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HomeMy WebLinkAbout4129KELLEY, ROBERT & RUTH 750 Blue Marlin Drive Southold 57 1 29 #4129 Deck construction within 75'~ of bulkhead requires action by ZBA. Eh APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Ric-fiar~ C: Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD 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. 4129. Upon application of ROBERT F. and RUTH S. KELLEY for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct open deck extension (includes widening of existing stoop area). The existing stoop is, and proposed deck extension will be, located within 75 feet of an existing bulkhead at or near ordinary highwater line. Location of Property: Southold Shores Lot No. 8; 750 Blue Marlin Drive, Greenport (near Southold); County Tax Map Parcel No. 1000-57-01-29. This improved parcel is substandard in size and is located in the "R-40" Zone District. WHEREAS, a public hearing was held on October 15, 1992, and 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, 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 seeks a variance under Article XXIII, Section 100-239.4B for permission to construct a 12 ft. deep deck extension as shown on the sketched prepared and submitted by the applicants herein. The deck addition is to be located at the rear of the existing dwelling over the present stoop area and set back at 53 feet (shown on the sketch). 2. The subject premises in question is a substandard lot, identified on the Suffolk County Tax Maps as District 1000, Section 57, Block 1, Lot 29, has a frontage of 100 feet along the south side of Blue Marlin Drive, Arshamomaque, Greenport, and 100.02 feet along the ordinary highwater mark of Peconic Bay. This parcel contains a total lot area of approximately 24,830+- square feet. 3. The setback distances of the existing dwelling are shown to be 67+- feet from the bulkhead to the rear wall of the Page 2 - Appl. No. 4129 Matter of ROBERT AND RUTH KELLEY Decision Rendered October 15, 1992 existing house. ~ The new deck is elevated approximately two (2') feet above ground level and is proposed with a 53-55 feet setback from the bulkhead at its closest point, the ground level deck at approximately 40 feet from the bulkhead. No accessory (storage) buildings exist at the premises currently. 4. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. The amount of relief requested by this application is a variance of 12 feet for the raised deck, and an additional 15 feet for the new step area and ground-level deck. 6. In considering this application, the Board finds: (a) the relief as requested is substantial in relation to the requirements; (b) the relief granted will not alter the essential character of the neighborhood; (c) the practical difficulties are uniquely related to the property and are not personal; (d) the relief granted for an open deck at the rear of the dwelling 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 all the above, the interests of justice will be served by granting the relief as alternatively and conditionally noted below. Accordingly, on motion by Mr. Villa, seconded by Mr. Goehringer, it was RESOLVED, to GRANT relief for an open deck addition at the rear of the existing dwelling, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the elevated deck construction shall be not closer than 53 feet (as applied), at its closest distance to the bulkhead; 2. That this deck construction remain open and unroofed at all times (not to be enclosed in any manner); Page ~ -~Appl. No. 4129 Matter of ROBERT AND RUTH KELLEY Decision Rendered October 15, 1992 3. Any structural enlargement or expansion within the 75 ft. setback from the bulkhead, or other nonconforming yard areas, will require further application to and approval by this Board under Section 100-239.4B. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk GERARD P. GOEHR~INGER,/~IRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE HOUR Town Clerk, Town of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following 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, OCTOBER 15, 1992 commencing at the times specified below: (1) 7:32 p.m. Appl. No. 4130 - D. CANTOR and C. HOCHBAUM. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory garage for (storage) purposes incidental to the existing single-family residence in an area other than the required rear yard. Location of Property 8170 Skunk Lane (a/k/a Bay Avenue), Cutchogue, NY; County Tax Map Parcel No. 1000-104-8-3.1. This parcel is located in an "R-40 Low-Residential" Zone District. (2) 7:36 p.m. Appl. No. 4129 - ROBERT AND RUTH KELLEY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct deck extension (includes widening of existing stoop area). The existing stoop is, and proposed deck extension will be, located within 75 feet of an Page 2 Legal Noti~ Hearings for October 15, 1992 Southold Town Board of Appeals existing bulkhead at or near ordinary high water line. Location of Property: Southold Shores Lot No. 8; 750 Blue Marlin Drive, Greenport (Southold ~ District); County Tax Map Parcel No. 1000-57-01-29. This improved parcel is substandard in size and is located in the "R-40" Zone District. (3) 7:40 p.m. Appl. No. 4131 - WILLIAM AND GINA MAXWELL. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct deck extension with screened-in enclosure (includes widening of existing deck and step areas). The existing deck and steps are, and the subject extension will be, within 35 feet of the rear property line. The new construction will also exceed the 20% lot coverage limitation of the Bulk Schedule at Section 100-30A.3. Location of Property: 170 Orchard Street, Orient; County Tax Map Parcel No. 1000-25-3-3.1. This improved parcel is substandard in size and is located in the "R-40" Zone District. (4) 7:45 p.m. Appl. No. 4133 - ANTONE VOLINSKI. Variance to the Zoning Ordinance, Article III, Section 100-3 for permission to exceed the 20% lot coverage limitation for placement of an accessory shed structure and deck addition at the rear of existing dwelling. Location of Property: Westerly Side of Middleton Road, Greenport, NY; County Tax Map Parcel No. 1000-40-5-6. This improved parcel is substandard in size and is located in the "R-40" Zone District. Page 3 - Legal NotiO Hearings for October 15, 1992 Southold Town Board of Appeals (5) 7:50 Appl. No. 4132 - SPECTACLE RIDGE, INC. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory barn, accessory swimming pool and cabana structure in areas other than the required rear yard, and under Section 100-33A for permission to extend height of barn above 18 feet. Location of Property: 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-084-01-02. This property is located in the "Agricultural-Conservation (A-C)" Zone District. (6) 7:55 p.m. Appl. No. 4128 - BREWER'S YACHT YARD AT GREENPORT, INC. Special Exception under Article XII, Section 100-12lB(i) for permission to establish accessory food services for its marina patrons as an amenity. Location of Property: 2530 Manhanset Avenue and the westerly side of Sandy Beach Road, Greenport, NY; County Tax Map Parcel No. 1000-43-3-2. This 9.5+- acre parcel is improved and is located in the "Marine-II" Zone District. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: September 25, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER FORM NO, 3 TO~,gN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTttOLD, N.Y. NOTICE OF DISAPPROVAL ?LEASE r^rE NOTtCE that your application dated ...,.~--.~.~...s2-'~'~..../-5~.....~-:.. ....... 19 LocationofProperty ..7~..~. ~ ~t~ ... Ho~ No. '" ' kt/~J " County Tax Map No. 1000 Section ...~. ~ ..... Block .... ~:[ ...... Lot .. ~.~. ....... Subdivision .~ .... Filed Map No. ~ga-~ Lot No. is returned herewith and disapproved on the following grounds..~(& . ).~. ~:~. ~....~~.. ~...a~.5~.. ~..~~ .... ........ , ..... Building Inspector RV 1/80 R ED SEP 15 TOWN OF SOUTHOLD, NEW YORK Sout~old Town Clerk , , APPEAL FROM DECZSION OF BUILDING INSPECTOR DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ....... .... Name of Appellant / Street and Number ........ Municipality .... ~'{; .......... HEREBY APPEAL TO of ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY WHEREBY THE BUILDING INSPECTOR DENIED TO .... ........................ Name of Appli,cant for j3ermit ............... ..................... Street and Number Municipality State 5treat /Hamlet/ Use Distri~', on District 1000 Section^sq Block~l Lot ~q. ' - ~~ ................................ u .................. _~.curren~ ~ner ~6~t MapNo. ~ ~5 'LotNo.,~ Prior 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 7nning Ordir~nce or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 6:2 Cons. Lows Art. ]6 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~]~) (has 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 o variance ~nd was mode in Appea.I No ................................. Dated ............................. ~ ........... ~ ............................ REASON FOR APPEAL A Variance to Section 2BOA Subsection A Variance to the Zoning Ordinance is requested 'orthe reasontha, }"orrzt (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shored by all properties alike in the immedia_t~_ ' vicinity of this property and in this use district because ~.1' .~ ~,~-"~ ~, ,ch .x~,. \ ~ ~ ~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE - STATE OF NEW YORK COUNTY OF Sworn to this .............................................. day of... . .............. 19~---~ Notary Public HELENE D. HORNE Notary Public, State of New Yo~ No. 4951364 Qualified in Suffolk County Commie, sion E~pir~ 1~4~V 22, 19 _/- OF SOUTHOLD PROPERTY RECORD CARD OWNER STRE~ ?,.5'~ V, LU,~ D,S'r. ~ S W : ~PE OF BUILDING ~ND IMP. TOTAL. DATE R~ARKS, ~/' z ([,/~/ ~ _ .'7 AGE BUILDING CONDITION N~ NOeL BELOW ABOVE FA~ Acre Value Per Value ~re Fillable I t 'illable 2 'illable 3 V~land womplond FRONTAGE ON WATER / rushland h FRONTAGE ON ROAD louse Plot ~- r .. , ,' COLOR ' ~u,-~ I w~dd']~, TRIM r~.,o. E/,,~ xte~s~n Extension Porch Breezeway Patio Total ~ ' Basem_ent Ext. Walls [Fire Place Type Roof ~,ecreation Room Bath F oars I ~o ~d$~,,,,~ ~, t 'nterior Finish Dormer ,/'~/'~ ~ ~ Driveway J Rooms ] st Floor Rooms 2nd Floor DR. ~ BR. FIN. B. ~' TOWN OF SOUTHOLD PROPERTY~RECORD CARD OWNER ,' s'rRE~ &O'D v,,~GE D.sT. su,. ,,,' ~.OT FOYER OWNER ' N E ACR. ~X RES AGE BUILDIN~ CONDITION N~ NO~L BELOW ABOVE FA~ Acre Value Per Value Acr~ Tillable 1 Tilleble Woodlend Swemplend FRONTAGE ON WATER /~ / Brushlend , FRONTAGE ON ROAD / /~ Ho~se Plot ~ , : DEPTH , .. , :~ : : , COLOR M. Bldg. Extension Extension Extension Porch Porch 'gZ-- Breezeway Garage Patio O.B. j Total ' $ ~-o Foundation Basement Ext. Walls Fire Place Roof ~ ,~/ Recreation Room I I ~' Dormer Drivewoy Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor I~inette LR. DR. BR. FIN. B. ',/dda '-r,~'?-/-~ TOWl~ OF SOUTHOLD PROPERTY RECORD CARD OWNER' STREET F~ VILLAGE DIST. SUB. ~N D IMP. TOTAL DATE RE~RKS , , ////~t ~ ~ - N~ NO~L BELOW ABbVE ~ '~ II~J~2'~t~A FA~ ,_~ :~ Acre Volue Per Value ~,' I Wo~land Swomplond FRONTAGE ON WATER I~ 6 ' ~ ~ Br~Nland ,7 ' FRONTAGE ON ROAD Hou[se Plot "'~:~¢ "'-' , DEPTH - ,': .... ~ '- · ',~?.~ '- . ' '-' BULKH~D / ~; ~ '~ , ~ . . ~J Extension Extensio/nS'T~' Extension Pem~r Porch Breezeway Garage .Patio Total oc4",./.o = COLOR Foundation Basement Ext. Walls Fire Place Type Roof ~,ecreation Room Dormer Driveway Bath Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor inette LR. FIN. B. i M~_~.'_O? LOT' MO. 8 '1 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFfN£Y SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ DIRECTOR OF PLANNING To~rn of Southold Zoning Board of Appeals October 22 ]992 Pursuant to the requirements of Sections A 14-]4 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considsred 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) Municioal File Number(s) Joranno, Dr. & Mrs. Carl elley, Robert & Ruth 4124 4129 Very truly yours, Arthur H. Kunz Director of Plann~n~ GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, .Ir. 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 Pursuant to Article X/V 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 C~%~ssion: XX Variance from the Zoning Code, Article XXIII , Section ]00-239.48 __ Variance from Determination of Southold Town Building Inspector __. Special Exception, Article , Section __ Special Permit Appeal No: 4129 Applicant: Robert and Ruth Kelley Location of Affected Land: 750 Blue Marlin Drive, Greenport, NY County Tax Map Item No.: 1000- 57-1-29 Within 500 feet of: __' Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission to extension within 75" of bulkhead. construct open deck ~opies of Town file and related documents enclosed for your review. Dated: October 20, 1992 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa BOARD OF APPEALS TOWN OF SOUTHOLD October 19, 1992 ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. and Mrs. Robert F. P.O. Box 1535 Southold, NY 11971 Kelley Re: Appl. No. 4129 (Rear Deck Addition) Dear Mr. and Mrs. Kelley: Please find attached for your permanent records a copy of the Findings and Determination rendered by the Board of Appeals in the above matter at our October 15, 1992. Please be sure to contact the Building Department and any other agency which may be involved for issuance of appropriate permits before commencing construction activities. We are this date also providing a copy of the Board's determination to the Building Department for their update and recordkeeping, and pursuant to the Administrative Code of Suffolk County, to the County Planning Department since this project falls within 500 feet of a waterway. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department (Attn: V. Lessard) Suffolk County Department of Planning TRUSTEES John M...Brcdemcyer, III, President Albert J. Kmpski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 September 18, 1992 Robert Kelley P.O. BOx 1535 Sout~old, NY 11971 RE: Waiver for Deck. SCTM #1000-57-1-29 Dear Mr. Kelley: The following action was taken by the Southold Town Board of Trustees at their regular meeting of September 17, 1992: RESOLVED that the Southold Town Board of Trustees grants a waiver to construct a deck attached to the existing dwelling as shown on survey. If you have any questions, please do not hesitate to contact this office. Very truly yours, Bredemeyer, President, Board of Trustees JMB: jd cc: Bldg. Dept. ZBA Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. 407~ DATE: .~ptembe? !8, ISSUED TO .. Rpb~t Ke!~ Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893: end Chapter 404 of the Laws of the State of New York 1952: end the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS:" and in accordance with the Resolution of The Board adopted at a meeting held on Sept, 1.7~. 19 92 , and in consideration of the sum of $ $0r00 paid by Robert Ke!!~y of N.Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: A grandfather permit for bulkhead at the property on Marlin Drive as shown on survey dated December 4, 1970. ell in accordance with the detai[ed specifications as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of th said Board as of this date. 7 ..~C 4 L C I" -=- dc / Page 3 - Appl. No.~129 Matter of ROBERT AND RUTH KELLEY Decision Rendered October 15, 1992 3. Any structural enlargement or expansion within the 75 ft. setback from the bulkhead, or other nonconforming yard areas, will require further application to and approval by this Board under Section 100-239.4B. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk GERARD P. GOEHi~INGER,/~HAIRMAN 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 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 BOARD OF APPEALS TOWN OF SOUTHOLD 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, Oc- tober 15, 1992 commencing at the times specified below: (1) 7:32 p.m. Appl. No. 4130 D. CANTOR and C.HOCHBAUM. Variance to the Zoning Ordinance, Article Ill, Section 100-33 for permis- sion to locate accessory garage for (storage) purposes inciden- tal to the existing single-family residence in an area other than the required rear yard. Location of Property 8170 Skunk Lane (a/k/a Bay Avenue), Cutchogue, NY; County Tax Map Parcel No. 1000-104-8-3.1. This parcel is located in an "R-40 Low- Residential" Zone District. (2) 7:36 p.m. Appl. No. 4129: K~~n- ~'fi~0rdinance, Arttele XXlII, Section 100-239.4B for perm s- sion to construct deck extension ~ {includes widening of existing stoop area). The existing stoop is, and proposed deck extension will be, located within 75 feet of an existing bulkhead at or near ordinary high water line. Loca- tion of Property: Southold Shores Lot No. 8; 750 Blue Marlin Drive, Greenport (Southold Fire District); Court- I ty Tax Map Parcel No. 10~O-57-01-29. This improved ~ parcel is substandard in size and [ is located in the "R-40" Zone [ District. (3) 7:40 p:m. Appl. No. 4131 - WILLIAM AND GINA MAXWELL. Variance to the Zoning Ordinance, Article IliA, Section 100-30A.3 for permis- sion to construct deck extension with screened-in enclosure (in- cludes widening of existing deck and step areas). The existing deck and steps are, and the sub- ject extension will he, within 35 feet of the rear property line. The new construction will also exceed the 20% lot coverage limitation of the Bulk Schedule at Section 100-30A.3. LoCation of Property: 170 Orchard Street, Orient; County Tax Map Parcel No. 1000-25-3-3.1. This improv- , ~d parcel is ~andard in size and is Iocate~'in the "R-40" Zone District. (4) 7:45 p.m. Appl. No. 4133 ANTONE VOLINSKI. Variance to the Zoning Or- dinance, Article III, Section 100-3 for permission to exceed the 20% lot coverage limitation for placement of an accessory shed structure and deck addition at the rear of existing dwelling. Located of Property: Westerly Side of Middleton Road, Green- port, NY; County Tax Map Parcel No. 1000-40-5-6. This im- proved parcel is substandard in size and is located in the "R-40" Zone District. (5) 7:50 Appl. No. 4132 - SPECTACLE RIDGE, INC. Variance to the Zoning Or- dinace, Article Ill, Section 100-33 for permission to Ioca~e accessory barn, accessory swim- ming pool and cabana structure in areas other than the required rear yard, and under Section , 100-33A for permission to ex- tend height of barn above 18 feet, Location of Property: - 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-084-01-02. This property is located in the "Agricultural- Conservation (A-C)" Zone District. (6) 7:55 p.m. Appl. No. 4128 - BREWER'S YACHT YARD AT GREENPORT, INC. Special Exception under Article Xll, Section 100-12lB(l) for permis- sion to establish accessory food services for its marina patrons as an amenity. Location of Pro- perty: 2530 Manhanset Avenue and the westerly side of Sandy Beach Road, Greenport, NY; County Tax Map Parcel No. 1000-43-3-2. This 9.5+- acre parcel is improved and is located in the "Marine-Il" 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 hear- ing. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: September 25, 1992 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER IX-10/8/92(16) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week fo'. .................... ./. .... weeks successively, commencing on tile ...................... S;voFn lo bef'ore me Ibis ..................... clay Notary Public B^RBARA A. SCHNEIDER NOTARY PU~JLIC, State of i'~ew York No. 420~84G Qualified in ~.~.,'folk Couoty Commi:si0n E,,;~ires Lane (a/~ta Bay Avenue), Cutchogue, NY; County Tax Map Parcel No. 1000-104-g-3. L 'Diis parcel is located in an "R-40 Low-Residcntiap' Zone (2) 7:36 p.m. Appl. No. 4129 -- ar~a). Thc existing stoop is, and pro- (3) 7:40 p.m. Appl. No. 4131 -- extend height of barn above 18 feet. Location of Properq: 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-084-01-02. This property is located in the "Agdcultur- fl-Conservation (A-C)" Zone District (6) 7:5.5 p.m. Appl. No. 4128 -r BREWER'S YACHT YARD AT GREENPORT, LNC. Special Excep- tion under Article XII, Section 100- 12lB(i) for permission to establish patrons as an amenity. Location of Properly: 2530 Manhanset Avenue and the westeHy side of Sandy Beach Road, Greenpon, NY; County Tax Map Parcel No. I000-43-3-2. This 9.5i acm parcel is hnproved and is located in the 'Marlne-IT' Zone Dis- · The Board of Appeais will at said LuRe and place hear any and all per- sons or representatives desiring to bo heard in the above malters. Wdlten comments may also be submiltad prior to the conclusion of the subject hearing. Each healing will not start before thc times designated above. For more information, please call 765-1809 or visit our office. Dated: September 25, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAI~ GERARD R GOEHRE';GER 7503-1TOg NOTICE IS HEREBY GIVEN. pursuant to Section ~67 of the Town Law and the Code of the Town of Southo]d, the following mauers will bo held for pubEc hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Soutbold, New York 11971, on THURSDAY, OCTOBER 15, 1992 commencing at the tiraes specilied below: (1) 7:32 p.m. AppL No. 4130-- D. CANTOR and C. HOCHBAUM. Variance to the Zoning Ordinance, Article 11I, Section 100-33 for per- (storage) purposes incidental to the existing single-family residence in m STATE OF NEW YORK) ) SS: COUNTY OF SUf'~OLK) ~At~f~ COa/~-~/~.f of Mattltuck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIME.q, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week weeks successively, commencing on forthe AL day of Ocz°~E~--19~z-. 0 Sworn to before me thi~ C~ day of 0~.7"~'~- l_9~a--. ~mi~ton E~,~ ~ 31.1~ Principal Clerk APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman 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 September 15, 1992 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4]29 Project/Applicants: County Tax Map No. Location of Project: Robert & Ruth Kelley 1000- 57-1-29 750 Blue Marlin Drive, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct deck within 75' of bulkhead 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: DATE: RE: Zoning Board of Appeals Office of the Town Clerk September 15, 1992 ZONING APPEAL APPL. NO. 4129 - ROBERT & RUTH KELLEY Transmitted herewith is Zoning Appeal Appl. No. 4129 - ROBERT & RUTH KELLEY together with two photos of existing decks, the property map, a drawing of the proposed deck, the Notice to Adjacent Property Owners, the Notice of Disapproval from the Building Department, a Short Environmental Assessment Form and the Zoning Board of Appeals' Questionnaire. Judith T. Terry Town Clerk 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM Fei' UNLISTED ACTIONS Only SEQR PART I--PROJECT INFORMATION (To be com01eted by Aoolicant or Project sponsor) II~. ;~[.II~ANT IS,FON.~ ~ t · ~ J / t. J 2. PROJECT NAME . 5. IS PROPOSED ACTION: knew Expansion ModlflcaRon/alterlt Iof~ · [] [] ~... ~.o ,,.o...~,,.~,,.,,. ~W~;,~ ~,~ n~~ ~ 10. DOES ACTION INVOLVE A PERMIT APPROVAl_ OR FUNDING. NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl_ STATE OR LOCAL)? ~ Yes (~No If yes, list agency(s) and •Y,, [].° ~Th I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE .,....,.,o..o,1 Sklnalure: the action is in the Coastal Area, and you are a state agency, complete t~e Coastal Assessment Form before proceeding with this assessment OVER I '(Continued on reverse s~de) The N.Y.S. Environmental Quality Review Ac~erequires submission before any action is taken. {a) in order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts Of the action. It is not expected that additional studies, researcA or other investigations will be undertaken. (h) If any question has been answered Yes the project may be sig- (o) If all questions have been answered NO it is likely that the project is not significant. (d} Environmental Assessme~ 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or t~%~ual land form on the site? Yes ~ NO 3. Will project alter or have a large effect on an existing body of water? 4. Will project have a potentially large impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? .._._~es '~ No 6. Will project affect any threatened or endangered plant or animal species? 7. Will project result in a major adverse effect on' air quality? 8. Will project have a major effect on visual char- .- known to be important to the community? .~Yes ~ No 9. Will project adversely impact any site or struct- ure 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 on existing or 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 tho existing community by directly causing a growth in permanent pOpula- period or have a major negative effect on the ..._Yes NO charact~ of the community Or neighborhood? Prepa er,c .i .atur , ' ' -- esX .o 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 descriDtion of their interests: (Separate sheet may be attached.) B. Is the subject premises listed on the real es=a=e market for - sale or being shown to prospective buyers? { } Yes {X} No. (~f Yes, p]~se a~h ~o!=y o~ "condi~4mns,, of C. Are there anT~Trupo~als tD ~nge~ alter l~d { } Yes ~ No D. 1. Are there any areas which contain wetland grasses9 3. Is the property bul~ea~ed between the wetlands area and the upland building area? 4. If your property contains wetlahds or pond areas, have you contacted the Office of the ~Trustees for its dete~ination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed,~nstruction at or below five feet above mean sea level? ~f) (If not applic~le, state "N.A.") F. Are thee any patios, concrete barriers, bulkheads or fe~ which ew~t ~6are not mh~ ~ ~e survey map that you s~mitting? . If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~0] If yes, please submit a copy of your building pe~it and~map as approved by the Building Depar~ent. If none, please state. H. Do you 9r any co-owner also own other land close to this parcel? ~ If yes, please explain where or submit copies of deeds.' - I. Please .li~t pres,ept use or operations conducted at this parcel ~f~' ~'~-~C~ I de'4~O-~ and proposed %/se u~cnorized Sign~nd DAte 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southotd. [Added 6-5q~4 by L.L. No. 6-1984] V~ETL-~NDS [Amended 8-26-76 by L.L. No. 2-1976: 3-26- 85 by_~?. N~. 6-1985]: -,' '"- ' ~' · ';~ A. ~{DAL WETLANDS: (1) All ]ands generally covered or intermittently cov- ered with, or which border on, tida~ waters, or lands [y~n~ beneath t~dal waters, which at mean Iow tide ~re covered by tidal waters ~ a maximu~ depth of five (5) feet, ~neludin~ but not limited ~ ban~, bo~s, sa~ m~rsh, swamps, meadows, fla~ e~ other Iow ~y~n~ ~ands subject ~ tidal (2) All b~nks, bo~s, meadows, fla~ ~nd t[da~ marsh subject to such tides and upon which trows or may Erow some or any of the fo~low~n~ salt h~y, blz~k Zr~ss, sa[twar~, sea ~avender, m~ ~ord~s, high hush, c=t~ils, zroun~ m~shm-~ow ~d (3) Ali land immediately udiacent ~ a tidal wetiand as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal weflan~l. FRESHWATER WETLANDS: (1) "Freshwater wetlands" 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.:s.ss PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD October 15, 1992 P r e s e n t : HON. GERARD P. GOEHRINGER, SERGE DOYEN, Jr. JAMES DINIZIO, Jr. ROBERT A. VILLA RICHARD C. WILTON (7:30 p.m. Chairman Hearing) HARVEY A. ARNOFF, TOWN ATTORNEY LINDA KOWALSKI, Secretary-Clerk to Board Page 7 - 10/15/92 APPLICATION NO. 4129 ROBERT and RUTH KELLEY Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct deck extension (includes widening of existing stoop area). The existing stoop is, and proposed deck extension will be, located within 75 feet of an existing bulkhead at or near ordinary high water line. Location of Property: Southold Shores Lot No. 8; 750 Blue Marlin Drive, Greenport (Southold Fire District); County Tax Map Parcel No. 1000-57-01-29. This improved parcel is substandard in size and is located in the "R-40" Zone District. 7:42 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a survey produced by Roderick Van Tuyl, P.C., dated June 15, 1992, indicating the existing house as it is presently placed on the lot, and penciled in or penned in is the proposed deck, off the rear of the house, which is within approximately 53 feet plus or minus of the bulkhead. And I have a copy of Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Kelley or Mrs. Kelley, would you like to add something? MR. KELLEY: No, I don't think so. THE CHAIRMAN: I should say you were very gracious in showing me, at a very early hour, on a Saturday morning, your deck; and, of course, I wanted to stay --a great view you have out there. And I can understand why you want one. There is no doubt in my mind. Page 8 10/15/92 MR. KELLEY: We just want a place to, you know, put a couple chairs and sit out there, especially this time of year because it is a lot warmer on that side of the house than it is on the north side. That's about all, I guess. THE CHAIRMAN: Thank you. Anybody have any questions of the Kelleys while they are here? Is there anybody else who would like to speak in favor of this application? Anybody who would like to speak against the application? Mr. Kelley, what did you say the approximate height off the lawn would be? MR. KELLEY: Off the lawn? the same height as the stoop is. THE CHAIRMAN: What is that, Well, the stoop would be about 18 inches? MR. KELLEY: And the lawn would be right on the ground. THE CHAIRMAN: I will do the very best I can to entertain this application tonight. We have not discussed it amongst the Board members, and it does not appear to be anybody objecting to it tonight, so if you want to give us a call tomorrow morning-- I am not going to ask for a decision at this point. We will do it after the hearing, so give us a call in the morning, and we hope to have it for you. Hearing no further comment, I make a motion closing the hearing and reserving decision until later. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD SCO"IT 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. 4129. Upon application of ROBERT F. and RUTH S. KELLEY for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct open deck extension (includes widening of existing stoop area). The existing stoop is, and proposed deck extension will be, located within 75 feet of an existing bulkhead at or near ordinary highwater line. Location of Property: Southold Shores Lot No. 8; 750 Blue Marlin Drive, Greenport (near Southold); County Tax Map Parcel No. 1000-57-01-29. This improved parcel is substandard in size and is located in the "R-40" Zone District. WHEREAS, a public hearing was held on October 15, 1992, and 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, 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 seeks a variance under Article XXIII, Section 100-239.4B for permission to construct a 12 ft. deep deck extension as shown on the sketched prepared and submitted by the applicants herein. The deck addition is to be located at the rear of the existing dwelling over the present stoop area and set back at 53 feet (shown on the sketch). 2. The subject premises in question is a substandard lot, identified on the Suffolk County Tax Maps as District 1000, Section 57, Block 1, Lot 29, has a frontage of 100 feet along the south side of Blue Marlin Drive, Arshamomaque, Greenport, and 100.02 feet along the ordinary highwater mark of Peconic Bay. This parcel contains a total lot area of approximately 24,830+- square feet. 3. The setback distances of the existing dwelling are shown to be 67+- feet from the bulkhead to the rear wall of the Page 2 - Appl. No. 4129 Matter of ROBERT AND RUTH KELLEY Decision Rendered October 15, 1992 existing house.. The new deck is elevated approximately two (2') feet above ground level and is proposed with a 53-55 feet setback from the bulkhead at its closest point, the ground level deck at approximately 40 feet from the bulkhead. No accessory (storage) buildings exist at the premises currently. 4. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. The amount of relief requested by this application is a variance of 12 feet for the raised deck, and an additional 15 feet for the new step area and ground-level deck. 6. In considering this application, the Board finds: (a) the relief as requested is substantial in relation to the requirements; (b) the relief granted will not alter the essential character of the neighborhood; (c) the practical difficulties are uniquely related to the property and are not personal; (d) the relief granted for an open deck at the rear of the dwelling 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 all the above, will be served by granting the relief as conditionally noted below. the interests of justice alternatively and Accordingly, on motion by Mr. Villa, seconded by Mr. Goehringer, it was RESOLVED, to GRANT relief for an open deck addition at the rear of the existing dwelling, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the elevated deck construction shall be not closer than 53 feet (as applied), at its closest distance to the bulkhead; 2. That this deck construction remain open and unroofed at all times (not to be enclosed in any manner); Page 3 - Appl. No. 4129 Matter of ROBERT AND RUTH KELLEY Decision Rendered October 15, 1992 3. Any structural enlargement or expansion within the 75 ft. setback from the bulkhead, or other nonconforming yard areas, will require further application to and approval by this Board under Section 100-239.4B. Vote of the Board:' Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk ~-' GERARD P. GOEHR~NGER,/~IRMAN ,,i, LIO IR-80 soUND COUNTY OF SUFFOLK SOUTHOLO ~ ..... ~ ..... Iooo 057 BOARD OF APPEALS, TOWN OF SOUTHOLD ,..- In the Matter ol the Petition of : -' -' : TO to the Board of Appeals of the Town of South~ld : ADJACENT YOU ARE HEREBY GIVEN NOTICE: 1. That/Lt-~e intention of the undersigned to petition the Board to request a ~ (Special Exception) (Special Permit) (Other) Of[circleAppeals Ofchoice]the Town of Southold 2. That the property which is the subject of the Petition is located adjacent cribed as follows: ~,,~-'~ ~ C~J ol to your property and is des- 3'Thatlhepr°pertyw~c"hl~thesubject°fsuchPetiti°nisl°catedinthef°ll°wingz°ningdistrict:O 4' Ti,al h~ such PeIition, the undersigned will request the following relief.'~ 5. Thal the provisions of the Southold Town Zoning Code appligbl~to the relief sought by the under- [ ] Section g80-A, New York Town Law for approval of access ove~ tight(s)-of-way: 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (5Z6) 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. Petitioner Post Office Address [Copy of sketch purposes.] or plan showing proposal to be attached for convenience NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 281 101 933 Receipt for ~ Certified IVlail · No Insurance ~ .ver~ge Provided Do ~ot use for nte,,,~tionalMail (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) , being duly sworn, deposes and says that on the I of ~--,? ~-~x~_~.,~t~..,- ~ ,19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse sid~ 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 roil of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ;that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this / day of ~~_,0 19 Notary Public HELENE D, HORNE Notmy Public, State of New York No. 4951364 Qualified in Suffolk County CommissiOn Expires May 22, 19 ,~ ~.~ (This side does not have to be comp]eted on form transmitted to adjoining property o~ners.) BOARD OF APPEALS, TOWN OF SOUTHOLp In the Matter o1' the Petitio, l~qf ~ : to the Board of Appeals of the l~own of Southold/I '20 ADJACENT TO: / t,ujls ~CA~U~h~'I PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ~__~-~ ~ ~. 3. That the property which is the subject of such Petition is located in the following zoning district: 4' Tllat h~ such Petition, the undersigned will request the following relief:"~'c~ %U',\c~ ,~.A,,,Ck ' 5. /h~l the provisions of the Southold Town ZoninE Cod~ applicable Io lhe relief sought by lhe unde~- [ ] Section g~0-A~ New York Town Law fo~ approval of access ove~ ~ght(s)-of-way. 6. That within five days from the da~e 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 may then and lhere 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 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. '' Iq-, lflq_ Petitioner Owners 'Names P~st Office Add,re. ss/ [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ PROOF OF MAltING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 281 101 932 Receipt for C ,~'~ified Mail N' ~¢urance C,,verage Provided ~t use for International Mail :qeverse) E STATE OF NEW YORK ) COUNTY OF SUFFOLK) , being duly sworn, deposes and says that on the __ day of ~.j~y~-~,_X~ ~f- ~ , 19 .~:~_, deponent mailed a true copy of the Notice set forth on the re- verse sidehereof, directed to each of the above-named persons at the addresses set oppos te the r reSpect ye 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- (certified) (registered) mail. Sworn to before me this / dayof~ 17~' x''~-- Notary Public HELENE D. HORNE Notary Public,, State of NewYorlt No. 49B1364 Qualified in SuffolkCou.ty ~:~ Commission Expires Ma~ 22, ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.)