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HomeMy WebLinkAbout3977 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. 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 DELIBERATIONS/DECISION: ACTION OF THE BOARD OF APPEALS Appeal No. 3977: Application of BETTY J. COPIN. Variance to the Zoning Ordinance, Article III, Section 100-33B(4) for permission to locate accessory (garage) building partly in the side yard and rear yard with a setback at less than the required 20 feet from the southerly property line. The lot area of this parcel is nonconforming at 40,000 sq. ft. in this R-80 Zone District. Location of Property: 2195 Albertson Lane, Greenport NY; County Tax Map Parcel No. 1000-52-5-54. WHEREAS, a public hearing was held on November 1, 1990, continued on November 29, 1990, at which time all those who desired to be heard were heard, both in favor and against this application, and their testimony recorded and made a part of the record; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the westerly side of Albertson Lane at Arshamomaque, Greenport, Town of Southold, and is improved with a single-family dwelling structure situated approximately 88 feet from the front property line (along Albertson Lane). 2. The subject premises contains a total lot area of 40,000 square feet with 150 ft. lot width (road frontage). Page 2 - Appl. No. 3977 Matter of BETTY J. COPIN Decision Rendered December 13, 1990 (Appl. No. 3977 - COPIN decision, continued:) 3. The accessory storage building which is the subject of this appeal application is proposed to be located 10 feet from the westerly property line and a minimum of 75 feet from the freshwater pond, as more particularly shown by the sketch submitted with this application. The dimensions proposed are 24 feet by 32 feet. 4. It is noted that the application for a building permit dated August 29, 1990 for a setback at 10 feet from the westerly property line was denied by the building inspector (9/21/90) under Section 100-33B of the Zoning Code. The amendment to the zoning provision for accessory buildings in the "R-80" Residential and Agricultural District was filed with the N.Y.S. Department of State on July 23, 1990. Immediately prior to the amendment, accessory buildings were permitted to be located in the rear yard with setbacks at not less than three feet from any property line. 5. Article III, Section 100-33 (referred from Article III-A, Section 100-30A.4 from the R-40 District provisions) of the Zoning Code allows accessory buildings to be located in the required rear yard area, but does not provide for accessory buildings to be located in any other yard area. This provision also requires accessory buildings to be set back not less than 20 feet from any lot line for lots containing from 40,000 to 79,999 sq. ft. in area. 6. It is the position of the board that the location requested is not unreasonable in light of the extensive screening (of cedar trees) and the 25-year old red cedar tree just west of the rear of the dwelling. Also the placement of the building is generally the rear yard area of not only this parcel but also of the neighboring parcel to the west (which is presently vacant). To place the accessory building any closer to the west or to the north would require a variance under Section 100-239.4 of the code (wetland setback provision). There is no alternative location to place the accessory building in any other yard area without a variance. 7. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the land and are not personal to the landowner; (b) that there is no other method feasible for appellants to pursue other than a variance; Page 3- Appl. No. 3977 Matter of BE'l'rf J. COPIN Decision Rendered December 13, 1990 (Appl. No. 3977 - COPIN decision, continued:) (c) that the area chosen for the accessory structure is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (f) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied and conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Variance in the Matter of the Application of BE'rtl J. COPIN as applied under Appeal No. 3977 for the placement of an accessory building in the rear yard area and partly in the westerly side yard area, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory building not exceed the height restrictions permitted by code; 2. That the subject accessory building not be converted or increased in size and not be used for habitable, sleeping or business purposes (to be used incidentially to the principal residence only); 3. That there be no plumbing facilities placed within the building(s); 4. That it is suggested that the main garage doors not face the south or west (may face the east or north). 5. That the upper area be used only for "dead storage." 6. Existing driveway be used as the entrance to the building. 7. That the guard rail not be removed or altered. 8. That the screening (tall cedar trees) along the southerly property line be maintained in good condition and Page 4- Appl. No. 3977 Matter of BB'ul'f J. COPIN Decision Rendered December 13, 1990 (Appl. No. 3977 - COPIN decision, continued:) remain in perpetuity; and if their removal is ever required in the future, that they be replaced in same kind and place. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Dinizio, consisting of the entire board. This resolution was duly adopted . lk RECEIVED AND FILED BY THE ~ .... ~ oOo~LOLD TOW'ii CiiL22 DATE ]q/7 f~ HOUR /0~°~,&, Tc,x'.n Clc. rt, Town of ? o~,~: ."; APPEALS BOARD MEMBERS Gera~ P. Goehr~nger, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOFF 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 hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 29, 1990 at the following times: 7:30 p.m. Appl. No. 3972 - PETROL STATION LTD. Hearing continued from November 1, 1990. 7:35 p.m. Appl. No. 3985 - HERBERT AND CATHERINE LINDTVEIT. Variances to the Zoning Ordinance, Article XXVIII, Section 100-239.4B and Article XXIy,, Section 190-244B for proposed one-story and second-story additions with two-foot over-hangs (cantilevers) Portion of additions will be less than 75 feet from bulkhead along Corey Creek and will reduce both side yards to less than the minimum required at 10 and 15 feet. The dwelling as exists has nonconforming side yards, and the lot area and width are also nonconforming in this R-40 Zone District. Location of Property: 625 Windy Point Lane (Private Road #12), Southold, NY; County Tax Map Parcel 1000-87-4-7. Page 2 Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 7:40 p.m. Appl. No. 3986 - BARRY AND BEVERLY LEHR. Variance to the Zoning Ordinance, Article III, Section 100-30.2A for approval of the location of accessory building located in an area other than the required rear yard and located within 75 feet of the bulkhead along Goose Creek (a/k/a West Creek). Lot is nonconforming as to lot area and width in this R-40 Zone District. Location of Property: 15 Sun Lane, Southold; also referred to as Lots 1 & 2 on the Subdivision map of "West Creek Development" filed July 6, 1937 as County File No. 1236. County Tax Map Parcel ID No. 1000-76-1-1. 7:45 p.m. Appl. No. 3988 - ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239.4, for permission to construct garage addition with a setback of less than 100 feet from the top of the bluff along the~Long IslaNd Sound and with side yards at less than the required 15 feet and 20 feet. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchoque, NY; Vista Bluff Map No. 5060, Lot ~1; County Tax Map Parcel ID No. 1000-83-1-7. Page 3 - Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 7:55 p.m. Appl. No. 3987 - H & S ASSOCIATES by Sanford Friemann. Variance to the Zoning Ordinance, Article X, Section 100-102 (Bulk Schedule) for approval of insufficient frontage (lot width) {as exists} along the Main Road of proposed Lot #3 and for approval of insufficient lot depth of proposed Lot #2, in this pending minor subdivision, and for approval of access according to New York Town Law, Section 280A over a private right-of-way. Zone Districts: B-General Business and Agricultural-Conservation. of Main Road, Cutchogue, NY; 1000-102-2-24. Total area: Location of Property: North Side County Tax Map Parcel ID No. 19.596 acres. 8:05 p.m. Appl. No. 3977 - BETTY J. COPIN. Continued from November 1, 1990. 8:15 p.m. Appl. No. 3788 - ~UN REFINING'& MARKETING. Variances to the Zoning Ordinance, Article X, Section 100-102: (1) for permission to establish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area; (2) for interpretation as to height limitation of accessory (canopy) structure, and (3) for approval of canopy structure in the front yard location. Location of Property: Corner of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituck, NY; County Tax Map Parcel ID No. 1000-142-1-27. Page 4 - Legal Notice Hearings to be Held November 29, 1990 Southold Town Board of Appeals 8:30 p.m. Appl. No. 3983 - JANET MALONEY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for approval of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is nonconforming as to lot area in this R-40 Zone District. Location of Property: 30 West Lake Drive and 2505 Little Peconic Bay Lane, Southold, NY; County Tax Map Parcel ID No. 1000-90-1-25; Cedar Beach Park Lot No. 125, filed Map No. 90. 8:35 p.m. Appl. No. 3981 - PHYLLIS RAYNE BYER. Variance to the Zoning Ordinance, Article III, Section 100-30A(1), as disapproved, for approval of second dwelling apartment unit, as exists. Building as exists contains two dwelling units and retail store in this Limited Business (LB) Zone District. Lot is nonconforming as to lot area, ~i~th,and dep%h. Location of Property: Corner of South Side of Main Road and the East Side of Bay Avenue, Cutchogue, NY; County Tax Map Parcel ID No. 1000-85-3-2.1. Page 5 - Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 8:45 p.m. Appl. No. 3973 - JOHN AND ROSE MILAZZO. Variances to the Zoning Ordinance, Article XXIII, Section 100-239.4 {a/k/a 100-239d(B)} and Article XXIV, Section 100-244B for permission to locate addition and reconstruction of dwelling structure with setbacks: (a) at less than the required 75 feet from the bulkhead, (b) at less than the required minimum 35 ft. rear yard at its closest point, and (c) at less than the required 10 ft. and 15 ft. minimum side yards, (d) at less than the total side yards required minimum of 25 feet. Existing dwelling structure is nonconforming as to the northerly side yard, the rear yard, and the setback from the bulkhead. Lot area and width is nonconforming in this R-40 Zone District. Location of Property: 9 Island View Lane, Greenport, NY; County Tax Map Parcel ID No. 1000-57-2-20. 8:55 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. Interpretation requested regarding second kitchen facilities and its relation to single-family verses two-family uses, and a variance for addition with an insufficient frontyard 185 Inlet Lane, Greenport. Continued from November 1, setback. 1990. 9:15 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved by the Building Inspector) for permission to accept delivery of shellfish from local waters, to shuck the shellfish, and to deliver or ship the scallops and/or conches for wholesale distribution. Scallops Page 6 - Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 and conches to be delivered for off-premises consumption or sales. Zone District: Agricultural-Conservation (AC). Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2. Continued from November 1, 1990. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: November 9, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 1, 1990, at the following times: 7:30 p.m. Appl. No. 3969 - ANDREW BURKARD. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct two-foot extention of garage attached to dwelling with an insufficient front yard setback. Zone District: R-40. Location of Property: 370 Uhl Lane, Orient, NY; Orient-By-The-Sea Subdivision Lot No. 167, Section Three, Map 6160; 1000-15-5-24.13. 7:35 p.m. Appl. No. 3974 - DONALD L. OSANI (for GEORGE BRUDERMANN JR., Owner). Variance to the Zoning Ordinance, Article IIIA, Section 100-30a.3 for approval of re-separation into two separate parcels as shown by separate deed conveyances, Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 each lot having insufficient area and proposed construction to meet setback requirements for this R-40 Zone District. Location of Property: North Side of Bayview Road and the West Side of Reydon Drive, Southold, NY; County Tax Map Parcel Nos. 1000-79-5-10 and 11. 7:40 p.m. Appl. No. 3980 - VIRGINIA OLGA LEE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for approval of deck addition to dwelling with an insufficient sideyard setback and reduced front yard setback. Lot area is nonconforming is this R-40 Zone District. Location of Property: 1455 Cedar Beach Road East, Southold, NY; County Tax Map Parcel No. 1000-92-1-4. 7:45 p.m. Appl. No. 3978 - DONALD & DOROTHY SWAHN. Variances to the Zoning Ordinance, Article III, Section 100-32 and Article XXIII, Section 100-239 for approval of insufficient lot area and width (frontage) of two proposed parcels, each with an existing dwelling, in this pending division of land. Zone District: R-40. Location of Property: South Side of Park Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-123-8-8. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 7:50 p.m. Appl. the Zoning Ordinance, XXVIII, Section 281, No. 3971 - VALERIE M. KRAMER. Variance to Article XXIII, Section 239.4B and Article for permission to construct new dwelling structure with an insufficient setback from existing bulkhead and from the easterly (front) property line along Manhanset Avenue. Lot area of parcel is nonconforming in this R-40 Zone District. Location of Property: 730 Robinson Road and 980 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-34-5-20. 7:55 p.m. Appl. No. 3976 - THOMAS AND MARIAN SANTACROCE. Special Exception to the Zoning Ordinance, Article III, Section 100-31(9)(E) for permission to construct off-premises ground sign to advertise for business purposes. Location of Property for Sign: Southeast corner of Shipyard Lane and the Main Road, East Marion, NY; County Tax Map Parcel No. 1000-38-1-1.2. 8:00 p.m. Appl. No. 3972 - PETROL STATION LTD. Variance to the Zoning Ordinance, Article VII, Section 100-72 for approval of proposed Lot #4 which will have insufficient area in this Residential-Office (RO) Zone District. Location of Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 property: North Side of Alvah's Lane), Cutchogue, I000-109-1-23 the Main Road (265+- feet west of NY; County Tax Map Parcel No. /_/~ 8:05 p.m. Appl. No. 3977 - BB'~-~'f'J. COPIN. Variance to the Zoning Ordinance, Article III, Section 100-33B(4) for permission to locate accessory (garage) building partly in the side yard and rear yard with a setback at less than the required 20 feet from the southerly property line. The lot area of this p~rcel is nonconforming at 40,00~ sq. ft. in this R-80 Zone District. Location of Property. 2195 Albertson Lane, Arshamomaque, Greenport, NY; County Tax Map Parcel No. 1000-52-5-54. . 8:15 p.m. Appl. No. 3979 - THOMAS J. GORMAN. Variances to the Zoning Ordinance, Article III, Section 100-33 for approval of location of two accessory (storage) buildings in the front yard, as exist. The lot area of this parcel is nonconforming in this R-80 Zone District. Location of Property: 18 Crescent Drive, Mattituck, NY; County Tax Map Parcel No. 1000-121-4-23. 8:25 p.m. Appl. No. 3968 - IRENE R. MILLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, and Article XXIII, Section 100-239.4A for permission to locate Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 proposed dwelling structure with a setback of less than 100 feet from the top of the highest point (top of bluff) on this 42,930 sq. ft. parcel. The parcel in question is nonconforming as to lot width (frontage) of less than the required 150 feet in this R-40 Zone District. Location of Property: Lake View Avenue (127+- feet southwest of Huntington Boulevard, a private road), Southold, NY; County Tax Map Parcel No. 1000-68-3-10. 8:35 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved by the Building Inspector) for approval of mariculture uses to include delivery and storing of seafood, packaging, freezing and/or preparation of raw or cooked seafood (processing} for shipping and/or sales for off-premises consumption. Zone District: Agricultural- Conservation (AC). Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2. 8:45 p.m. Appl. No. 3788 - SUN REFINING & MARKETING. Variances to the Zoning Ordinance, Article X, Sections 100-102: (1) for permission to establish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area for each use, and (2) for interpretation as to height limitation of accessory (canopy) structure. Location Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 of Property: Corner of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituck, NY; 1000-142-1-27. Matters Recessed from September 26, 1990: 9:00 p.m. 9:10 p.m. Appl. No. AURICCHIO. Appl. No. 3955 - DOMINICK SBLENDIDO & A. 3938 - VILLAGE MARINE. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: October 17, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GER.A/{D P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies to the following on or about October 19, 1990: Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Board Members (with file copies) ZBA Individual Files TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL Houso No. ' .......... ' ........ County Tax b, fap No. 1000 Section ... ~ ~ .... Block .... ~ ..... Lot .... c~. :~. .... Subdivision ................. Filed Map No ................. Lot No ....... ' ..... is returned herewith and disapproved on ti~e fo lowin,, "rounds · ~z.~. .... /~.o.-..~....~'.. ~..)...~ ,-e . ~,,~ _ , -- ' --'z"':":'-,/""-"/~' ...... :.. ... '',,-,r,,,~._- ~, ' '-'_"~ .... ,~' .... ~'2 ...... . RV 1/80 IiCllVIO /~/~ TOWH OF SOUTHOLD, NLrW YORK S~J~I~E~kl.JJM DECISION OF BUILDING INSPECTOR APPEAL N9. ~/'-7 7 ......... TO THE ZONING BOARD O~F APPEALS, TOWN OF SOUTHOLD, N. Y. ,, ,w,, ....................... o, ....................... ' /4 Nome of A~pellont. Street ,and Number ././¢~ ~ ~o~ o~- ~,~zd... ~'-- /I~.....~REB~ ^PPEAL TO ........................... :'"~ ""~4r~icipol ity ......................................... ~' .... THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE B,UILD, ING INSPECTOR ON /! APPL CAT,ON FOR PERM T NO. /'7"~'~ .......... :~.... DATED ...~//.~./..~.~ ...................... WHEREBY THE BUILDING INSPECT/gR D~ENIED TO ........................................ ///Hame ~ Applicant f. or permit __ ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) , LOCAT ON OF T.E PROPER~ J, ~./~,~ ~ . ..~.. ........................................ ~...~ ............. .~'-~.~treet /Hamlet / Use District on ~'ning Mop District 1000 SectionK'7.Block~-Lot~Y/ ~ , ~ .~ II / ........................................................................~ ~ g~,~.Z,..~urren~ uwner /~t/(/~/, / Map No. Lot No. Prior 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.) Article/~ Section /O~ --?,~ ~ (q} 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) /~ A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 ) 4. PREVIOUS APPEAL A previous appeal (Hli~) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL A Variance to Section 250A Subsection 3 A Variance to the Zoning Ordinance //,~,~U.~h,~ . , is requested for the reason tha~tYS ~/,~/~ ~ · ~1 ~ ~ ~ontinue on other REASON FOR APPEAL Continued sory HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficult~unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because COUNTY OF tur Sworn to this .............. 2..,~.. ....................... day of......-~ ........................................ ............. ~// (] Notary Public JOYCE ¥. WIU(IN~ · 4962248, Surfak ~ Term Ex~r~ June 12, TOWN OF SOUTHOLD PROPERTY I~C,C)RD CARD OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N~ ,.~, r,~.)~/~ E / , ~ ~,~ ~ ~, S Y~4 W ' ~PEOF BUILDING , R~. ~ ~0 S~S. VL. FAR~ CO~. CB. ~1~. ~kt. Value / ~ND I~P. TOTAL DATE R~RK~ J~fr~Y b~ , 'illable FRONTAGE ON WATER ~land FRONTAGE ON ROAD ~6 ~ ~ I~dowland ~EPTH ~se Plot 8ULKH~D ~tal COLOR TRIM - NL Bldg. Extension Extension Porch Foundation Basement Ext. Walls Breezeway Fire Place Garage Type Roof Patio Recreation Room 0o Bo · Total ~er F,, II Bath Floors Interior Finish ~'/~. H~ot ~ Rooms ist Floor Rooms 2nd Floor Driveway :]nette LR. ~,~ DR. FIN. B TOWN OF SOUTHOLD ~ROPERTY RECORD CARD OWNER FORMER OWNER RES. STREET / SEAS. VL. FARM LAND IMP. TOTAL DATE ZSoo .JfO o NORMAL 70 ~GE y/d ~) qUILDII~G CC Farm Tillable I' Acre BELOW Value Per Acre Tillable 2 Tillable 3 Woodland Swampland Brushland ~.. ~ ~ ~.~ House Plot Total VILLAGE t\ ., '') EH/,. ~l' ,/ COMM. J IND. DISTRICT SUB. LOT TYPE OF BUILDING ABOVE Value ~tension q~, i 0 ~. Wolls ~%. Interior Finish Breezeway ~;e~,~ ' . ,/ ? )( Z ~ /J C ~ ~ Z:: ~ ~ 0 /Patio Rooms 2nd Flor Ga rage Dri~ O.B. Southold Town Board of Appeals -15- April 8, 1976 After investigation and inspection the Board finds that )licant requests permission to reopen salvage yard (non- forming use) located on the east side of Depot Lane, Cutchogue, e The findings of the Board are that applicant is u ~d by "C-l" Industrial zoned area, that/~he Town Dump is ~ field from his property, and that/~here are no residences ~hin a couple of thousand feet/6f it. The Board agrees with th] reasoning of the applica~ / The Board that strict appl~ation of the Ordinance would produce ~ difficultie! unnecessary hardship; the hardship created ique not be shared by all properties alike in .ate vicinity of this property and in the same ; and the variance will not change the character of neighborhood, and will observe the spirit of the Ordinan~. / On motio~ by Mr./G~igonis, ed by Mr. Hulse, it was .RESOLVED, Jame~ & Jacqueline wi ~Depot Lane, Cutchogue, New'York, be GRANTED permission to reopen b~lvage yard (non- conforming use)9~ the east side of Depot Lane,~Cutchogue, New York, as~plied for, subject to the following conditions: 1. TUt applicant fence the area from the southeast ~rner of his house with a fence running due east /and south of the shed to his easterly li~e. This approval is subject to applicant obtaining license to operate a junk yard from the Town Board under the Junk Yard Ordinance. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2115 - 9:25 P.M. (E.S.T.) changed to 9:15 P.M. (E.S.T.) - upon application of Samuel & Betty Jane Copin, Albertson Lane, Southold, New York for a variance in accordance with the Zoning Ordinance, Town Law, Section 280A, for approval of access to interior lot. Location of property: west side of Albertson Lane, Greenport, N. Y., bounded on the north by Guaranschelli; east by Albertson Lane; south by Cassidy & Guaranachelli;west by Guaranaschelli. Fee paid $15.00. $outhold Town Board of Appeals -16- April 8, 1976 The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read notification by certified mail to Vincent Guranaschelli and to Marie D. Cassidy. THE CHAIRMAN: The application is accompanied by a Van Tuyl survey dated July 2, 1975 showing that applicant has 200 feet on Albertson Lane. It is proposed to set off his own house with 150 foot frontage and 200 foot depth and provide a 50 foot access to the rear lot~ the total area of which will be 40,000 sq. ft. Th~ original lot will consist of 41,223 sq. ft. Across the street there is a parcel of 2.8 acres, a little further north there is one with 13.9 acres. The application includes a pond which will be partly on both lots that are created by this action. THE CHAI~RMAN: Ts there anyone present who wishes to speak for this application~. ~ (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: I believe the application is in order. this pond is too small to be involved with wetlands; it is about 100' x 50'. After investigation and inspection the Board finds that applicant requests permission to have access to interior lot on the west side of Albertson Lane, Greenport, New York. · ~e findings of the Board are that applicant wishes to set off ~Lo~'with dwelling on it, with 150 foot frontage and 200 foot -~de~th, consisting of 41,223 sq. ft. and wishes to provide access to interior lot consisting of 40,000 sq. ft. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. Southold Town Board of Appeals -17- April 8, 1976 On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED, Samuel & Betty Jane Copin, be GRANTED approval of access on property located on the west side of Albertson Lane, Greenport, New York, as applied for, subject to the following condition: That the right of way be improved to a width of 15 feet subject to the approval of the Building Inspector. Vote of the Board: Ayes:L Messrs: Gillispie, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2114 8:55 P.M.E.S.T. changed to 9:25 P.M., upon application of J. ~ Wickham, Airway Drive, Mattithck, New York, for a in accordance with 'Re Zoning Ordinance~ Article III, 100-30 and Bulk ~c~h~.~le for permission to set of~ lot with existing dwelling. LoCat~n of property: Private ~ off end of Bungalow Lane, Mattitu~k, N. Y., bounded on north by Bungalow Lane, Wuttke; ~st by other land of )licant; south by Ross; west by Ross, Wuttk~.. Fee paid $15.0 THE CHAI~: We will the application, take your testimony and re,ess the The Chairman re~ notice of hearing, the official newspaper Chairman also read le Mr. R. C. Kopf, Mrs. Ross had been notifJ There is a s~ February 17, 1976 one on the filed THE speak for this )lication? ROBERT represent about two ago. bungalows}// THE ?HAIRMAN: / TOOKER, ESQ., and Wickham. Prior application for a variance, legal attesting to its publication in notice to the applicant. The ~fr~_ the Town Clerk stating that n Mc~nnachie, A. Wuttke, and F. A. by by cer~fied mail. accompanyingX~e application dated The traveled road ~ not the same as the It is an unusual ~haped lot. Is there anyone present~ho wishes to Tooker, Tooker & Es~eks: I Mr. Wickham's father'passed away to his death he rented several I count 12 or 13. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H, KUNZ DIRECTOR OF PLANNING December 19, 1990 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. App,licant(s) Municipal File Number(s) ~Betty J. Copin Janet Maloney Beverly and Barry Lehr 3977 3983 3986 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STATE OF NEW YORK : COUNTY OF SUFFOLK BOARD OF APPEALS. ~0~.~ OF SOUTHOLD. REGULAR -c -~ ~IEETIN~ Town Hall 53095 [,lain Road SouthO!d, ~*~e~ York November 29, 1990 M 8:05 P..~. 11971 BEFORE: GERARD P. GOEHRINGER, Hearing Officer ORIGINAL RAM Court Reporting Service 633 E~t Main St., Rlverhead, N.Y., 11901 (S16) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: Charles Grigonis, Serge Doyen, Jr. James Dinizio, Jr. Linda Kowalski Jr. o0o RAM Court Reporting Service 633 East Main 0t. Rlverhead, N.Y., LI~OI (S16) 7~?.3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 We will reopen the HEARING OFFICER: Copin Hearing, 3977. I ask Mr. Meyerhoefer if there is something he would like to add for the record? MR. MEYERHOEFER: Well, the neighbor had a hardship and there is nothing I would like to add to the record, just that their property is resolved and looking at the re- zoning where we are going to place our garage would be in line with the back yard of their property. It wouldn't be on a front yard basis with there property. I can't really see any hardship. Thank you. HEARING OFFICER: Thank you. Is there anybody else that would like to speak in favor of this application or like to speak against the application? MS. ONGIONI: Yes. I just have a few additional comments to make. My presentation covered most of the points last month and you have the memorandum in your file. I would just like to reiterate that the RAM Court Reportin~ Servlee 633 E~t Mdn ~., Rl~rhead, N.Y., ~ox (~6) '~7-3168 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 Zoning Board to grant an area variance, practical difficulties should be proven by the applicant and I would submit to you that the applicant has not proven practical difficulties. The Courts have set forth what the criteria are for practical difficulties and it sets forth ih the memorandum that the applicant has not established that there are practical difficulties here. First of all, there are alternate locations on the property for this garage. The garage could be cut down in size to conform to the code. In addition, this is a self-created hardship because about 12 or 13 years ago the applicant subdivided a much larger lot. If that subdivision had not taken place, there would be more than ample space on this lot for the location of the garage and in balancing all of the tests set forth by the court in deciding whether or not an area variance is appropriate, I think that the Board's finding can only be that the practical difficulties that are required are not set forth in this application. HEARING OFFICER: I want to ask you a question RAM Court Reporting Servlee 6]$ East Msln 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 but go ahead, complete your presentation. MS. ONGIONI: That is all I have to say at this time because the law and the facts are adequately set forth in the memo. HEARING OFFICER: You are objecting to the garage in total being placed in the side yard and it being placed within ten feet of the property line? MS. ONGIONI: it being placed so My client objects to that it is only this distance from the lot line. It is my client's intention that the garage could be located elsewhere so that a variance would not be required. HEARING OFFICER: if Qe were to move it My only problem is that farther back, we might be closer to the pond and therefore requiring a variance from freshwater. MS. ONGIONI: You might be able to move it closer to the house so that it would be within the side yard requirement and still not be too close to the pond. HEARING OFFICER: That is basically what the nature of my question was. Are you RAM Cour~Reportinf 8et-,,lee ~33Koo~:M~n R.,Ri~Fheo~ 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 concerned about both being the side yard and the footage from the property line or is it just -- MS. ONGIONI: It is the footage from the property line. HEARING OFFICER: Thank you very much. Is there anything you would like to add to that, Kurt? MR. MEYERHOEFER: The only reason for filing a variance was because the law was changed a month prior to the garage going up. The garage had been purchased. I had come down here to the building department to inquire about any law changes and I was told there were not. I also had a contractor who wasn't aware of the law. That's the only reason for the variance. Otherwise we could have put it five feet from the property line and not had it at all. The other thing, there is a tree that is rare on the east coast. If it wasn't a rare tree, I would chop it down. It's rare and it's 25 some years old. It happens to be a California Redwood. RAM CouflRepo~inf 8erviee 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is HEARING OFFICER: indicated in red? MR. MEYERHOEFER: HEARING OFFICER: 7 That is the one that Yes. I will tell you what, I have viewed this property a month ago from the road. I did not come on site, but I will be down either this weekend or next weekend at a reasonable time. It will be in the morning on Saturday. MR. MEYERHOEFER: You are more than welcome. HEARING OFFICER: I will knock on the door and indicate my presence. MR. MEYERHOEFER: I have it staked out. HEARING OFFICER: I did see the stakes at the time from the road. As I said, I did not enter the property other than standing by an extension on the road. MS. ONGIONI: say a few words. MRS. CASSITY: I'd like to say is Mrs. Cassity would like to I am Marie Cassity and what that the Planning Board denied the building of the garage and the Redwood tree that is being referred to was a prom6tion RAM Court Reportinf SeFvlee 6~3EaotMdnOt.,Rl~rhea~ N.Y. ( 1 2 3 4 5 ? 10 11 12 13 14 15 17 18 19 2O 21 22 23 24 25 thing given by Fleet Lumber, 25 years ago and planted. It isn't anything of sentimental value, I should think, and it would just ruin the whole architecture of the surroundings and another question is how would they approach the garage and what would be the exit. HEARING OFFICER: We had originally asked that question of Mr. Meyerhoefer. Let me ask that again. We were talking about placing the doors towards the road; is that correct? MR. MEYERHOEFER: Right. HEARING OFFICER: You were talking at that time not taking the stanchion down by utilizing the existing driveway and transversing the front lawn? MR. MEYERHOEFER: Right. Coming right across up the front. HEARING OFFICER: I'm sorry. To answer your question -- MRS. CASSITY: I mean, right now there is no approach. There is a guard rail. HEARING OFFICER: They would not be taking RAM Court Reportln~ ServJee 635EaotMalnSt.,Rl~rh®ad, N~,ugox(s16)~?-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 that down. MRS. CASSITY: Oh, they wouldn't? HEARING OFFICER: No. MRS. CASSITY: Then how would they get in there? HEARING OFFICER: driveway going across the front lawn around the corner of the house. MRS. CASSITY: You mean on the driveway they have now? HEARING OFFICER: Entering on that driveway, making the left, going around the Utilizing the existing but there is no right of way on my property. HEARING OFFICER: No, not at all. MRS. CASSITY: I just want that understood. HEARING OFFICER: Sure. MRS. CASSITY: Thank you. HEARING OFFICER: I make a motion to close the hearing and reserve the decision. All those in favor say aye. BOARD MEMBERS: Aye. RAM Court Reportln~ Servi~e house entering the garage. face the road. MRS. CASSITY: I see, Having the doors 1 2, 3 4 5 6 7 8 9 I0 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for HEARING OFFICER: the decision. 10 We will do a reinspection Thank you again for coming. (Whereupon, the above-mentioned hearing concluded at 8:15 P.M. and a brief recess was taken.) (Whereupon, after recess at 8:30 P.M., another Hearing commenced.) HEARING OFFICER: There is an appeal on behalf of Janet Maloney, Appeal Number 3983. I have a copy of a sketch of a survey reduced by Roderick Vantile, dated February 11, 1972, indicating a one and a half story frame home approximately ten feet from the north easterly property line and 33 feet, 7 inches from the bulk head, which is the ordinary water mark. The nature of this application is a 14 foot, 8 inch deck by approximately 31 feet, approximately 33 feet from the bulk head and I have a copy of the Suffolk County Tax Map indicating this and adjoining property RAM Court Reportlng Servlee &$3lhotM~nSt.,Rl~rhoa~ N~,~OI(fI6) 717~168 Southold Town Board of Appeals -15- April 8, 1976 is reside agrees with After investigation and inspection the Board finds that )licant requests permission to reopen salvage yard (non- ~forming use) located on the east side of Depot Lane, Cutchogue, rk. The findings ~.of the Board are that is by "C-i" Industrial zoned area, that Town Dump field from his property, and that are no thin a couple of thousand feet it. The Board reasoning of the applican The Board that strict appl of the Ordinance would produce p difficu~tie unnecessary hardship; the hardship created iq~e not be shared by all properties alike in vicinity of this property and in the same ; and the variance will not change the character of neighborhood, and will observe the spirit of the Ordinanl On motiod by Mr. by Mr. Hulse, it was YRESOLVED, Jame Jacqueline Depot Lane, Cutchogue, New'York, be permission to reopen lvage yard (non- conforming use), the east side of Depot Cutchogue, New York, as for, subject to the conditions: 1. applicant fence the area from the southeast of his house with a fence running due east south of the shed to his easterly line. This approval is subject to applicant obtaining license to operate a junk yard from the Town Board under the Junk Yard Ordinance. Vote of the Board: Ayes:- Messrs: Hulse, Doyen. Gillispie, Grigonis, PUBLIC HEARING: Appeal No. 2115 - 9:25 P.M. (E.S.T.) changed to 9:15 P.M. (E.S.T.) - upon application of Samuel & Betty Jane Copin, Albertson Lane, Southold, New York for a variance in accordance with the Zoning Ordinance, Town Law, Section 280A, for approval of access to interior lot. Location of property: west side of Albertson Lane, Greenport, N. Y.,~ bounded on the north by Guaranschelli; east by Albertson Lane; south by Cassidy & Guaranachelli;west by Guaranaschelli. Fee paid $15.00. Southold Town Board of Appeals -16- April 8, 1976 The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read notification by certifie~ mail to Vincent Guranaschelli and to Marie D. Cassidy. THE CHAIRMAN: The application is accompanied by a Van Tuyl survey dated July 2, 1975 showing that applicant has 200 feet on.Albertson Lane. It is proposed to set off his o.w~. house with 150 foot frontage and 200 foot depth and ~rovlge a 50 foot access to the rear lot; th~ total 9rea of which will 40,000 sq. ft. Th~ original lot w~ll consist of 41,223 sq. ft.~iJ Across the street there is a parcel of 2.8 acres, a little '. further north there is one with 13.9 acres. The application includes a pond which will be partly on both lots that are created by this action. THE CHAI.RMAN: ~s there anyone present who wishes to speak for this application~. ,.. (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: I believe the application is in order. this pond is too small to be involved with wetlands; it is about 100' x 50' After investigation and inspection the Board finds that applicant requests permission to have access to interior lot on the west side of Albertson Lane, Greenport, New York. ,The findings of the Board are that applicant wishes to set off ~1o~ with dwelling on it, with 150 foot frontage and 200 foot 'm~depth, consisting of 41,223 sq. ft. and wishes to provide access to interior lot consisting of 40,000 sq. ft. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. Southold Town Board of Appeals -17- April 8, 1976 On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED, Samuel & Betty Jane Copin, be GRANTED approval of access on property located on the west side of Albertson Lane, Greenport, New York, as applied for, subject to the following condition: That the right of way be improved to a width of 15 feet subject to the approval of the Building Inspector. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2114 8:55 P.M.E.S.T. changed to 9:25 P.M., upon application of J. Wickham, Airway c reiVe, Mattithck, Ne~ York, for a ~ in accordance with Zoning Ordinance~ Article III, 100-30 and Bulk ~le for permiss%on to set of lot with existing dwelling. Locat~ion of property. Private off end of Bungalow Lane, Mattit~, N. Y., bounded on by Bungalow Lane, Wuttke; erst by other land of Dlicant; south by Ross; west by Ross, Wuttke. Fee paid $15. THE CHAIRMAN: We will read the application, take your testimony and r~¢ess the The Chairman application for a variance, legal notice of hea~ing, vits attesting to its publication in the official news notice to the applicant. The Chairman also read le fr~o~the To~n Clerk stating that Mr. R. C. Kopf, Mrs./.4 ,n McC~nnach~e, A. Wuttke, and F. A. Ross had been notif~d by by cer~ied mail. / There is a s~urvey accompanying %~e application dated February 17, 1976/ The traveled road,s not the same as the one on the file~map./ It is an unusual~aped lot. T~E CHAIRMAN: Is there anyone present~.ho wishes to speak for thi~application? ROBERT ~. TOOKE~, ESQ., Tooker, Tooker & Es~ks: I represent R~ss and W~ckham. Mr. Wickham's father'passed away about two y~ars ago. Prior to his death he rented several bungalows~/ THE~tlAI~4AN: I count 12 or 13. ( · ,;~.,1~1.,/ --1/ ReaP(~) COUNTY OF SUFFOLK ito~m ~OUTHOLD Property,Tax Service Agency ,~m -- Southold Town Board of Appeals -15- April 8, 1976 After investigation and inspection the Board finds that applicant requests permission to reopen salvage yard (non- conforming use) located on the east side of Depot Lane, Cutchogue, New York. The findings of the Board are that applicant is surrounded by "C-i" Industrial zoned area, that the Town Dump is across a field from his property, and that there are no residences within a couple of thousand feet of it. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motiof by Mr./Grigonis, seconded by Mr. Hulse, it was ~RESOLVED, James & Jacqueline Goodwin, Depot Lane, Cutchogue, New~ York, be GRANTED permission to reopen salvage yard (non- conforming use)on the east side of Depot Lane, Cutchogue, New York, as applied for, subject to the following conditions: That applicant fence the area from the southeast corner of his house with a fence running due east and south of the shed to his easterly line. This approval is subject to applicant obtaining license to operate a junk yard from the Town Board under the Junk Yard Ordinance. Vote of the Board: Ayes:- Messrs: Hulse, Doyen. Gillispie, Grigonis, PUBLIC HEARING: Appeal No. 2115 - 9:25 P.M. (E.S.T.) changed to 9:15 P.M. (E.S.T.) - upon application of Samuel & Betty Jane Copin, Albertson Lane, Southold, New York for a variance in accordance with the Zoning Ordinance, Town Law, Section 280A, for approval of access to interior lot. Location of property: west side of Albertson Lane, Greenport, N. Y., bounded on the north by Guaranschelli; east by Albertson Lane; south by Cassidy & Guaranachelli;west by Guaranaschelli. Fee paid $15.00. Southold Town Board of Appeals -16- April 8, 1976 The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read notification by certified mail to Vincent Guranaschelli and to Marie D. Cassidy. THE CHAIRMAN: The application is accompanied by a Van Tuyl survey dated July 2, 1975 showing that applicant has 200 feet on Albertson Lane. It is proposed to set off his own house with 150 foot frontage and 200 foot depth and provide a 50 foot access to the rear lot, the total area of which will be 40,000 sq. ft. Th~ original lot will consist of 41,223 sq. ft. Across the street there is a parcel of 2.8 acres, a little further north there is one with 13.9 acres. The application includes a pond which will be partly on both lots that are created by this action. THE CHALRMAN: ~s there for this application~. ~ (There was no response.) anyone present who wishes to speak THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: I believe the application is in order. this pond is too small to be involved with wetlands; it is about 100' x 50'. After investigation and inspection the Board finds that applicant requests permission to have access to interior lot on the west side of Albertson Lane, Greenport, New York. The findings of the Board are that applicant wishes to set off lot with dwelling on it, with 150 foot frontage and 200 foot depth, consisting of 41,223 sq. ft. and wishes to provide access to interior lot consisting of 40,000 sq. ft. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. Southold Town Board of Appeals -17- April 8, 1976 On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED, Samuel & Betty Jane Copin, be GRANTED approval of access on property located on the west side of Albertson Lane, Greenport, New York, as applied for, subject to the following condition: That the right of way be improved to a width of 15 feet subject to the approval of the Building Inspector. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen.. PUBLIC HEARING: Appeal No. 2114 - 8:55 P.M.E.S.T. changed to 9:25 P.M., upon application of J. Parker Wickham, Airway Drive, Mattithck, New York, for a variance in accordance with the Zoning Ordinance~ Article III, Section 100-30 and Bulk Schedule for permission to set off lot with existing dwelling. Location of property: Private Road off end of Bungalow Lane, Mattituck, N. Y., bounded on the north by Bungalow Lane, Wuttke; east by other land of applicant; south by Ross; west by Ross, Wuttke. Fee paid $15.00. THE CHAIRMAN: We will read the application, take your testimony and recess the hearing The Chairman read the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read letter from the Town Clerk stating that Mr. R. C. Kopf, Mrs. Morton McConnachie, A. Wuttke, and F. A. Ross had been notified by by certified mail. There is a survey accompanying the application dated February 17, 1976. The traveled road is not the same as the one on the filed map. It is an unusual shaped lot. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? ROBERT L. TOOKER, ESQ., Tooker, Tooker & Esseks: I represent Ross and Wickham. Mr. Wickham's father passed away about two years ago. Prior to his death he rented several bungalows. THE CHAIRMAN: I count 12 or 13. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS In the Matter of the Application of BETTY JANE COPIN, for a variance. MEMORANDUM IN OPPOSITION TO THE APPLICATION FOR RELIEF FROM ARTICLE 100-32, SECTION B PUBLIC HEARING November 1, 1990 (4) I am the attorney for MARIE D. CASSIDY, an adjacent property owner, and I submit this memorandum in her behalf in opposition to the application of BETTY JANE COPIN for a variance or relief from Article 100-32, Section B (4) (improperly noted on her application as Article 100-33, Section B (4)). STATEMENT OF FACTS Betty J. Copin has applied to Board of Appeals for Southold Town for a variance to construct a garage on her property (Suffolk County Tax May No. 100, Section 52, Block 5, Lot 54 copy attached hereto as Exhibit 1). The construction she proposes would place her garage not less than ten (10) feet from the lot line of the property owned by my client. My client's property is no longer accurately portrayed on the Suffolk County Tax May (Exhibit 1) as it has been subdivided and appears as shown on the attached copy 1 of the subdivision plan (Exhibit 2). The variance requested would place the garage within ten feet of the lot line of parcel #1 on the subdivision map and would impair both the aesthetics of parcel #1 and the Copin property. It would be essentially out of character with the property in the adjacent area and would be setting a precedent for future variance requests. There is no need for the garage to be built in a location which requires a variance as there is ample area to construct a garage, if one is required, in a location on the parcel that does not require a variance. Additionally, applicant should be allowed to construct the requested garage only if it can be done within the confines of the code as there is no mandated need for a garage and no hardship will be suffered without one. In addition, this applicant has appeared before this Board in the past seeking a variance with regard to this property. In 1976 this applicant applied for a set-off of an adjacent lot and access to the interior lot for building purposes. The Board granted that variance on April 8, 1976 (Exhibit 3). By appearing before this Board in piecemeal fashion and claiming hardship in each instance, the applicant seeks to obtain multiple variances for the same property that would not have been granted had all the combined relief been requested simultaneously. 2 AREA VARIANCE REOUIRES "PI~CTICAL DIFFICULTY" The Zoning Board of Appeals~ authority to modify interpret sections of the zoning code is without question. the Appellate to be used by and/or In 1956 Division, Second Department construed the standard zoning boards in the granting or denial of area variances to be "practical difficulties',. 150 N.¥.S. 2d 906, aff'd I N.Y. 2d 839. the standard to be applied with regard variance which mandates "unnecessary Bronxville v. Francis, This was a reduction of to a request for a use hardship". This new definition has since been affirmed by the Court of Appeals and the court specifically stated "It is incumbent upon an applicant for an area variance to demonstrate that 'strict compliance' with the zoning ordinance will result in practical difficulties". Fuhst v. Foley, 45 N.Y. 2d 441 (1978). The new standard does not, however, mean that any variance can be granted. The applicant must show practical difficulty in complying with the code as written in order to substantiate the granting of a variance. The requirement may be less stringent than the "unnecessary hardship" required for a use variance but there is none the less a standard to be met before the zoning board may succumb to the applicant's request. The Zoning. Board should additionally consider that had this request been made in 1976 when this applicant was first before this Board another configuration could have been made that would not now require a second variance. 3 IIPR~CTICAL DIFFICULTIES~I DEFINED Although there is no absolute statement of the elements of proof required for practical difficulties, the courts have discussed the considerations relevant to making a determination as to whether the applicant truly has a "practical difficulty". In Wachsberqer v. Michalis, 191 N.Y.S. 2d 621 (1959) the court stated that the matters to be considered are: requirement; how substantial the variance is in relation to the 2. the effect, if the variance is allowed, of the increased population governmental facilities a two family house); density thus produced on available (in Wachsberaer the request was to build 3. whether a substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties created; 4. whether the difficulty can be obviated by some method, feasible for the applicant to pursue, other than a variance; 5. whether in view of the manner in which the difficulty arose and in consideration of all the above factors the interests of justice will be served by allowing the variance. What in essence is required is that the zoning board balance the need, the harm, and the alternative solutions in making its decision. The standard was by no means removed. The applicant must prove some injury from the application of the zoning regulation, Desianer Homes Inc. v. City Council of Yonkers, 321 N.Y.S. 2d 688 (2d Dept. 1971) and the variance cannot be granted unless relief is actually needed. Hemlock Dev. CorD. v. McGuire, 313 N.Y.S. 2d 608 (2d Dept. 1970). In applying these standards the court's have sustained and/or invalidated area variances for a number of reasons. The payment of higher taxes coupled with other non-conforming housing in the neighborhood and benefit to the neighborhood have been deemed sufficient reason to grant a variance. Mitchell v. Zoninq ~d. of Appeals, 437 N.Y.S. 2d 939 (2d Dept. 1981), mot. to dis. app. den. 441 N.Y.S. 2d 570. In contrast, financial loss has been ruled insufficient to warrant relief. Mitchell v. Zoninq Bd. of Appeals, supra. There is nothing in applicant's papers which indicates that she has suffered any "practical difficulties" as a result of being forced to comply with the code. In fact, there are other areas of the parcel which could adequately accommodate a garage, if the board finds that a garage is a necessity. Such a finding, however, would be without merit as many persons in Southold Town and across the nation do not garage their automobile and there is no necessity for same to either the automobile or the applicant. In the absence of an absolute necessity for the garage, the applicant should 5 comply with the code and if that is not possible a variance should not be granted. The applicant is not being denied the reasonable use of her land if she is either required to place the garage within the confines of the area defined by the code or she is denied the ability to build a garage. Although the applicant has been denied a usable portion of her lot by the presence of a pond: (1) that pond was present when the house was constructed and at that time the applicant could have planned for the placement of a garage, or, (2) applicant was aware at that time that the parcel could not accommodate a garage, or, (3) applicant simply chose the placement of the house without regard for the code and now seeks relief, or, (4) applicant could have planned for the garage when she asked for the set-off in 1976 and since she did not the configuration is now self-imposed. Although the practical difficulties requirement imposes a lesser burden of proof upon this applicant than would be true of the unnecessary hardship standard it is not sufficient for the applicant to show mere inconvenience. In fact, the court found that the construction of an enclosed porch necessitated by a family health problem was a mere inconvenience and insufficient to warrant an area variance. Fuhst v. Foley, supra. Another applicant was 6 denied a set-back variance to permit the construction of a solar heating unit and the court stated that such decision by the board of appeals was not arbitrary or capricious because the applicant had failed to show more than personal inconvenience. D'Aurio v. Board of Zonina ADDeals, 401 N.Y.S. 2d 425 (1978). As stated earlier there are distinctions between the criteria for a use variance as opposed to an area variance. This distinction also applies in the area of self-created hardships but it is nonetheless still a consideration. The Court of Appeals has stated in DeSena v. Board of Zonina ADDeals, 408 N.Y.S. 2d 14 (1978), that "a landowner's difficulty is in a sense self-created is certainly a factor to be taken into account in considering an application for an area variance, although it is less significant a consideration in such cases than in those involving use variances". Self-created hardship would be a flat bar in a use variance request and although it has a lower standing in the request for an area variance it is nonetheless a factor to be considered. More recent decisions indicate that a denial can result where such a hardship is present provided the denial is not arbitrary and capricious. Ames v. Palma, 384 N.Y.S. 2d 586 (4th Dept. 1976). In the Ames case the applicant was denied an area variance on the ground of self-created hardship when he purchased the land in question subject to the ordinance from which he sought relief. Self-created hardship coupled with no substantial injury has also been sustained as the basis for a denial. Simpson v. King, 363 N.Y.S. 2d 653 (2d Dept. 1975), aff'd 384 N.Y.S. 2d 443. In this instance there is more evidence of a self-created hardship than in the cases cited where the applicant was denied relief. This applicant created the lot lines that are present by way of a variance. Now, the applicant comes before this Board for another variance from the lot she created. In addition, she asks not for just a garage but a two car garage, with a hobby shop and garden tool storage area that stands some 23 foot high. A smaller garage without the additional storage space can be built within the requirements of the code and without destruction of the redwood tree mentioned in the application. CONCLUSION The request for a variance should be denied. Respectfully submitted, MARIE ONGIONI, ESQ. Attorney for Marie Cassidy Office & P. O. Address 218 Front Street P. O. Box 562 Greenport, New York 11944 516-477-2048 8 052 COUNTY OF SUFFOLK ,,_~,,,~ SOU?HOLD After investigation and inspection the Bo~rd finds that on th~ wast sid~ of Alber=so~ Lane, Greenportt ~ew Yorko set of~ lot with dwelling on it, with 150 foot frontage ~nd 200 ~oot depth, consisting o( 41,11~ ag. ~t. &ne wishes to provide ~ocess to interior lot consisting of 40,000 sg. ft. The Board agree~ wtt~ the reasoning o~ the a~l~llcant. The ~oard .finds that strict appliaation og th~ Ordinance would produc~ practical dltflculties or unnecessary hardshipl ~ho hardship created ia unlqu~ and woula not be mhared by all properties alike in the ~m~edla~e vicinity of this property and in tl~. same uae district~ ~nd the variance will not change the character o~ the noigi~borhood, and wall observe the spirit of the Ordimanco. THEREFOR~ IT N,~ I~OLV~D~ S~au~l & Dot=7 Jane Copill, b~ G~ITFD a~proval of access on ~,ropurty leo&ted on the we~t ·ide of Albortoon Lane, C~o~npor~, I~oW York, as applied ~Or, SUbject to the ~ollowing conditionl That the right-of-way Da t~provod to a width Of 15 feet ouPject to tile approval of the Building X~apecto=. Vote of the Board~ Hulse, l~yen. ~rigonis, APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Telepho. ne (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 1197 I Fax (516) 765-1823 Telephone (516) 765-1800 . Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: X Variance from the Zoning Code, ArticleIII , Section100-33B(4) Variance from Determination of __ Special Exception, Article Special Permit Southold Town Building Inspector. , Section Appeal No.:3977 Applicant: BETTY J. COPIN Location of Affected Land: 2195 Albertson County Tax Map Item No.: 1000-52-5-54 Within 500 feet of: Town or Village Boundary Line Lane, Greenport,NY Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owned Land State or Federal Park or or 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, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to locate accessory gnr~go in ~ide yard and rear yard with setback less than 20' from _~o,Jth p-np~rty line, Copies of Town file and related Dated: 12/1.4/90 documents enclosed for your review. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. 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 December 14, 1990 Mrs. Betty J. Copin 2195 Albertson Lane Southold, NY 11971 Re: Appl. No. 3977 - Variance (Accessory Building) Dear Mrs. Copin: Transmitted for your records is a copy of the determination rendered by the Board of Appeals at our December 13, 1990 Special Meeting concerning the above application. Please be sure to return to the Building Department and any other agency which may have jurisdiction for appropriate approvals. A copy of this decision has simultaneously been transmitted to the Building Department for their file and update. Yours very truly, GERARD p. CHAIRMAN Copy of Decision to: Building Department Marie Ongioni, Esq. Suffolk County Department of Planning GOEHRINGER -~ to the sale and issuance of the bonc~s herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, hereby delegated to the SuP~sor, the chief fiscal officer of the Town. ' ' ' · Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish the foregoing resolution, in full, together with a Notice attached in substantially the form prescribed by §81.00 of the Law in "THE LONG ISLAND TRAVELER-WATCHMAN," a newspaper published in Southold, New York, and in "THE SUFFOLK TIMES," a newspaper published in Mattituck, New York, each having a general circulation in the Town and hereby designated the official newspapers of said Town for such publication. 20.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Justice Edwards. No: Councilwoman Latson. This resolution was declare duly LOST. DEPUTY SUPERVISOR PENNY: I don~t think it's appropriate to pass these bills, (Resolution #21 to advertise for bids for Laboratory Analytical Services for the Southold Town Landfill, and #22 to advertise for bids for Well Drilling Services for the Southold Town Landfill.) without having made the proper appropriation to pay for it, so they. will be held. 23.-Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6NYCRR Part 617, Section 617.10, and Chapter ~14 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, in conducting an uncoordianted review of this unlisted action, has determined that there will be no significant effect on the environment. DESCRIPTION OF ACTION: Amendment to Chapter 100 (Zoning) of the Code of the Town of Southold in relation to accessory building setbacks. The project has been determined not to have a significant effect on the environment because an Environmental Assessment Form as been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the project be implemented as planned. 23.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards. his resolution was declared duly ADOPTED. // z~.-~oved by Councilwoman Latson, seconded by Councilwoman Oliva, . f ]NHEREAS, there has been presented to the Town B.o. ard of the Town of Southold [ Ja proposed Local law entitled, "A Local Law in Relatzon to Accessory Building ~ Setbacks"; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this proposed Local Law to the Southold Town Planning Board and th~ Suffolk County Department of Planninq in accordance with the Code of the Town of Southold and the Suffolk County Charter. Said proposed Local Law reads as follows, to wit: A Local Law in Relation to Accessory Building Setbacks BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-33(B) (Setbacks) is hereby amended to read as follows: 1. On lots containing up to twenty thousand (20,000) square feet, such buildings shall be set back no less than three (3) feet from any lot line. 2. On lots containing more than twenty thousand (20,000) square feet up to thirty-nine thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no less than five (5) feet from any lot line. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S.E.0,.R.A. TYPE II October 17, ACTION DECLARATION SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Bo~ 1179 Southold, New York 11971 Fax (516) 765-1823 ' Telephone (516) 765-1800 ]990 Appeal No. 3977 Project/Applicants: County Tax Map No. Location of Project: Betty J. Copin 1000- 52-5-54 2195 Albertson Lane, Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Locate accessory (garage) building partly in the side yard and rear yard with a setback at less than the required 20 feet from the southerly property line 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 with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc TOWN OF SOUTHOLD ZONING BOARD OF APPEALS In the Matter of the Application of BETTY JANE COPIN, for a variance. PUBLIC HEARING November 1, 1990 MEMORANDUM IN OPPOSITION TO THE APPLICATION FOR RELIEF FROM ARTICLE 100-32v SECTION B (4) I am the attorney for MARIE D. CASSIDY, an adjacent property owner, and I submit this memorandum in her behalf in opposition to the application of BETTY JANE COPIN for a variance or relief from Article 100-32, Section B (4) (improperly noted on her application as Article 100-33, Section B (4)). STATEMENT OF FACTS Betty J. Copin has applied to Board of Appeals for Southold Town for a variance to construct a garage on her property (Suffolk County Tax May No. 100, Section 52, Block 5, Lot 54 copy attached hereto as Exhibit 1). The construction she proposes would place her garage not less than ten (10) feet from the lot line of the property owned by my client. My client's property is no longer accurately portrayed on the Suffolk County Tax May (Exhibit 1) as it has been subdivided and appears as shown on the attached copy 1 of the subdivision plan (Exhibit 2). The variance requested would place the garage within ten feet of the lot line of parcel #1 on the subdivision map and would impair both the aesthetics of parcel #1 and the Copin property. It would be essentially out of character with the property in the adjacent area and would be setting a precedent for future variance requests. There is no need for the garage to be built in a location which requires a variance as there is ample area to construct a garage, if one is required, in a location on the parcel that does not require a variance. Additionally, applicant should be allowed to construct the requested garage only if it can be done within the confines of the code as there is no mandated need for a garage and no hardship will be suffered without one. In addition, this applicant has appeared before this Board in the past seeking a variance with regard to this property. In 1976 this applicant applied for a set-off of an adjacent lot and access to the interior lot for building purposes. The Board granted that variance on April 8, 1976 (Exhibit 3). By appearing before this Board in piecemeal fashion and claiming hardship in each instance, the applicant seeks to obtain multiple variances for the same property that would not have been granted had all the combined relief been requested simultaneously. AREA VARIANCE REOUIRES "PRACTICAL DIFFICULTY~ The Zoning Board of Appeals' authority to modify and/or interpret sections of the zoning code is without question. In 1956 the Appellate Division, Second Department construed the standard to be used by zoning boards in the granting or denial of area variances to be "practical difficulties". Bronxville v. Francis, 150 N.Y.S. 2d 906, aff'd 1 N.Y. 2d 839. This was a reduction of the standard to be applied with regard to a request for a use variance which mandates "unnecessary hardship". This new definition has since been affirmed by the Court of Appeals and the court specifically stated "It is incumbent upon an applicant for an area variance to demonstrate that 'strict compliance' with the zoning ordinance will result in practical difficulties". Fuhst v. Foley, 45 N.Y. 2d 441 (1978). The new standard does not, however, mean that any variance can be granted. The applicant must show practical difficulty in complying with the code as written in order to substantiate the granting of a variance. The requirement may be less stringent than the "unnecessary hardship" required for a use variance but there is none the less a standard to be met before the zoning board may succumb to the applicant's request. The Zoning Board should additionally consider that had this request been made in 1976 when this applicant was first before this Board another configuration could have been made that would not now require a second variance. ~PRACTICAL DIFFICULTIES~ DEFINED Although there is no absolute statement of the elements of proof required for practical difficulties, the courts have discussed the considerations relevant to making a determination as to whether the applicant truly has a "practical difficulty". In Wachsberqer v. Michalis, 191 N.Y.S. 2d 621 (1959) the court stated that the matters to be considered are: how substantial the variance is in relation to the requirement; 2. the increased population governmental facilities a two family house); effect, if the variance is allowed, of the density thus produced on available (in Wachsberqer the request was to build 3. whether a substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties created; 4. whether the difficulty can be obviated by some method, feasible for the applicant to pursue, other than a variance; 5. whether in view of the manner in which the difficulty arose and in consideration of all the above factors the interests of justice will be served by allowing the variance. What in essence is required is that the zoning board balance the need, the harm, and the alternative solutions in making its 4 decision. The standard was by no means removed. The applicant must prove some injury from the application of the zoning regulation, Desiqner Homes Inc. v. city Council of Yonkers, 321 N.Y.S. 2d 688 unless relief 313 N.Y.S. 2d (2d Dept. 1971) and the variance cannot be granted is actually needed. Hemlock Dev. Corp. v. McGuire, 608 (2d Dept. 1970). In applying these standards the court's have sustained and/or invalidated area variances for a number of reasons. The payment of higher taxes coupled with other non-conforming housing in the neighborhood and benefit to the neighborhood have been deemed sufficient reason to grant a variance. Mitchell v. Zoning Bd. of ApDeals, 437 N.Y.S. 2d 939 (2d Dept. 1981), mot. to dis. app. den. 441 N.Y.S. 2d 570. In contrast, financial loss has been ruled insufficient to warrant relief. Mitchell v. Zonin~ Bd. of ADDeals, supra. There is nothing in applicant's papers which indicates that she has suffered any "practical difficulties" as a result of being forced to comply with the code. In fact, there are other areas of the parcel which could adequately accommodate a garage, if the board finds that a garage is a necessity. Such a finding, however, would be without merit as many persons in Southold Town and across the nation do not garage their automobile and there is no necessity for same to either the automobile or the applicant. In the absence of an absolute necessity for the garage, the applicant should 5 comply with the code and if that is not possible a variance should not be granted. The applicant is not being denied the reasonable use of her land if she is either required to place the garage within the confines of the area defined by the code or she is denied the ability to build a garage. Although the applicant has been denied a usable portion of her lot by the presence of a pond: (1) that pond was present when the house was constructed and at that time the applicant could have planned for the placement of a garage, or, (2) applicant was aware at that time that the parcel could not accommodate a garage, or, (3) applicant simply chose the placement of the house without regard for the code and now seeks relief, or, (4) applicant could have planned for the garage when she asked for the set-off in 1976 and since she did not the configuration is now self-imposed. Although the practical difficulties requirement imposes a lesser burden of proof upon this applicant than would be true of the unnecessary hardship standard it is not sufficient for the applicant to show mere inconvenience. In fact, the court found that the construction of an enclosed porch necessitated by a family health problem was a mere inconvenience and insufficient to warrant an area variance. Fuhst v. Folev, supra. Another applicant was 6 denied a set-back variance to permit the construction of a solar heating unit and the court stated that such decision by the board of appeals was not arbitrary or capricious because the applicant had failed to show more than personal inconvenience. D'Aurio v. Board of Zonina APPeals, 401 N.Y.S. 2d 425 (1978). As stated earlier there are distinctions between the criteria for a use variance as opposed to an area variance. This distinction also applies in the area of self-created hardships but it is nonetheless still a consideration. The Court of Appeals has stated in DeSena v. Board of Zoninq Appeals, 408 N.Y.S. 2d 14 (1978), that "a landowner's difficulty is in a sense self-created is certainly a factor to be taken into account in considering an application for an area variance, although it is less significant a consideration in such cases than in those involving use variances". Self-created hardship would be a flat bar in a use variance request and although it has a lower standing in the request for an area variance it is nonetheless a factor to be considered. More recent decisions indicate that a denial can result where such a hardship is present provided the denial is not arbitrary and capricious. Ames v. Palma, 384 N.Y.S. 2d 586 (4th Dept. 1976). In the Ame~ case the applicant was denied an area variance on the ground of self-created hardship when he purchased the land in question subject to the ordinance from which he sought relief. Self-created hardship coupled with no substantial injury 7 has also been sustained as the basis for a denial. Simpson v. Kinq, 363 N.Y.S. 2d 653 (2d Dept. 1975), aff'd 384 N.Y.S. 2d 443. In this instance there is more evidence of a self-created hardship than in the cases cited where the applicant was denied relief. This applicant created the lot lines that are present by way of a variance. Now, the applicant comes before this Board for another variance from the lot she created. In addition, she asks not for just a garage but a two car garage, with a hobby shop and garden tool storage area that stands some 23 foot high. A smaller garage without the additional storage space can be built within the requirements of the code and without destruction of the redwood tree mentioned in the application. CONCLUSION The request for a variance should be denied. Respectfully submitted, MARIE ONGIONI, ESQ. Attorney for Marie Cassidy office & P. O. Address 218 Front Street P. O. Box 562 Greenport, New York 11944 516-477-2048 8 ¢ ( After investigation and lnepeotion the Board finds that on th~ west aide of Albar=son Lane, Greenport, ~ew York. set off lot with dwelling on it, with 150 foot fronta~e 200 foot depth, consisting of 41,213 ag. ft. and wi~hes to provide access to interior lot consisting of 40,000 ~q. ft. The Board finds that strict application of th~ Ordinance would produc~ practical difficulties or unneosssmry hsrd~hip~ the hardship created is uniqu~ and woul~ not be shared by all proparti~s alike in fha irm~ediate vioinity of ~his property and In th~ same use dist~io~ and the variance will not change of the Ordinanc~. TI[ER~,FORE IT WAS RESOLVED, S~au~l & Dotty Jan~ Copin, be G!t~qT~D a~proval of access on ~ropurty loo&~ed on tile ~e~t side of Alb~rtoon Lane, C~eenport, Now York, as a~plied for, subject to the following condition~ That the right-of-way be improved to a width of 15 feet subjecu to tile approval of the Building l~spector. Vote of the Boards Hulls, DOyen. Ayea~- Mmssrs~ Gillispie, ~rigonis, · · · 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 TOMe OF SOUTHOLD ZUNIEa BOARD OF'-~.~PEALS COUNTY OF SUFFOLK :'STATE OF H~W TORE - TO~H OF SOUTHOLD : ZONIHG BOARD OF APPEALS HEARING : Town Hall 53095 Main Road P.O. Box 1179 Southold, Hew Tork 11971 November 1, 1990 7:30 P.M. BEFORE : GERARD P. GOKIlRINOER, Chairman. BOARD MEMBKRS: ClIARLES aRIGONIS, JR. 8ERCE DOYEN, JR. JOSEPH H. SA~ICKI - Absent JAMES DINIZIO, JR. ALSO PRESENT: LINDA KOWALSKI, Board Secretary 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Board on this. HR. ORIOONIS: THE CHAIRMMI: HR. ORIHONIS: Second. Ail in favor. &ye. HR. DOYEN: HR. DINIZIO: THE CHAIRIIAN: everybody, Aye. Aye. Thanks very much, for coming in. behalf 3977. (Time noted: 8:15 p.m.) THE CHAIRHAN: The next appeal is in of Betty J. Copin, Appeal N,,mher The legal notice reads as follows: (Legal notice read off record.) THE CHAIRHAN: I have a copy of the survey, dated June 15, 1976, by R. Van Tuyl and Sons, indicating a one and a half story or two story frame home, approximately centered on the property. The nature of this application is a new two-car garage, approximately 54 feet south of this particular dwelling, approximately 10 feet from the southerly property line -- I have south, actually southeasterly property line. I have a copy of the Suffolk county Tax Hap 31 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 32 indicating this and surrounding properties in the area. MR. CURT HEYHOEFER: We had seen a garage in the paper, before &ugust 1st, and I came down to the Building Department and had no line -- no distance from the property line at that point and our intent was to put the garage up in the ~all. And I checked, and August 1st they came in with a property line and we would just like to put the garage where we had originally wanted it, which was l0 feet from the property line. THE CHAIRMAN: How were you going to get into the garage is the question. That is a rather dangerous turn, on Albertson Lane~ H~w are you -- MR. MEYHOEFER: The guard rail was put up some time ago and they were working on the railroad bridge. didn't have one there. Prior to that they ! brought a picture in. Basically, I am not one hundred percent sure as to how I was going to get in there, because the property had been subdivided by same and there are two parcels now. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 First I would like to take down -- take a section of the guard rail out. I spoke to the Highway Department and they didn't seem that that would be ~oo much of a problem. Then for a basic -- the property is very pretty and ! don't want to lose anything from there. $o I was thinking maybe a circular driveway from the front of the house down the side. THE CHAIRMAN: You mean taking the -- MR. MEYHOEFER: The existing garage from the driveway and just coming in front of the house and then going across and then down the side. I would have no objection to that, being perfectly honest, but I would have an objection to taking the guard rail out. I think that is going to cause a problem. It is a fairly dangerous area, not in reference to the fact that you get a tremendous amount of traffic on the road, but I have been down that road when there was ice on the road in the wintertime i I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 34 and I think from a hazard point of view you are better off leaving the guard rail in. MR. MKYHOEFKR: Fine, fine. We have no problem even swinging around the back of the house using the existing driveway and as it comes over to the side, just goes right around the back of the house and comes up and goes into the garage. We have no problem with that. THE CHAIRMAN: Nhich way are the doors going to be facing? MR. MEYHOEFER: They would be facing east, towards the road. The have to face that way for the simple fact that they have a -- looking at this, there is a tree that was ~rou~ht back from the west Coast which is a redwood tree and it is 25 years old and only Ood can make a tree and I hate to move it or take it down. The only trees we have been moving or taking down are ones that have been destructed by storms. THE CHAIRMAN: MR. MEYHOEFER: THE CHAIRMAN: Okay. Thank you. 3ust one other 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 35 question. How tall is the garage from grade to actual ridge? HR. HEYHOEFER: It is a kit and oil- hand, I put in for 25 lest, but I believe it is somewhere around 22. THE COURT: And upstairs the structure will be used for what, storage? HR. MEYHOEFER: Storage, because we can't store anything. There is no basement in the house, and this otherwise -- the other piece was -- that was split is rented [rom time to time and we try to have those people have at least their privacy. THE CHAIP~iAN: What is the greatest amount of utilities that would be in the buil~ing~ HR. MEYHOEFER: THE CHAIRMAN: HR. MEYHOEFER: THE CHAIRMAN: building is 24 by 32? HR. MEYHOEFER: THE CHAIRMAN: Electric. Just electric? Right. The size o[ the YeS, sir. The type of roof that would be on that would be barn type7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. MEYHOEFER: coinciding building, THE CHAIRMAN: No. To match the it would be apes. I thank you so much. 36 Is there anybody else that would like to speak in favor of the application? Anybody that would like to speak against the application? MS. ONGZONZ: ! am Marie Ongioni (Esquire), 218 Front Street, Greenport. I represent the adjacent property owner, Marie Cassidy. Mrs. Cassidy asked me to make an appearance in her behalf in opposition of her application. ! prepared a me~or~ldum, which I would like to submit to the Board at this'tim~. (Ms. Ongioni handing above-mentioned memorandum to the Board.) NS, ONGIONI: I am not going to reiterate the contents of the memo. That is now part of the record and the Board will have the opportunity to review it carefully, I am sure. Essentially, my client objects to this, to the granting of this variance; 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37 number one, because this is in essence a self-imposed hardship. Primarily, th~s particular parcel had been one large lot in 1976. The owner applied to this Board for a variance to set off the backyard of the lot and also to create an access road from Albertson Lane. in order to reach the interior lot which doesn't have any front road frontage. So essentially, this is a second variance for this particular parcel. If both applications had been made simultaneously in 1976, it would seem to me that the Board would have found that this particular garage could have been located elsewhere on the parcel so that the code requzrements would have been met, because that backyard was set off 14 years ago and the applicant is now before this Board for the variance from the side yard setback. That in itself is a self-imposed hardship. Additionally, it appears that this garage, even with the configuration of this lot, the garage could be located elsewhere on the property which would comply with the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 codes and would obviate the need for this Board's granting a variance. In addition to the fact that this is a self-imposed hardship, the applicant has not shown the practical difficulties which exist in having to locate the garage at this particular location. I would sub~t to the Board that there are alternatives available to the applicant that would enable him to comply with the code. THE CHAIRt4~N: How close is your applicant's house or dwelling -- is the principal structure to this property? HS. ONOIONI: Ny client's house is not directly contiguous to this parcel. Nrs.'Cas~idy o~rns some vacant land ad~acent to this parcel. She had it subdivided about six or seven years ago and the tax map, which is attached to the memorandum as Exhibit 1, attached to the memorandum the area in question is circled, you will see, and the Copin lot, the interior lot is shown and the large parcel -- I guess it would be to the south of the Copin property, is not 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 39 now -- that large open space as sho~n on this tax map is now four lots -- four one- acre lots. So the location of that garage would be very close to that first 40,000 square foot lot and would be to the detriment of that lot and the future configuration o~ the house on that lot. Also, it is a very large garage. It is a two-car garage. It has a hobby shop and a storage space. At the very least, it would seem the garage could be scaled down in order to comply with the code. THE CHAIRMAN: Thank you. Is there anybody else that would like to speak against the application? ' Do you have anything, sir, in rebuttal you would like to say? say. MR. MEYHOEFER: THE CHAIRMAN: MR. MEYHOEFER: hands of the Board. THE CHAIRMAN: I have nothing to Okay. I leave it in the The only thing I want to ask you is, would you like to be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 40 represented by counsel or would you like me to close the hearing based upon the information we have received? In other words, I have given you the opportunity to recess the hearing to the next regularly scheduled hearing if you would like to be represented by. counsel, bearing in m~nd there is an objection to the variance. HR, HEYHOEffER: I've never done this before and ! really don't know the procedure. · HE CHAIRH~N: ! am opening it up to you, to try and explain to you from this point. Certainly if we close the hearing at this point, we couldn't enter any other teatzmony into the hearing, would you like to get back to Hrs. Copin and tell here there is an objection to this variance, and maybe she would like to seek some legal assistance concerning this? HR. HEYHOEFER: In that case, I would like to get back to Hrs. Copin. THE CHAIRMAN: All right, What we will do is we will reschedule this for the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 41 next regularly scheduled hearing, the 29th of November. You can come hack and tell us or someone else can come hack and tell us whatever you choose to do concerning the application. NS. C~ROL C&SSIDY: Why isn't Nfs. Copin here? THE CHAIRNAN: I can't answer that question. I will direct that to the agent. Do you have any idea why Hrs. Copin is not here tonight? HR. HEYHOEFER: She didn't feel it was necessary for her to be here tonight. THE CHAIRI~N: Bearing that in mind, we will reschedule the hearing. I recess this'hea~ing to the next regularly scheduled hearing, which is November 29th. We thank you all for coming in and for the courtesy. I offer that as a resolution. MR. GRIGONIS: Second. THE CHAIRMAN: All in favor? MR. GRIGONIS: Aye. MR. DOYEN: Aye. HR. DINIZIO: Aye. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICaTiON I, GAlL ROSCHEN, do hereby certify that I am an Official Court Reporter and that the foregoing constitutes a true and correct transcript of the Town of Southold Zoning Board of Appeals hearing of November 1, 1990, according to my stenographic notes. GAlL ROSCHEN Official Court Reporter 145A APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO1'r 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 application is a copy of the Legal Notice, as published recently 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 times allotted in the attached Legal Notice. Please feel free to call our office prior to the hear//~g date if you have questions or wish to update your file. Xours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski I THIS INDENTURE, ma · 7th da~ of September , am~een hundred ~d F~ty-N~e~ ~r~ oI ~e first p~, ~d , ,, ~L ~OPIN and BET~ ~.~ C0PIN, his ~fe, as te~~0 the entimety, both residing at Southold, Suffolk County, New York, party of the second part, ~EStETH, that the l~rty of the first part, in conslder~tion of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain..p.19.t,, piece or parcel of land, with the buildings and hnprovements thereon erected, situate, lying and being ~ at Arsl~J~lo,a~qll~ · in tho ~o~u~ of Southold, Suffolk County, New York, bounded Northerly by other lands of Esther Tilling- bast and Jane T. 0blom, a distance of 200 feet; Easterly by Albe~sons Lane a distance of 200 feet; Southerly by other 1-~ds of Esther Till~nghast and Jane T. Oblom a distance of 225 feet; and Westerly by other lands of Esther TtllLugbast _and Jane T. Oblom on a line ru~tng~ in a nor.~herly dJmection a ~istance of. 220 feet or mo~e, the n_or~_ne_~-y or_~aor~ne$,swe~,$y co~n~ ~' s$$d p~o~s~s be~278 ~e~t, mo~e O~ ~8~ 0~ l7 ~om 8 ~ eDl~ l~o p~ovtded the same does ~t ~ende~ the t~t~e Rese~v~n~ to the parties of the f~st part, their heys, legal ~epresentatives and assigns~ all right~ title and interest in and to the existing pond on other l~nd of the parties of the first psmt and ad~aoen$ to the westerly line of the premises above described. TOGETHER with all right, title and interest, if any, of the party of the firstpart in and to any streets and roads ab(~tting the above described premises to the center lines thereo{; TOGETHER with the appurtenances and all the estate and rights of the party o£ the first part in and to said premises; TO HAVE AND TO HOLD the premises herein ~ranted unto the part}, of the second part, the heirs or successors and assigns of the party io[ ~J~e second part torever. AND the'party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consld- elation as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. AND the party of the first part covenants as follows: that said party of the first part is seized of the said pren~ises in fee simple, and has good right to convey the same; that the party of the second part shall quietly enjoy the said premises; that the said premises are free from incumbrances, except as aforesaid; that the party of the first part will execute or procure any further necessary assurance of the title to said premises; and that said party of the first part will forever warrant the title to said premises. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN V~I'I'NF_~$ WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE STATE OF NEW YORK. COUNTY OF ,~UP~OI.~, ss: On the ~th day o~ Sep~omb~,,19 ~9, ~ore me person~ly ~me ~ TI ,, ~'~', and ~ T. OBLO~, m mc known to bc me ~nd~v~du~ · d~cribed ~n and who cx~uted the [orcgo~ng ~nstrument, ~nd ~nowled~ed RENSSEI.AER G. TERRY. J~, NOTARY PUBLIC STATE OF ~ YORK STATE OF NEW YORR, COUNTY OF On the day o£ 19 , before me personaIly came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YORK. COUNTY OF ss: On the day of 19 , be£ore me personally came , 'r~~_ .~*/..'"~''t--.'. ........ to me known to be the individual described in and 'who executed the foregoing instrument, and acknowledged that executed the same. I ss: ~ STATE OF NEW YORK. COUNTY OF ss: On the clay of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, wa~ present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. XD,,c? mo! - M-2738 T-3576 CONSULT YOUR LAWYER BEFOR2E SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. Ti~INDF~ made the ~y of October , ~et~n ~dr~ ~d seventy-three B~ ESTH~ F. TILLING~ST, residing at Apt. 922, 3101 South Ocean Boulevard, Delray Beach, ~l?rida 33444; ~d : ~. ?~ ~ ~' JANE T. OBLOM, reszdzng at 754 Maz~ ~Qi~~ ~of~efir~,~ S~EL COPIN a~ BETTY JANE C~ itl~l~i~ '~1 residing at (no nmber) Albertson Lane, Southol~, Mcw Ycz-k II~71, party of the second part, wrrNE~ that the party of the first part, in consideration of Ten Dolhrs and other x-alu~ble consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors ~nd assigus of the party of the second part torever, ~ that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, at Arshamomaque, Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: BEGINNING at the northwesterly corner of land of the party of the second part, said point of beginning being South 86 degrees 30 minutes West 200.0 feet along said land of the party of the second part from the westerly line of Albertson's Lane; From said point of beginning running along said land of the pa~rty of the second part, South 8 degrees 56 minutes 00 seconds East 220.0 feet; THENCE along land of the party of the first part, the following three courses: (1) South 80 degrees 22 minutes 00 seconds West 171.0 feet;thence (2) North 8 degrees 56 minutes 00 seconds West 212.45 feet;thence' (3) North 77 degrees 50 minutes 30 seconds East 171.26 feet to ~he point of beginning. Containing 0.8487 of an acre. estate fZ , state · ~ g Finance ~, TOGETHER with all right, title and interest, if any, of the party of the fir~ part in and to any strec~s and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND ~he party of th~ first pa~ covenants that the Imrty of the fir~ part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the lmrty el~ .the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for .the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part o£ the total o~ the same for any other purpose. The word "patty" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNF.~S WHKRF..OF, the party of the first part has duly executed this deed the day and year first above IN I, RES~NCE 0~': / f ' (L.S .) ne T. Oblom) -- ~ STATE OF FLORIDA ~ :X'lg~3[3O~]l~M:~']~ COUNTY OF PALM BEACH ss, ~ On ~e ~y of ~ 19 ~, ~iore me .~ person~ly ~e ~U~ ~ ESTHER F. TILLING~ST to me known to be the individual d~cHbed in and who ~ecuted the foregoing instrument, and a~nowledged t~t S he ~ut~ ~e ~ ~ary Public ~t~ Pu~k. ~t~te al Florida ~t ~ Cbmm~sion Ex~i~s ~a~ch 22, STATE OF NEW YORK, COUNTY OF SUFFOLK personally c~ne JANE T. OBLOM to me known to t~ the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. Notary Pub .~.~ "'~b~LIAM G. At~RTSON INOTARY PUBLIC, ~tq~Ie of New York NO. 52-0003800 ~Do Qualili~d in Sa;~'.~k County TITLII: STATE OF FLORIDA COUNTY OF PALM BEACH. I, John B. Dunkle, C~er~ of the County of Palm Beach (and also Clerk of the Circuit Court for the ~ald County, the some being a court of re,rd of the aforesaid County, having by Iow, a seal) do hereby certify that .................................... JOAN SHERIDAN whose name is sub~cribed to the attached certificate of acknowledgment, proof or affidavit, was at the time of taking ~aJd acknowledgment, proof or affidavit, a notary public, acting in and for the said County, duly commissioned and sworn and residing in ~ald County, and was as such, an officer of said State, duly authorized by the laws there- of. to toke and certify the ~ame, as well as to take and certify the proof and acknowledgment of deeds and other in- struments .in writing to be recorded in said State, aha that full faith and credit are due and ought to be given to ~aJd official a~s[and I further certify that am weft acquainted with said hand writing and verily believe that the signature to,th~ bttached certificate Is said genuine signature. I verIly.~b~lleve the lmpresflon of the seal upon the original certificate or acknowledgment is genuine. The impression of the ~OI of said person who took =aid acknowledgment or proof, is not required by Iow to be filed In this office. : ~-" IN WITNESS WHEREOF, I have hereunto set my hand and affixed ' - - my official ~eal this 7th ESTHER F. TILLINGHAST and JANE T. 0BLOM TO SAMUEL COPIN and' BETTY JANE COPIN, his wife me vith tuly ; ent; saw reto. STAND&ID FORM OF NEW YOIX BOARD OF 11rLE UNDERWRITEKS THE TITLE GUARA.NTEE COMPA3tY COUNTY OR TOWN .................... Rccordcd At Reques~ of The Title Guarantee Comply RI1TIJRIq BY MAIL TO: RENSSELAER G. TERRY, ATr0RNEY - AT · LAW SOUTHOLD, N, ~ 11971 Zip No. Gerard P. Gnehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD .~CO'IT L HARRI$ Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 September 25, 1990 ~'Mrs. Betty J. Copin 2195 Albertson Lane Southold, NY 11971 Re: Application for Variance (Garage Structure} Dear Mrs. Copin: This letter will acknowledge receipt of your recent application filed with our office. The BoardMembers will be conducting individual field inspections and other reviews as may be required by state and local laws. In the interim, please provide us with: (a) a copy of the deed of the premises; (b) bu/lding-plan diagram of the size and height of the accessory building from ground level. (c} a statement signed by t~e proDerty owner as to the and auti~ities lxr~posed for the subject accessory building. id} a copy of a Ceri-i~:-~t~nte af Ocuu~nr'..v of x~cord fur ~-h,~ ~ub~ e=t l~remises. A copy of the Legal Notice as published by our office in the ~uffolk Times and L.I. Traveler-Watchman, Inc. will be forwarded to you soon as confirmation of the time of the hearing, which is expected to be held during the latter part of October, 1990. Please feel free to call our office if you have questions concerning the processing of your application. YOURS GERARD P. GOEHRINGER ~/ CHAIR3~N \ of propertg: Smash Side of park · (~) 7:50 p.m. A~I. No. 3971 ~ Av~ue (127~ f~t s~thw~t of ~ ~m ~1. f~ ~b- 8:35 p.m. AppL ~o. ~975 ~ sion to ~stm~ new dweilhs ;AR~ O. CAR~ON. N~ ~ ~ ~ ~ - ~; ~ T~ ~ Pn~ No. chi~in[ ~or sul~a f~ off- N~ ~ H~BY O~. i~5-~ ~m~d~T~ :'- 7:55 p.m. A~I. No. 3~6 ~= ~: Agfi~u~-~su~ati~ hw~~e~of v~ ~ hdd ~ ~e M~O~ ~.b 7mbs ~ ~ ~ , T~ Map h~ No. i~-69-5-.: ba~r M~8. ct ~ ~ld NY 11971, ~ THURSDAY. ' NOVEMBER !, 1~0, at ~ '~7:30 p.m; A~I. No. 3969 -- , ~ ~ ~ ~No. ~ u~ h ~n~ vi~ od 8:~ p.m. A~I. No. 3972 -- Section 100-32 for permission to constract two-fo~t extension of SMu~e cum:Md m dv~ with m Disulct: R-40. L _.~_'(m (~1~: 370 UM Lue` O~ NY; Orient- By-The-Sea Subdivision Lot No. 167. Section Three. Map 6160; PETROL STAT[ON LTl). Variance to the Zoning O~dinouc~ Aflicin V~, Sechm ~ Lot ~4 which will have inmfr--M,* Leu in thls R~idsutisl- Road ('2654' feet west of Alvah's tel which ,.-...i.. lus d~n 30,0(]0 sq. fl. h ins atsu f~ each use` sud (2) for interptmdou is to limitation of accessory (can)d~y) structure. Loc~tion o! Property: tety Avenue and Not~edy Side the Main Road, MauRuck. NY; 7:35 p.m. Appl. NO. 3974-~ %M? Parcd No. 100(0109-I.-?~...-~ DONALD L. OSANI (~o~ G~)RGE ~. 8:03 p.m. Appl. N.o, ~y,; .-- ~ ..... , BRUDERMANN JR.. Owner). '-4~ ~l~Ftx' 3. (X)Fflq. Variance to the ~ ~ 9.'00 p.m. AI~ Variance to the Zonlnf Ordinance, ;l f~,Zmi~..'Chdimnc~ )utlc~.~. Sec- '/ .MUi~I~C~oB. LEN Article IllA, Sectin~ 100-30~3 f,~ ~ ?lion 100-33B(4) fotpemtss~.?~..to ! ... AUtUt.t.m . .'Distrint. Lncation of P~rty: ~:\- sq. ft. inthtsR-SOZo~eDist~ct, ~ te/~ ,W '?n?~nmen~s may .~sobe = ~No~h: Ssa-' of Bayview Ro~d sud__ f L_,.r~ ,md 1~. 21gS Albefl___ .... h.-h.~4 pmr to the eoncins.m d. . the West Side of Reydon Drive, l' 5"~ sou Lane, Anbem(xn~qou, Gme~- the subject heating. Sonthold, NY: Count), Tax Map ~ pon, NY; County Tax Mq) P,rcei will n(x ? Pm:clNm. 1000*'F)-S-10mdll. ,~._ No. 10G0-~-5-54. , ~,. ;ted. Addifiooulumereryourpre- 7:40 p.m. Al)pl. No. 3080 -- 8:13 p.m. Appl. No. 3979 -- V]RGJNXA OLGA LEE. Varin~ce to the Zoning Ordinance, Article XXIV, Section 100-244B for ap- proval ~ deck addifiou to dwelling with an insufficient sideyard set-, back and ~duced front yard sct- ~ I~t a~a is nouce~onnin8 in this R-40 Zone DisuicL Locntima of !~: 14S5 Cedar Reach Road East, Southold, NY; County Tax Map Parcel No. 1000-92-1-4. 7:45 p.m. AppL No. 3973 -- DONALD & DOROTHY SWAHN. %~anc~s to the Z~in8.0r~inm~, A~icle fl~, Sec~ou 100-32 and Ar- ticle XXH~, Section 100-230 for ~ of insoffi¢iea~t 1ct a~a nnd width (frontage) of two proposed parcels, each with en existing dv~lling, in this pending d~dsion ~ THOMAS I. GORMAN. Variances to d~e ~ouing OMi.s.ce. Anicl= Section 100-'33-for al~oval of Icea- tion of two eccessor~ (storage) ~ ~.,~ta;ngs in the ftom yard, u ~. The lo~ .tee of thls i~rcel is non- confmmin8 in thb R-SO Zone Dis- uict. Location of Pre~erty: ! 8 Ct~s- _ 4 MSU l~ive. Mauimck. NY; ~onm ~ ' Tax Map Pardi No. 1000-i21-4-23. -8:25 p.m. Appl. No. 3068 -- ~9,~NE R. MILLER. Va~nce to Ihe Zoning Ordinance, Article IXIA, : S~ctlon 100-30A.3, end Article · i' XX~X, Secliou 100-239.4A for peT- mission to lcea~ proposed dwellin~ ~! 100 fect from die ~ o~ th~ h~les~ ~ point (top of bluff3 on this 42,030 j.~. nonconfonnin~ as t.%lot_wid.~ semctiou weft be avsilchle` if need-; ed. For more information, please call 765-1809. : Ihted: Octobe~ 17, 1~90. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD E GOEHRI~GER "By Linda Kowniski STATE OF NEW YORK) ' )SS: COUNTY OF SUFFOLK) Christina Volinski said County, being duly sworn, say: Clerk of THE SUFFOLK TIMES, published 8t Mattituck' in the Tow~ Suffolk end State of New York, and the annexed is a printed copy, has b( said Newspaper once each we successively, commencing on tz October 19 90 Swom to before me this IqOTICE OF HEARIlqGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 1, 1990, at the following times: 7:30 p.m. Appl. No. 3969- ANDREW BURKARD. Variance to the Zoning Or- dinance, Article III, Section 100-32 for permission to con- struct two-foot extension of garage attached to dwelling with an' insufficient front yard set- -back. Zone District: R-40. Loca- tion of Property: 370 Uhl Lane, Orient, NY; Orient-By-The-Sea Subdivisoin Lot No. 167, Sec-. tion Three, Map 6160; 1000-157 5-24.13. 7:35 p.m. Appl. No 3974. DONALD L., OSANI (for GEORGE BRUDERMANN JR., Owner). Variance to the Zoning Ordinance, Article IIIA, Section 100-30a.3 for approval of re-separation into two separate parcels as shown by separate deed conveyances, each lot having insufficient area and ,proposed construction to meet setback requirements for this R-40 Zone District. Location of Property:. North side of Bayview Road and the West side of Reydon Drive, Southold, NY; County 2~tx Map Parcel Nos. · 1000-79-5-10 and 11. 7:40 p.m. Appl. No. 3980- VIRGINIA OLGA LEE. lance to the Zoning Or- nce, Article XXIV, Section 1~0-244B for approval of deck addition to dwelling with an i~~° sufficent sideyard setback and reduced front yard setback. Lot area is nonconforming in this R-40 Zone District. Location of Property: 1455 Cedar Beach Road East, Southold, NY; County Tax Map Parcel No. 1000-92-1-4. 7:45 p.m. Appl. No. 3978- DONALD & DOROTHY SWAHN. Variances to the Zon- ing Ordinance, Article III, Sec- tion 100-32 and Article XXIII, Section 100-239 for approval of insufficient lot area' and width (frontage) of two proposed parcels, each with an existing dwelling, in this pending divi- sion of land. Zone District: R-40. Location of Property: South side of Park Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-123-8-8. 7:50 p.m. Appl. No. 3971~ VALERIE M. KRAMER~ Variance to the Zoning Or- dinance, Article XXIII, Section 239.4B and Article XXVIII, Section 281, for permission to construct new dwelling structure with an insufficient setback from existing bulkhead and from the easterly (front) proper- ty line along Manhansct Avenue. Lot area of parcel is nonconfor- ming in this R-40 Zone District. Location of Property: 730 Robinson Road and 980 Manhanset Avenue, Greenport, N~ County Tax Map Parcel No. 1000-34-5-20. 7:55 p.m. Appl. No. 3976- THOMAS AND MARIAN SANTACROCE. Special Excep- tion to the Zoning Ordinance, Article III, Section 100-31(9)(E) for permission to construct off- premises ground sign to adver- tise for business purposes. Loca- tion of Property for Sigr/? Southeast corner of Shipyard Lane and the Main Road, East Marion, NY; County Tax Map Parcel No. 1000-38-1-1.2 8:00 p.m. Appl. No. 3972- PETROL STATION LTD. Variance to the Zoning Or- dinance, Article VII, Section 100-72 for approval of propos- ed Lot No. 4 which will have in- sufficient area in this Residential-Office (RO) Zone District. Location of Property: North side of the Main Road (265:1: feet west of Alvah's Lane), Cutehogue, NY; County Tax Map Parcel No. 1000-109- 1-23. '%05 p.m. Appl. No. 3977- BETTY J. COll'. Variance to the Zoning Ot~lm~ance, Article III, Section 100-33B(4) for per- mission to locate accessory (garage) bnilding partly in th~e~ side yard and rear yard with setback at less than the required 20 feet from the southerly pro- perty line. The lot area of this parcel is nonconforming at 40,000 sq. ft. in this R-80 Zone District. Location of Property: 2195 Albertson Lane, Ar- shamomaque, Greenport, NY; County Tax Map Parcel No. L{~00- 5 2- 5 - 5 4. 8:15 p.m. Appl. No. 3979- THOMAS L GORMAN. Var- iances to the Zoning Ordinance, Article III, Section 100-33 for approval of location of two ac- cessory (storage) buildings in the front yard, as exist. The lot area of this parcel is nonconforming in this R-80 Zone District. Loca- tion of Property: 18 Crescent Drive, Mattituck, NY; County Tax Map Parcel No. 1000-121-4.23. 8:25 p.m. Appl. No. 39687~6 IRENE R. MILLER. Variandd to the Zoning Ordinance, Arti- cle ILIA, Section 100-30A.3, and Article XXIII, Section 100- 239.4A for permission to locate proposed dwelling structure with a setback of less than 100 feet from the top of the highest point (top of bluff) on this 42,930 sq. ft. parcel. The parcel in question is nonconforming as to lot width (frontage) of less than the required 150 feet in this R-40 Zone District. Location of Property: Lake View Avenue (127:t: feet southwest of Hun- tingtan Boulevard, a private road), Southold, NY; County Tax Map Parcel No. 1000-68- 3-10. 8:35 p.m. Appl. No. 3975- ARTHUR G. CARLSON. In- terpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved,~ by the Building Inspector) fdr' approval of maricniture uses to include delivery and storing of seafood, packaging, freezing and/or preparation of raw or cooked seafood (processing) for shipping and/or sales for off- premises consumption· Zone District: Agricultural- Conservation (AC). Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2. ' 8:45 p.m. Appl. No. 3788- SUN REPINING & MARKET-~, ING. Variance to the Zoning dinance, Article X, Section 100-102: (1) for permission to establish convenience store use in conjunction with and ac- cessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area for each u~ and (2) for interpretation as to height limitation of accessory (canopy) structure. Location of Property:. Corner of the Easter- ly side of Factory Avenue and Northerly side of the Main Road, Mattituck, NY; 1000-142-1-27. Matters Recessed from September 26, 1990:. :00 p.m. AppL, No. 3955~ DOMINICK SBLENDIDO & A. AURICCHIO. 9:10 p.m. Appl. No. .$938- VILLAGE MARINE. The hoard of Appeals will said time and place hear any an{l all pcrsons or representatives desiring to be heard in each of · the above mattem Wtitten com- ment~ may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: October 17, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER · -~: . CHAIRMAN By: Linda Kowalski "· "~ ' ~X-10/25/90(2) COUNTY OF SUFFOLK SS: 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 for ..................... /'. .... weeks successively, commencing on the ............ dayof ..... .~ ....... 19 .~.~... Sworn to before me this .......... .~.?..:~. ..... da,/of ......... ..... Notary Public R'~a"~. N0[..~f t U~, No. Qualified Commi~en APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. 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 ! 1971 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. 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, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copies to the following on or about 11/13/90: L.I. Traveler-Watchman (delivery 11/13) Suffolk Times, Inc. (delivery 11/13) Bulletin Board (Lobby) Individual ZBA files J. Kevin McLaughlin, Esq. Mr. Herbert Lindtveit (hand-delivery 11/13) Mrs. Beverly Lehr (hand-delivery 11/13) Mr. John Scaramucci, P.O. Box 1043, 2045 Westphalia Road, Mattituck, NY 11952 (Re: Vangi) Mr. Sanford Friemann, P.O. Box 915, Cutchogue 11935 (Re: H & S) Mr. Curt Meyhoefer, 2195 Albertson La, Southold 11971 (Re: Copin) ~Marie Ongi0ni, Esq., P.O. Box 562, Greenport 11944 (Re: Copin) John M. Wagner, Esq., P.O. Box 279, Riverhead 11901 (Re: Sun Oil) Donald M. McGayhey, Esq., Box 981, Southold 11971 (Re: Maloney) Mrs. Phyllis Rayne Byer, Box 1161, Cutchogue 11935 Re: Milazzo: Salvator A. Caradonna, 23 W. John St., Hicksville, NY 11801 Mr. John Milazzo, 137 Kings Road, Hauppauge 11788 Mrs. Muriel Baldwin, 1045 Island View La, Greenport 11944 Philip J. Cardinale, Esq., P.O. Box W, Main Rd, Jamesport 11947 Marie Ongioni, Esq. (same as above) Mr. Victor Lessard, Principal Building Inspector Mr. Arthur G. Carlson, Box 693, Southold 11971 ..~,.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 hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at. the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 29, 1990 at the following times: 7:30 p.m. ~ppL No. 3972-- PETROL STATION LTD. Hearing continued from November 1, 1990. 7:35 p.m. Appl. No. 3985-- HERBERT AND CATHER- INE LINDTVEIT. Variances to .~, the Zoning Ordinance, Article .~XXVIII, Section 100-239.4B -and Article XXIV, Section 100-244B for proposed one- ~ ~ story and second-story additions with two-foot over-hangs (can- tilevers). Portion of additions will be less than 75 feet from bulkhead along Corey Creek and will reduce both side yards to less than the minimum re- quired at 10 and 15 feet. The dwelling as exists has noncon- forming side yards, and the lot area and width are also noncon- forming in this R-40 Zone Dis- trict. Location of Property: 625 Windy Point Lane (Private Road #12), Southold, NY; County Tax Map Parcel 1000-87-4-7. 7:40 p.m. Appl. No. 3986-- BARRY AND BEVERLY LEHR. Variance to the Zoning Ordinance, Article II1, Section 100-30.2A for approval of the location of accessory building .% located in an area other than thc 'required rear yard and located within 75 feet of the bulkhead.~¢ along Goose Creek (a/k/a West Creek). Lot is nonconforming as to lot area and width in this R-40 Zone District. Location of Pro- petty: 15 Sun Lane, Southold; also referred to as Lots 1 & 2 on the Subdivision map of' "West Creek Development" filed July 6, 1937 as County File No. 1236. County Tax Map Parcel ID No. 1000-76-1-1. 7:45 p.m. Appl. No. 3988-- ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Ar- ticle XXIII, Section 100-239.4, . fo,[ permission to construct e ~r~e'/~ddition with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side yards at less than the required 15 feet and 20 feet. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Loca- tion of Property: 645 Glen Court, Cutchogue, NY; Vista Bluff Map No. 5060, Lot #1; County Tax Map Parcel ID No. 1000-83-1-7. 7:55 p.m. Appl. No. 3987-- H&S ASSOCIATES by Sanford Friemann. Variance to the Zon- ing Ordinance, Article X, Sec- tion 100-102 (Bulk Schedule) for approval of insufficient fwntage (lot width) (as exists) along the Main Road of proposed Lot #3 and for approval of insufficient lot depth of proposed Lot//2, in this pending minor subdivision, and for approval of access ac- cording to New York Town Law, Section 280A over a private right-of-way. Zone Districts: B- General Business and Agricul- tural-Conservation. Location of Property: North Side of Main.. Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-24. Total area: 19.596 tn 8:05 p.m. Appl. No. 3977-- ,~ ) BETTY J. COPIN. Continued~ from November 1, 1990. 8:15 p.m. Appl. No. 3788-~ SUN REFINING & MARKET- ING. Variances to the Zoning Ordinance, Article X, Section 100-102: (1) for permission to tablish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area; (2) for inter- pretation as to height limitation of accessory (canopy) structure, and (3) for approval of canopy structure in the front yard loca- tion. Location of Property: Cor- ner of the Easterly Side of Fac- tory Avenue and Northerly Side of the Main Road, Mattituck, NY; County Tax Map Parcel ID No. 1000-142-1-27. 8:30 p.m. Appl. No. 3983-- JANET MALONEY. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100-239.4B for approval of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is nonconform- ing as to lot area in this R-40 Zone District. Location of Pro- perry: 30 West Lake Drive and 2505 Little Peconic Bay Lane, Southold, NY: County Tax M~_p Parcel ID No. 1000-90-I-25; Cedar Beach Park LOt No. 125, filed Map No. 90. 8:35 p.m. Appl. No. 3981- PHYLLIS RAYNE BYER. Variance to the Zoning Ordi- nance, Article III, Section 100-30A(I), as disapproved, for approval of second dwelling apartment unit, as exists. Build- ing as exists contains two dwell- ing units and retail store in this Limited Business (LB) Zone District. Lot is nonconforming as to lot area, width and depth. Location of Property: Comer of South Side of Main Road and the East Side of Bay Avenue, Cutchogue, NY; County Tax Map Parcel ID No. 1000-85- -3-2.1. 8:45 p.m. Appl. No. 3973-- JOHN AND ROSE MILAZZO. Variances to the Zoning Ordi- nance, Article XXIlI, Section 100-239.4 [a/k/a 100-239d(B)] and Article XXIV, Section 100-244B for permission to locate addition and reconstruc- tion of dwelling structure with setbacks: (a) at less than the re. quired 75 feet from the bulk- head, (b) at less than the re- quired minimum 35 ft. rear yard at its closest point, and (c) at less '"than the required 10 ft. and 15 ft. minimum side yards, (d) at less than the total side yards re- quired minimum of 25 feet. Existing dwelling structure is nonconforming as to the nor- therly side yard, the rear yard, and the setback from the bulk- head. Lot area and width is non- conforming in this R-40 Zone District. Location of Property: 9 Island View Lane, Greenport, · NY; County Tax Map Parcel ID No. 1000-57-2-20. 8:55 p.m. Appl. No. 3955-- DOMINICK SBLENDIDO & A. AURICCHIO. Interpretation requested regarding second kit- chen facilities and its relation to single-family versus two-family uses, and a variance for addition with an insufficient frontyard setback. 185 Inlet Lane, Green- port. Continued from Novem- ber 1, 1990. :, 9:15 p.m. Appl. No. 3975-- ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article ,III, Section 100-30 (as disap- , proved by the Building Inspec- tor) for permission to accept delivery of shellfish from local waters, to shuck the shellfish, and to deliver or ship the seal- sale distribution. Soallope Ind conches to be dclis~d foe off- promises ennsumption or sales. Zone D~strict: ASricultuval- Consetw~n (AC). Location of Propert~ 1575 Low~ Fu~arL Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2. Con- tinued from November I, 1990. The Board of Appeals will at said time and place hear any and all persons or representati~ de- siring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject bearing. Each heating will not start before the time al- lotted. Additional time for your presentation wiU be available, if needed. For more information, please call 765-1809. Dated: November 9, 1990. BY ORDER'OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski IX, 11/15/90 (30) COUNTY OF SUFFOLK SS: 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 for ................... ~. ...... weeks successive!y, commencing on the ......... .,~.'~...~. ....... Sworn to before me this ..................... day of ........... .~,~...~ .... ~9 ~.~... Notary Public BARBARA k. ~HNEII~ NOTARY PUBUC, ~t~.of No, 480684G Qualified in Suffqlk Com~/ Commission F.x pii'~ .NOTICE OF HKARINGS · I~.OTIC~.I,~.gg, REBY GIVEN. pursuant to Section 267 of thc Town Law and the Code of the Town of Sonthold. the foHowin8 hearings! will bt held by the SOUTHOLD TOWN BOARD OF APPEALS ~t a Regular Meeting, at the Southold ~ Town Hall. Main Road, Southold,. NY 11971, on THURSDAY ~ NOVEMBER 29, 1990 at the for lowing times: 7:30 p.m. AppL No. 3972 -~- PETROL STATION LTD. Hearing centinued from November 1, 1990. 7:35 p.m. Appl. No. 3985 -- HERBERT AND CATHERINE L~IYI'VEIT. Varimcesto the Z~u- on 100-239.4B and Article ~ _( Main Road. O~.4mgu~, N~ Sectieu 100-24~B for ping. ed erie- -' Tax Map Pawel ID No. 1000-1OR-2- two-f~t over-hangs (cantilevers). ~o. 3977 ~"~ I~tim of eddi~ms will bt less than / j[Blfl-l'I'l. COP]N. Continundfmml 75 feet from bulkhead alert8 Co~yq/5 Novem t = . Cmdt andwill -e~a'~ehoth sideyards -~[~FS-p.m. Appl. No. 3788 ~ to less than the minimum mtubed a~ SUN REFINING & MARKETING. 10 and 15 feet. The dwelling as exists Variances to the Zeeing'OMinance, bas non~efonning side yards, and Aflicle X, Sec6ea 100-102: (I) for cenforming in ~ R-40 Zone Dis- sto~e use in conjunction with and trint. Location of Property: 623 accessov/to the existing psolinel Windy Point Lane (Private Road sta6on me ou this sub~andant #12), Sonthold, NY; County Tax bhp eel whack emtaim less than 30.000 Pame11000-87-4-7. sq. ft. in 10t a~a; (2) for inteqm:nt- 7:40 p.m. AppL No. 3986 -- den as to bright limltation c/-.~,.*- BARRY AND BEVERLY LEHR. sou/(canopy) muctom, and (3) for Variance to the Zoning Ordinance, apl~oval of canepy stmctote in the Article I~, Section 100-30,2A for front yard location. Location of q~proval of the location of accesso~ Property: Comer of the Easterly building located in an area otbtr Side of Factory Avenue and than the required rear yard and Northerly Side of the Main Road, located within 75 fee~ of the bulk- Mgttitock, NY: County Tax Map head along Come Oeek (a/~da West Pm~el ID No. 1000-142-1-27. Caeck), Lot is nonconforming as m 8:30 p.m. Appl. No. 3983 ~ lot area and width in this R-40 Zone fANET MALONEY. Vatiance to tbt District. Location of Property: 15 Zoning Ordinance, Artlcin XXIII. Sun Lane~ Southold; also tefened to Sectien 100-239.4B for approval of as Lots I & 2 on the Subdivision deck within 75 feet of bulkhead map of "We~t Creek Development"~O ~ed July 6, 1937 as County File No, 1236. County Tax Map Parcel ID No. 1000-76-1-1. uny: 30 West Lake Drive and 2505 ?:45 p.m. Appl. No. 3988 -- Litdc Peconic Bay Lane, Southold, ANTONIO VANGL Variance to the NY; County Tax Map Parcel ID No. Zoning Ordinance. Article XXIV. 1000-90-I-25; Cedar Beach Park Section 100-244 and Article XXIK Lnt No. 125. filed Map No. 90. Section' 100-239,4. for permission to 8:35 p.m. AppL No. 3981 -- constma garage ~ddifion wi~h a set- pHyI 1.t~ RAYNE BYER. Variance b~ck of les1 than 100 feat from the to the Zoning O~finance, A~ide ITl, top of the bluff along the Long Seaion 100-30A(I), u bland Seared and with side yan/s at for approval of second dwellin8 less than the mqul~d 15 feet and 20 apumnent unit, ~s exists. Buildin~ as feel The dwelling as exists is mm- exists cuntains two dweHin8 units "~-4~..~_~g u to ~ sideyards, and and retail ~ in this Lambed Busi- the lot ai~ are aox- ness (IR) Zone Disuict. LCt is nee- confon~ing in this R-40 Zone Dis- conforming u to lot area. width and C°°~ Cntchosne, NY; Vim Blulf d Socth Side d Main Rord and tho Map No. 5060, Lot #1; County T~ East Side of Bay Avenue. Map Parcel ID No. 1000-83-1-7. Cutcbulue, NY; County Tax map 7:55p.m. AppI. No. 3987--H& Patcel iD No. 1000-85-3-2.1. - - S ASSOCIATES by Sanford Fda- 8:45 p.m. AppL No. 3973 -- . mann. Vatinnce to the Zoning On/i-_./ ]OHN AND ROSE MILAZZO. nance, Article X, Section 100-10~ ~ Variancot to the Zonin80~dinance, (Bulk Schedule) for apl~,~al of/n- ..~ Article XX]irl, Section I00-239,4 sufficient fmnntie (lot width) {as '~ 'Ia/kb 100-2~gd(B)! and Article exists} ale~g the Main Read d pm- .~ XXIV, Sectiou 100-244B for pe~. posed Lot #3 and for approval of '-; mission to locate addition and in~uffideat ant del)th of Im)pe~nd Let .... ~.ec~stmctio~ of dweBing stmctom #2, in this pendln8 minor sub- ~!~ wish setbacks: {a) at less than divisim md for approval of p _,~--_* ~*L~; mluimt 75 feet flora ~he bulkhoedlt~ ao:ordm8 to New York Town Law. <~. ~) at le*t shun the mlulred mini- ,SecUre 280A over a pdv~e 68h-d- a~...~, m~n 35 ft. rear yani it its doren way. Zene Districts: B-C. enend ? point, and (c) at less than ~e ~. · ne~s..q~4~ ,Ag~:~ltufa[-C.~selvatine..~,quited.1O ~..~.d 15 fi. minlmu~a. side yards requimt minimm of 25 feet. Ex/sting dwelling stn~ton~ is no~:eafonning as to the nmtbtfly side yant, the ~ear yard, and the set- back from the bulkhead. Let area R-40 Zone DiatricC Louation og Property: 9 Island View Lane, _ Gteenport. NY; County Tax Map Parcel ID No. 1000-57-2-20. * 8~55 p.m. AppL No. 3955 ~ DOMINICK SBLENDIDO & A. AURICCHIO. Into~pretation mquened regarding second kitchen fadlitie* ~d/u relation to single- family venus two-family roes, and a ciant ftontyard setback. 185 Inlet Lane, Gtcenpo~. Continued from 9~15 p.m. AppL No. 3975 -~ ~ ARTHUR (3. CARLSON. Interpn~tation and Variance to the lion 100-30 (ns dlsapptoved by the Building Inspector) for permission to accept deliver/of shallfish from local waters, to shuck the sbal~ish. and to &idiver ot ship the scallepe and/or ~0eches for wholesale distri- along Hog Neck Bay. Lot is non- ~. bution. Scallops and conche* to bt · 40 Zone District. Location d I~ · ' * 6on or sales. Zeee District: Asficail- tonl-Canservafiou (AC). Lecation of Property: 1575 Lowii' Road. Southdd, NY; Ceunty Tax Map Pa~. orl No+ 1000-69-:5-13.2. Cmtimmi flora Nov~nbet l, 1990. , ~.~- heard in each of the above runners. WtiUen ~omme~s may also be au,b- mined I=iet to ~e co~dotim of the subject hearing. Each heating .... Additional time for your pte. ~ ': BYORDEI~OFTHESOUTHOLD TOWN BOARD OF APPBAIR STATE OF NEW YORK} } SS.' COUNTY OF SUFFOLK} Sharon Rock of Mattituck, in said County~ being duly sworn, says that he/she is Principal Clerk of THE SUFFOI. K TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State oi' New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks. successively, commencing on the 15 day of November 1990 Principal Clerk Notice of Hearings Z.B.A. - November 1, 1990 Copies of Legal Notice also to the following on or about I0/16/90: Mr. and Mrs. Andrew Burkard, 40 Slocum Ave, Pt. Washington 11050 Mr. and Mrs. Donald L. Osani, 332 Throop St., N. Babylon 11704 Mr. and Mrs. George Brudermann, 10 Winter La, Dix Hills 11746 Mrs. Virginia Olga Lee, P.O. Box 1273, Southold 11971 Mr. & Mrs. Donald Swahn, P.O. Box 283, Mattituck 11952 Mrs. Valerie M. Kramer, P.O. Box 1360,;Southold 11971 Mr. & Mrs. Thomas Santacroce, 75 Shipyard La, East Marion 11939 J. Kevin McLaughlin, Esq., P.O. Box 803, Greenport 11944 Karen Hagen, Esq., P.O. Box 1424, Mattituck 11952 Mr. Curt Meyhoefer, 2195 Albertson Lane, Southold 11971 Mrs. Mrs. Marie D. Cassidy, 2055 Albertson Lane, Southold 11971 Mr. Thomas J. Gorman, P.O. Box 1445, Mattituck 11952 Proper-T Services, P.O. Box 617, Cutchogue 11935 William D. Moore, Esq., P.O. Box 23, Mattituck 11952 Mr. Arthur G. Carlson, P.O. Box 693, Southold 11971 John Wagner, Esq., P.O. Box 279, Riverhead 11901 Philip J. Cardinale, Esq., Drawer W, Jamesport 11947 Marie Ongioni, Esq., P.O. Box 562, Greenport 11944 Charles R. Cuddy, Esq., P.O. Box 1547, Riverhead 11901 JUDITH T. TERRY TOWN CLERK REGISTR^R OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 To: Prom: Dated Re: SOUTHOLD TO~¥N ZONING BOARD OF APPEALS JUDITH T. TERRY, 5OUTHOLD TOWN CLERK SZPTE~IBER 21, 1990 APPEAL NO. 3977 - BETTY J. COPIN Transmitted herewith is an application for a variance submitted by BETTY J. COPIN together with: Notice to Adjacent Property Owners; copies of survey; Notice of Disapproval dated September 21, 1990, Zoning Board of Appeals Questionnaire form; Short Environmental Assessment Form. Note: C.O. was not included. Judith T. Terry Southold Town Clerk QUESTIO2;NAIRE TO BE COMPLETED AND SUBMITTED ~TII YOUR APPLICATTON FO,'lf.IS TO TIIE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 2.a) b) 3. 4. 5. Are there any proposals to change or alter land contours? Yes ~ Are there any areas which con=~in wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Are there any areas open to a waterway without bulkhead? Are there existing structures at or below ground level, such as patios, foundations, etc? Are there any existing or proposed fences, cDncrete barriers, decks, etc? If project is proposed for an accessory building or structure, i~ total height at more than 18 feet above average ground 1--i~l? State total: ' · · ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ........... ft. 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes Y~ No Y~ No '/es Zes Y~ No ' es Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board ~ Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other 10. 11. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an "' inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? 13. Please list present use or operations conducted upon the subject propert~ at this ~time ~. and proposed ~ ~- ~lease submit photographs/ fo~ the re~ord. Yes Yes Yes ~°~ Yes Yes Yes Yes 'es Yes I certify that reliance by the Board of Appeals in considering my application. ~ig~g~ r~e (i~ Owner)~(~tu thio ~iz~ ~ A~ n t~ 1/88 the above statements are true and are being submitted for., WETLANDS [Amended 8-26-76 by L.L. No, '~-197G; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETIoANDS: (1) .4.{{ lands gcnerniIy covered or /ntormit~,ntly e~mv- eyed ~vith. or which bord.r on, th{a{ wa~ers, or lands lying beneath tidal waters, which at mean Iow tide are covered by tidal waters to a maximum depth of 'five (5) feet. including but not limited to banks. bogs. salt marsh, swaml,s, meadows, flaL,~ or other Iow lying lands subject to tidal actinn: (2) : All banks, bogs. meadows, fiats and tidal marsh subject to such tides and upon whicl~ grows or may grow some or any of the fol]owin~ salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundse{, marshmallow and low march cordgrass; and/or All land immediately adjacent to a tidal wetland a~ defined in Subsection A(2) and lying within seven- ty-five (75) feet lamlward of the most landward edge of such a tidal wetland. FRESIIWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 2.1. Ti- tle 1. § 2.1-0107, Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land." (ts defined in Subsection B(1) and lying ~vitb- in seventy-five (75) feet landward of the most land- ward edge of a "fi'eshwater wetland." 9705 COUNTY - SUFFOLK ...... --TO~N OF $OUTHOLD .......... C R 0 S 8 E E F ~ R E M C E L ! $ T ! N G CURRENT DATE - 1210818 S#lS - 4?3889 --- PAffCEL-~NTIEICAT?O# SEQOENCE s~.-s-49 c vn n~E.~AN CAT~EeZNE & AN 17 sz..5-so .... ~-PU TONOO$-STEVE-# S ur ....... ~ ~ 600 600 600 311 617.21%. Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJEC'T INFORMATION (To be comDleted by ADDlicant or Project sponsor) .~131. P NT/~p N$OR *. 2 PROJECT NAME J4. PRECISE LOCATION (Street address and r~a~ inlers~t/ons, p~lnent I~r,~.,~ik~, elc. or provide ma~) 6. DESCRIBE PR~ECT BRIEFLY: SEQR ?. AMOUNT OF LAND AFFECTED: Initially ~.~.~ acres Ultimately ~ . acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LANO USE RESTRICTIONS? WHAT IS PRESENT ~ND USE IN VICINITY OF PROJECT? D Residential ~ Industria, ~D Commercial ~ricultu,e 0esc~ibe; [] Park/Forest/Open space [] Other t0. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)?.. /. [] Yes ~o II yes, list agency(si and permit/approvals 11. DOES ANY A~NCT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ]Yes o It ye~. list agency name and permit/approval 12. AS A RESULT OF ROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO TH BEST OF MY KNOWLEDGE uoastal Assessment Form before proceeding with this as'sessm'ent OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act re u of thxs form, and an envi .nme ~-~ ---: .... q ires submission before any action is take~ n .... =v~ew wl~£ ue ~:ade by this board SNORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In--order ~o answer the questions in this short EAF it is assumed that the preparer will use currently available informationconcerning 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) E~nvironmental Assessment 1. Will project result in a large physical change to the project site or physically alter more /NO 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 .,/No 5. 10. 11. 12. ance as a result of the project's operation? Will project have any impact on public health or safety? 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? Is there public controversy COncerning the Will project significantly effect drainage flow ~o on adjacent sites? ~Yes Will project affect any threatened or endangered plant or animal species? ~Yes Will project result in a major adverse effect on air quality? ~Yes 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 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 Will project have a major effect on existing or future recreational opportunities? _ Yes ~o Will project result in major traffic problems Or CaUse a major effect to existing transportation systems? _.__Yes Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- 13. 14. Date: O~E ,¥ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S.E.9.R.A. TYPE II ACTION DECLARATION October 17, SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Bo8 1179 · Southold, New York 11971 Fax (516) 765-1823 "Telephone (516) 765-1800 ]990 Appeal No. 3977 Project/Applicants: County Tax Map No. Location of Project: Betty J. Copin 1000- 52-5-54 2195 Albertson Lane, Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Locate accessory (garage) building partly in the side yard and rear yard with a setback at less than the required 20 feet from the southerly property line 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 with the subjectapplication indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc R-80 LIO RR BOARD OF APPEALS, TOWN OF SOUTHOLD tb~Peti~o~ .ot;e.o Appea,s of ge Town of Soutbo,d : ADJACENT TO: PROPERTY YOU ARE HEREBY GIVEN NOTICE: 1. Th,,~l~.-~e intention of the undersigned to petition the Board of Appeals of the Town of Southold toreque~a~Vad~Lnce)(Special EzcelH, ion) (Spe.~ial Permit) (Ol:her) , [c~c~e choice] '~Th h -~ h fh~ ~- . att epro~erty~ i~his~esubjec~ottre et~nislocate a~jacent to your property and is de~- cr~edasfollows:~l~ ~/~ ~ ~~ . ~ ( ~T~hat the property which is the subiect of such Petition is located in the following zoning district: 5. That the provis~f the Southold Town Zoning Code applical~le~to the relief sought by the under- signed are A:ticle ~..i~L sect_i_on [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (5'16) 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 al' 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 appea;; and be heard at such hearing. Dated: ~/~ 6//~ 6" . pOoWs!'e r ~: ~-d r~e~s: ~/~~ 'tel. ) I [Copy of sketch or plan purposes.] showing proposal to be at~&r~b;ed~fe.r conven'lence NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) ~--- , being duly sworn, deposes and says that on the _..~/ day of c.~'- ,19~L/') , deponent mailed a true copy of the Notice set forth on the re- verse ~de 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 curren..L,asse~s/me~} roll. 9f the. )'own of Southoid; that said Notices were mailed at the United States Post Of- fice at :~-~-#/'~/d/~:ao.) {/z~s~.Lt~ ; that said Notices were mailed to each of said persons by (certified) (regist,ered) mail. / ' Sworn to be~re_,~e this ~-- d day of ~:,.~--~/~-~ , 19 ~ ~ · 4952248, Suffolk Couq~y rm Expires June 12, 19..TJ. (This side does not have to be completed on form transmitted to adjoining property owners.)