Decision Rendered September 16, 1988 4. Article III, Section 100-32 of the Zoning Code provides for the location of accessory buildings to be only in the required reyard. 5. For the record it is noted: (a) that the principal dwelling structure is shown on the sketched survey with a setback of 29+- feet from the front property line along Old Cove Road, a distance of approximately 26 feet from the garage area of the existing dwelling structure; (b) that the premises is unique as to its limited rearyard area, particularly due to its frontage along three town streets. 6. It is the position of this Board that in considering this application: (a) the relief as alternatively granted is not substantial and is the minimum necessary to afford relief; (b) the relief as alternatively granted will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) 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; (e) in view of the manner in which the difficulties arose, the interests of justice will be served by granting the following alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT: (a) a Variance for the location of storage shed (total combined size as given 10' x 20') at a proposed height not exceeding eight feet, for storage purposes accessory to the existing residential use of the premises, as alternatively noted below, and (b) a Variance for the excessive height of the fence structure, as exists at a maximum of five feet, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory storage building: (a) be located from the westerly front property line along Old Cove Road not closer than 50 feet, and shall be screened with evergreen~ along the building side facing Old Cove .~age 3 - Appl. No. 3~ 9 Matter of CAROL A. MAuUIRE Decision Rendered September 16, 1988 Road; (b) from the southerly rear property line not closer than 10 feet and not farther than 30 feet; (c) the side property line be not closer than 10 feet, as requested; (d) be used for storage purposes incidental and accessory to the residential use of the premises; (e) not be enlarged or expanded without further application to this Board; (f) not exceed one-story height. 2. That the fence be screened with evergreens (or similar) at a minimum height of three feet, close enough to allow proper growth and sufficient screening {approximately five feet apart is recommended}. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was absent due to serious family illness.) This resolution was duly adopted. lk GERARD P. GOEHRINGER CHAIRMAN NASSAU POINT PROPERTY OWNERS ASSDCIATION P. E]. Box 346 Mr. Gerard P. Goehringer, Board of Appeals Town of Southold Southold, N.Y. 11971 Dear Mr. Goehringer: Chairman The Nassau Point Property Owners Association (the Association) has noted a hearing on application for variance No. 3740 by Carol Maguire on the placement of an accessory building and for the placement of a fence in excess of the four feet height requirement, all in violation of the Town Code. The Association has reviewed the application in this case and also the actions that the Association has previously taken on the subject property and has the following comments: The storage she~sand fence are presently in existence and violate the Town Code and it is presumed that this appeal for variance is to allow them to remain in their present locations. e After uumerous complaints from Association members on this property involving storage sheds, storage of num- erous boats, automobiles and recreational vehicle, the Association complained to the Building Department. This Department in their letter to the Association of May 18,1988 stated that the fence, boats and storage sheds would be made to comply with the Town Code The location of this property is at the entrance to Nassau Point and is in full view of all entering onto the Point and this causes the many complaints the Association has received. Boats are stored year around and not just seasonally. Under the Town Code, it is understood that accessory buildings cannot be placed in front yards as these are but must be placed in the backyard area. The application for variance states that this is not practical but it certainly is if the stored boats would be legally relocated or moved off the property to make room in the backyard for the sheds. The fence on the east side of the property was added recently and while it violates the Town Code it also is not compatible with the other properties in the immediate area. o On the west side of the property facing Vanston Road and adjacent to the illegal storage sheds, there is in effect another fence made of logs which is probably higher than the Town limit of four feet. In effect, the general result of the conditions described above is a property which is being used as a storage area with all sorts of flimsy storage sheds, unattractive fences and collection of motor vehicles and boats. The Association hopes that the Board of Appeals will deny this variance request so that the Building Department, the Association and the owners of the property may confer, and reach agreement as much as possible on a way to accomplish the goals of all parties. Thank you for the opportunity of commenting on this appeal. Very trul~s, Robert ~ger, President. "~'"~'" j .......... J co~.,~ c ..... I? ~ ~ O~P Southold Town Board of Appeals -17- August 22, 1985 Regular Meeting (Appeal No. 3384 ESTATE OF LELAND B. FRASER, continued:) In considering this appeal, the board finds and determines that: (a) this proposal is consistent with and will promote the general purposes and intent of zoning; (b) the relief requested is unique; (c) in view of the manner in which the difficulty arose, there is no other method feasible under the circumstances for appellant to pursue other than a variance; (d) the granting of this variance will not change the character of the district; (e) the interests of justice will be served by granting the variance applied as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the relief as requested under Appeal No. 3384 in the Matter of the Application for the ESTATE OF LELAND B. FRASER for approval of the remaining area of the parcel in question of 49,716 sq. ft. and lot width of 161.57 sq. ft., in conveying 6,196 sq. ft. to the southerly parcel known as Lot #125 for a total of 51,716 sq. ft., and conveying 9,300 sq. ft. to the northerly parcel known as Lot #128 for a total area of 36,205 sq. ft., BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Portions of lot conVeyed as requested are not to be recognized as single or separate building lots, and each strip conveyance will be merged to the respective abuttiDg property, 2. The remaining lot of 49,716 sq. ft. shall be recognized as only one single building lot for one dwelling as permitted by Article III of the Zoning Code. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. - Southold Town Board of Appeals -16- August 22, 1985 Regular Meeting PENDING DECISION: Appeal No. 3384: Application of the ESTATE OF LELAND B. FRASER - Variance to the Zoning Ordinance, Article III, q~ction lO0-31, Bulk Schedule, for per- mission to convey 6,196± sq. ft. of'land ~O'Subdivi'sion Lot #125 and 9,300± sq. ft. of land to Subdivision Lot #128, which will reduce the remaining parcel (consisting partly of Lots #126 and #12·7) to an area of 49,176± sq. ft. and lot width of 16i.57± feet. Location of Properties: West Side of Nassau Point Road, Cu~chogue, NY; Nassau Point Subdivision Map #156, Lots 126, 127, 125, 128; County Tax Map Dist·rict 1'000, Section ll8, Block 03, Lot 3 (and Lots 2 and 4). Following deliberatio·ns, the board took the following action: WHEREAS, a public hearing was held and concluded on ~ugust 22, 1985, in the Matter of the Application of the ESTATE OF LELAND B. FRASER, Appeal No. 3384; and WHEREAS, the board members have considered all testimony and docu- mentation entered into the record in this matter,_·and it is noted that there has been no public opposition; and WHEREAS, the boa'rd members are personally familiar with the premises in question and the surrounding properties; and WHEREAS, the board made t'he following findings of fact: 1. By this application, apPellant requests Permission ·to reduce a parcel of land to consist partly ·of Lots #126 and #127 to an area of 49,176± ~q. ft. and lot width of )61.57± sq. ft. promulgated by the cgnveyance of two sections, the ~rs~ o·f 6,196 sq. ft. which will be merged with Subdivision Lot #125, and the second of 9,300± sq. ft. which will be merged with Subdivision Lot #128, Nassau Point Subdivision Map No. 156 at Cutchogue. 2. The parcel as exists contains Lots #126 and #127, for a total lot area of 65,112 sq. ft. and 210.07 feet of frontage along Nassau Point Road 3. It is noted for the record that:- (a) by letter dated August 14, 1985 from the Southold Town Planning Board, action was taken by them approving the lot line change subject to an area variance from this board; (b) the property in question has remained unchanged since the enactment of one-acre zoning in 1971. ................................................................................................................................ ZZZZ ~.~ ¢1-~ ...................................................................................................................................... ' ' A STINGRAY LTD .... : DBA DUNRITE ?ENCE ~'-' ' ; *: P.O. BOX 488 _ ROCKY POINT, N.Y. 11778 ..? .: ......... a' ~ DULLAH5 '=:'-'":':~"~-~' ..... (~ c/~/ / / ROUTE 2S-A . ROCKY FOJNT, NEW YORK 11778 ...... . 11~ 3 '3.1 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals of lhe Town of Southold : 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 Southotd to request a Q (Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petit. io, n is located adiacent to your property_a~nd i%des- , cribed as follows: .~"/~.~ C~'~.,?~- ~',~-,~7'~' ,~,~,'~' z~'//./~.r.~'.e~-~, / / 3. That the property which is the subiect of such Petition is located in the following zoning district: 4 That b~ such Petition, the undersigned will request the folloWing relief: $. That the provisions of the Southoid Town Zoning Code applicable to ~he relief sought by the under- signed are Art~.cle ,)(~Y~/// Section [ ] 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 be flied in the Southold Town Clerk's Office at Main Road Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the B6ard of 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 hearing. right to appear and b~heard at such Dated:' /~/~ ~--- Owners Names: Post Office Address Tel. No. [Copy of sketch or purposes.] plan showing proposal to be attached fQr convenience NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 318 162 981 RECEIPT FOR CERTIFIED MAIL NO I~VERAGE PROVIDED NOT FOR INTERNATIONAL MA~L (See Reverse/ Streey;k O, State and ZIP Code Postage Ce~ified Fee Specia~ Delivery Fee Resurrected Delivery Fee Re~urn Recent showing Io whom and Date Delivered ReJurn R~eipt showing lo whom, Date, and Address of gelivery '%, STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: , being duly sworn, deposes and says that on t~e ~, day of ~r~ ~a ~/ ,19 ~, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, direofed 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- fice at /~ ¢~'r/* p~, ~7z- ;that said Notices were mailed to each of said persons by Sworn to.before me this day of ~.,~~, 19 ~.~ ~tary Publi~- UNDA J. ~ - Nma~ ~blic, ~ of N~ No 4822563, Surfak ~unW Term ~pkes D~r 31, 19 (This side does not have to be complet'ed on form transmitted to adjoining property.ownerS.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold : 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 Southold to requesta(~ (Special Exception) (Special Permit) (Other) [circle choice] 1. '2. That the property which is the subiect of the Petition is located adiacent to your property a~nd is des- cribed as follows: ~/g~.J /~_~r~r ~ ~/¢~ ~ ~~ ~ / / / 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That b% such Petitiun, the undersigned will request the following relief: / ,k/~ F~,-//~./, $. That the provisions of the 5outhold Town Zoning Code applicable ro the~%elief sought b_v the under- signedare Article ~1// Section [ ] Section ZB0-A, New York Town Law 'for approval of acce~'s 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 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 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 an~be he/ltd at such hearing. Oared:' etitioner ~7~/~ Post O~ce Address Te]. No. (~/~) [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 316 162 980 R E C El pT F O R--'=~=~'~ R TI FI E D MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MA~L (See Reverse) Street and NO P 0. State and ZiP Code Ce~ified Fee Return Receipt showing to whom Date, and AdO elivery Postm~ ~r Oatee ' O/ STATE OF NEW YORK COUNTY OFSUFFOLK , being duly sworn, ~, y that o~the ~, day of ~:~p.a~.~-~ ~ , 19 ~ ~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current~essment r~ ~f t~e Town of Southold; that said Notic~ were mailed at the United States Post Of- flee at ~ ~/~ ~ ; that said Notices were mailed to each of said persons by Sworn to~efore me this dayof ~~ ,19 Notary Public LINDA J. COOPER Notary Pubfic, Sta:e of New York No. ~822563, Suffolk Co~mty~ T,~=m Expires December 3 (This side does not have to be complet'ed on form transmitted to adjoining property.owners.)