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HomeMy WebLinkAbout3817APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DIN~ZIO, JR. Southold Town Board of Appeals IVlAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 ACTION OF THE BOARD OF APPEALS Appeal No. 3817: Upon application of DORIS K. BROWN for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory building in the frontyard area. Location of Property: Private Right-of-Way located off the north side of Bergen Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 17. WHEREAS, a public hearing was held and concluded on January 12, 1989 in the Matter of the Application of DORIS K. BROWN under Appeal No. 3917; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: Page 2 - Appl. No. 3817 Matter of DORIS K. BROWN Decision Rendered January 12~ 1989 1. By this application, appellants request a Variance under Article III, Section 100-32 for permission to construct a 30 ft. by 40 ft. accessory barn/storage building in the frontyard area, with a setback of not less than 25 feet to the easterly property line and as more particularly shown by sketched copy of a survey dated November 9, 1972 (of VanTuyl & Son). 2. The premises in question is an 4.85-acre parcel of land situated along the north side of a private right-of-wat which extends off the north side of Bergen Avenue in the Hamlet of Mattituck, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 112, Block 1, Lot 17. 3. The subject parcel is improved with a single-family, one-story frame house, which is presently set back at approximately 500 feet back from the southerly front property line. 4. Article III, Section 100-32 of the Zoning Code provides accessory buildings to be located only in the required rear yard. For the record, it is noted that the rear yard area for this parcel is designated at that area north of the existing dwelling (facing Long Island Sound). 5. For the record, it is noted that the height of the building to top of roof peak is proposed at 19 feet 10 inches. Article III, Section 100-32 restricts the maximum height of accessory buildings to 18 feet from average grade. 6. It is the position of this Board in considering this application that: (a) the circumstances are unique to the property and are not personal in nature; (b) the relief requested is not unreasonable and is the minimal necessary; (c) the relief requested will not alter the essential character of the neighborhood; (d) there is no other method feasible for appellant to pursue other than a variance; Page 3 - Appl. No. 3817 Matter of DORIS K. BROWN Decision Rendered January 12, 1989 (e) the variance, if granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (f) the interests of justice will be served by granting the variance. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief requested under Appeal No. 3817 in the Matter of DORIS K. BROWN for permission to locate 30 ft. by 40 ft. accessory barn in the frontyard area, to be used incidental to the residential use of the premises, provided that the total height of the structure not exceed 18 feet to the top of roof peak from average grade. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. (Absent were: Member Doyen due to poor flying conditions, and Member Sawicki was out-of-state.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, APPEALS BOARD MEMBERS GERARD P. GOEHR1NGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town oard o£Ap e ls MAIN ROAD- STATE ROAD 7..5 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pu~'suant 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, JANUARY ~, 1989, at the following times: 7:32 p.m. Appl. No. 3809 - STEPHEN AND DONNA GRZESIK. Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct addition to dwelling with an insufficient rearyard setback. (309) North Road, Greenport, NY; Section 40, Block 1, Lot 3. Location of Property: 62215 County Tax Map District 1000, 7:35 p.m. Appl. No. 3810 - ANTHONY AND ROSEMARY BOLLETINO. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory tennis court, swimmingpool, and fence enclosure(s) in the frontyard area. Location of Property: North Side {~16705) Main Road, East Marion, NY; County Tax Map District 1000, Section 23, Block 1, Lot 14.6. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989  7:38 Appl. No. 3817 - DORIS K. BROWN. Variance to p.m. the Zoning Ordinance, Article iii, Section 100-32 for permission/ ~°~~a~~YR~~W~~a~n~r~h~r~thL~i~°f~ Bergen Avenue, Mattituck, NY; County Tax Map District 1000, ection 112, Block 1, Lot 17. 7:43 p.m. Appl. No. 3816 - WILLIAM AND THERESA PARK. Variance to the Zoning Ordinance, Article III, Section 100-32, for approval of addition to accessory building with insufficient setbacks from property lines. Location of Property: Westerly Side of Bennett Lane and the South Side of Pine Neck Road, Southold, NY; County Tax Map District 1000, Section 70, Block 9, Lot 1. 7:48 p.m. Appl. No. 3820 - GUNTHER AND KAYLA STOTZKY. Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct addition at rear of existing dwelling with an insufficient rearyard setback. Location of ~Property: East Side of Osprey Nest Road, Greenport, NY; Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 7:53 p.m. Appl. No. 3802 - HOWARD LUCAS/ALICE HUSSIE. Special Exception to the Zoning ordinance, Article VII, Section 100-70B for permission to establish car dealership (and sign) in this B-1 General Business Zone District. Location of Property: West Side of Horton's Lane, Southold, NY; County Tax Map District 1000, Section 59, Block 3, Lot 32.1. 8:00 p.m. Appl. No. 3912 - PETER AND JANICE STEIL. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory swimmingpool in the frontyard area. Location of Property: East End Road, Fishers Island, NY; County Tax Map District 1000, Section 5, Block 2, Lot 7.4. 8:03 p.m. Appl. No. 3815 - ALFRED FALKOWSKI. Variance to the Zoning Ordinance, Article IX, Section 100-93, Bulk Schedule, for permission to locate new principal building in this C-1 General Industrial Zone District with an insufficient frontyard setback. Location of Property: 8595 Cox Lane and South Side of Oregon Road, Cutchogue, NY; County Tax Map District 1000, Section 83, Block 3, Lot 4.6. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 8:05 p.m. Appl. No. 3814 - RYCK KOKE. Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of accessory swimming pool with fence enclosure in the sideyard area. Location of Property: 245 Kimberly Lane, Southold, NY; Paradise By the Bay Subdivision Lot No. 2; County Tax Map District 1000, Section 70, Block 13, Lot 20.2. 8:10 p.m. Appl. No. 3806 - DORIS PRICE MOELLER FOSTER. Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient lot width (frontage) of proposed Parcel No. 1 in this pending Minor Subdivision. Location of Property: West Side of Little Neck Road, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 9, Lot 13. 8:15 p.m. JOSEPH AND BETTY HARDY. South Side of Main Road, Mattituck, NY; 1000, Section 114, Block ll,-Lot 5: (a) Appl. No. 3747 - Special Exception to the Zoning Ordinance, Article VIII, Section 100-80B, for permission to construct wholesale storage building, accessory to plumbing use; and Location of Property: County Tax Map District Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 (b) Appl. No. 3746 - Variance to the Zoning Ordinance, Bulk Schedule, Article VIII, Section 100-81, for permission to construct wholesale storage building for plumbing business use. 8:25 p.m. Appl. No. 3810 - WILLIAM J. BAXTER, JR. Special Exception to the Zoning Ordinance, Article XIII, Section 100-80B for permission to utilize existing building and premises for assembly and manufacture of classic cars in this "C-Light Industrial" Zone District. Location of Property: North Side Main Road and West Side Elijah's Lane, Mattituck, NY; Proposed Lot No. 1 as shown on Map dated October 12, 1988; County Tax Map District 1000, Section 108, Block 4, Lot 10. 8:30 p.m. Appl. No. 3797 - FISHERS ISLAND UTILITY COMPANY, INC. Variances to the Zoning Ordinance, Article III, Section 100-31, for approval of insufficient area of two proposed parcels in this pending division of land. Location of Property: West Side of Crescent Avenue and North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.4. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 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. For more information please call 765-1809. ' Dated: January 3, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski -x FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated .... d" '~./~- ~- ............ , 19 ~'~.. -~ z-~ ~. L o cation of Property ../.... ~ .............. ~ .......... ..~~t~.~ House No. ~ Ham/et County Tax Map No. 1000 Section ..... ./'.~. e~,.' .... Block ..... ./'~ ....... Lot .... ./. ~.. ...... Subdivision ................. Filed Map No ................. Lot No. ' is returned herewith and disapproved on the following grounds..~.~.....~..g,~. ,.~... ..... ~~-...~. ~,,~..-~~¢...~~..~ ....... . ......... RV 1/80 TOWN OF SOUTHOLD, NL~V YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DEC2? 1988 DATE .............................. TO THE ZObLLNG BOARD DF APPEALS, TOWN OF s'~JL:~ DLD, N./~ . ,. ~w., ..~o.~.,:.~.. .... /.<..: .... ~.r....o..~ o, ../.~.:~...~ ..... ..r.~.cg.c.~ ..... ../t...~...c... Name of Appellon.t .................. Street and'Number ........ .j~.~,.~../.~'.,..:~...(~...C../,~.. .......... ~..~; ..........HEREBY APPEAL TO "'/~unicip;ii~'~ .................................... THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATE D Z..~..../....~.....~.../.....'~....~.': ......... WHEREBY 'I'HE BUILD_lNG INSPECTOR DENIED TO ...... /c .... ..... ~ Narn~ of Applicant for permit __ __ o, /.~i~./~/;?~ ...... ~..~ .... ,...~_a.~..~.~.~.~ ...... ~...(.. ...... S N un'ci'pality State / ( ) PERMIT TO USE ~( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY/.~....~..~. ...... _~.~..../~..,..~..~...t~..V....~... ...... ~.~./~..~.~ .~...~ (, ..~ /t ~- / /"7 Street /'Hamlet /, Use District on'r'}.~'~ District 1000 Section Block ' Lot -- Current Owner '/~'~ _' _ /.z'- .................................................................................. L.,',GFI'~ IL, !-')/ 'v~op No. Lot No. Prior 0wner~--.~.,-?..._.~.~./-~ 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 [OO- _~ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X~ A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has~ been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) REASON FOR APPEAL A Variance to Section 250A Subsection 3 A Variance to the Zoning Ordinance (~') ~Do Fr~r ,/ar~/ is requested for the reason that Fo~m Z'n! (Continue on other side) REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORplNANCE would produce practical difficulties or unneces- f.('d f' B 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 ~.~ //1 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE SS Sworn to this ..... c~ 3/~tr~ day of .... .~.....e...~..~.~. 19 ~-~ ~ Notary Public LINDA J. COOPER Notary Public, State of New Yc~'k No. 4822563, Suffolk County Term Expires December 31, 19._gL. TOWN OF SOUTHOLD OWNER FORMER OWNER SEAS. VL. FARM 'LAND IMP. TOTAL DATE PROPERTY- RECORD" CARD VILLAGE ~,ST.i SUB. LOT ~) e-.S 0... ACR. TYPE OF BUILDING COMM. CB. MICS. Mkt. Value REMARKS AGE BUILDING CONDITION NE~ NORMAL BELOW ABOVE FARM Acre Value Per Value Tillable FRONTAGE ON WATER Woodland Meadowland House Plot .Total 'FRONTAGE ON ROAD DEPTH ~ V'. BULKHEAD DOCK ' COLOR TRIM :~ ~ ;-/. t -r/= M. Bldg. Extensi°n Extension Extension Porch Porch Breezeway I Garage Patio O.B. .'.Total · .. ':. 'JFoundation 7 ~O"'JBasement Ext, Walls Fire Place Type Roof I IRecreation ~0~ ~/rmer Bath Floors Interior Finish Heat Rooms 1st Floor [Dinette / LR. / Room Rooms 2nd Floor Driveway FIN. B .~c~le : IOO'=t" ruff DEPARTMENT OF PLANNING COUNTY OF SUF'FOL::K PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN DIRECTOR OF PLANNING February 2, 1989 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 Con~nission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Howard Lucas/Alice Hussie Doris Price Moeller Foster Anthony & Rosemary Bolletino Peter & Janice Steil v/Doris K. Brown 3802 3806 3810 3912 3817 Very truly yours, Arthur H. Kunz Acting Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS; MEMORIAL HIGHWAY HAUPPAUGE, L.I., NEW YORK I 1788 (516) 360-5192 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 ' SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ,q C~RT .......... JOSEPH H. SAWlCKI i_::James Dinizio, Jr. Pursuant t'o Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southo]d, New York, hereby refers the following to the Suffolk County Planning Commission: x__ Variance from the Zoning Code, Article III, Section 100-32 Variance from Determination of South~ld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3817.Applicant: Location of Affected Land: County Tax Map Item No.: 1000- 112-1-17 Within 500 feet of: Town or Village Boundary Line Doris K. Brown Private ROW off N/s Bergen Ave., Mattituck, NY Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area 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 building in frontyard area. Copies of Town file and related documents er, closed for your review. - tr Dated: January 31, 1989 Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. January 27, 1989 Mrs. Doris K. Brown P.O. Box 915 Bergen Avenue Mattituck, NY 11952 Re: Appl. No. 3817 - Variance Dear Mrs. Brown: Transmitted herewith for your perusal and file is a copy of the determination recently rendered by the Board of Appeals in the above matter. Copies of this decision have also been furnished to the Building Department Office to update their files. Please be sure to return to the appropriate agencies/departments for other permits which may be necessary. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Building Inspectors Suffolk County Department of Planning APPEALS BOARD MEMBERS GERARD Po GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD ~-S SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 TRANSCRIPT OF HEARING REGULAR MEETING - JANUARY 12, 1989 SOUTHOLD TOWN BOARD OF APPEALS Appl. No. 3817 - DORIS K. BROWN for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory building in the frontyard area. Location of Property: Private Right-of-Way located off the north side of Bergen Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 17. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr.; and James Dinizio, Jr. Absent were: Serge Doyen of Fishers Island, due to poor weather conditions, and Joseph H. Sawicki (out-of-state). Also present were: Linda Kowalski, Board Secretary, and approximately 30 persons in the audience. The Chairman opened the hearing at 7:48 p.m. and read the Legal Notice of Hearing for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey dated November 9, 1972. We have a parcel of property which appears to be approximately'5.2 acres and on a long right-of-way from Bergen Avenue, which leads to the parcel, then to the Long Island Sound. And we have a house that's constructed approximately almost on the lip of the bluff and we have the nature of this application which is a barn, which is to be constructed equally distant approximately a little more toward the east property line between the house and the end of the south side of the property, which is where the right-of-way basically starts. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard? JOSEPH BROWN: I'm Joseph Brown. My mom owns the land and I'm the builder of the (proposed) building. It's quite remote and virtually unseen. The land in question for the building is in a wooded hollow, which has never been used for anything. It's JOSEPH BROWN, continued: overgrown with catbriar and all the big trees. We had a new neighbor just to our east and he has almost finished construction. There has been nobody for 40, almost 50 years, and now there's a house just built, and they are very familiar with this and have told me they have no qualms about it. The other party is the farmer who has inherited the land, and I doubt that it affects him. He can't be seen from the farm, which is quite distant from below the level of this building. And the other person I think has the same situation and is virtually unseen. CHAIRMAN: What type of utilities would be placed in this building other than electricity? MR. BROWN: Well actually not even that, as far as I'm concerned. I think I should at times run an over-the-ground cable for light possibly to have access to what's in there. It's going to be basically storage, 30 x 40 is the basic dimension. Two story, 8 ft. headroom below and 6'6" to 10 ft. headroom above, to the peak of the building. CHAIRMAN: What do you mean by below, are you going to put a basement in it--is that what you're referring to? MR. BROWN: It would just be the ground floor. I think we would have a slab on it. And upstairs would be simply furniture storage and light-weight items, and downstairs would be various things I can run in, equipment, tractor, mowers, the stuff that usually lays out and rusts. CHAIRMAN: Ok. Yes, that is a tough driveway to get up. MR. BROWN: I'm lucky I got here tonight because the mud tonight, I'm telling you. The new owner of the new house by the way is applying a hard surface to the road which is a mile long and it will be a god-send for many years. CHAIRMAN: We thank you, Mr. Brown. Is there anybody else that would like to speak in favor of this application? Anybody like to speak against the application? Questions from Board Members? Hearing no further questions, I'll make a motion closing the hearing and reserving decision until later. MEMBER GRIGONIS: Seconded. ALL IN FAVOR: Ayes. CHAIRMAN: Thank you for coming in. We hope to have a decision for you tonight. Respectfully submitted, List of Mailing Notice of Hearings for 1/12/89 .Southold Town Board of Appeals Copies to the following on or about January 3, 1989: Environment East, Inc., 3075 Indian Neck Lane, Peconic, NY 11958 for Stephen and Donna Grzesik. J. Kevin McLaughlin, Esq., 828 Front Street, Box 803, Greenport, NY 11944, for Anthony and Rosemary Bolletino. ~s. Doris K. Brown, Box 915, Bergen Avenue, Mattituck, NY 11952 Mr. Joseph Brown, 536 East 15th St, Apt. 4, NY, NY 10028~,~ Mr. and Mrs. William E. Park, Jr. 3500 Pine Neck Road, $outhold, NY 11971 Mr. and Mrs. Gunther Stotzky 110 Bleecker Street, New York, NY 10012 Mr. Howard Tudisco, Gray Construction Corp. (picked up in person on 1/3/89) Mr. Howard Lucas, 437 Second Avenue, East Northport, NY 11731 (by mail) Ms. Terry S. Gingras, Office Manager, for P. & J. Steil Metcalfe and Thorne, Inc., 150 Main Street, Northampton, Massachusetts 01060 Mr. Warren A. Sambach, Sr., Box 1033, Cox Lane, Cutchogue, NY 11935 for Alfred Falkowski Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 as Attorney for: Ryck Koke Doris Price Moeller Foster Joseph and Betty Hardy Karen J. Stretz, Esq. for William J. Baxter, Jr. Wickham, Wickham & Bressler, P.C., Main Road P.O. Box 1424, Mattituck, NY 11952 Richard F. Lark, Esq. for F.I. Utility Company, Inc. Main Road, Box 973, Cutchogue, NY 11935 Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby)SBA Office Bulletin Board SBA Board Members (with file copies) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS To: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: /'~-~g~-~~ Transmitted herewith is Zoning Appeal NO. Doris K. Brown 3817 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 · application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; I~tter relative to NYS Tidal Wetlands Land Use; Notice. of~l~isapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk Southold Town Board of Appeals MAIN RDAD- STATE RDAD 25 SOUTHEILD, L.I,, N.Y. 11':371 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS January 12, 1989 GERARD P. GOEHRINGER, CHAIRMAN S E.Q.R.A CHARLES GRIGONIS, JR. ' ° SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ~CEF~T J. DC'J~LASS JOSEPH H. SAWICKI Notice of Determination of Non-Siqnificanc~ James APPEAL NO.: 3817 PROJECT NAME: DORIS K. BROWN 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. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION:Permission to loca%e'accessory building in the frontyard area. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Private ROW off the north sade of.Bergen Ave., Mattituck, NY 112-1-17 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Construction proposed is landward of existing structures. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals, Town Hall Southold NY 11971; tel. 516- 765-1809 or 1802. ' ' ' ' Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. (3) Information.has been submitted ~y applicant or his agent in- dicating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands. mc Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS January 12, 1989 GERARD P. GOEHRINGER, CHAIRMAN S.E.Q. R .A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPHH. SAWICKI Notice of Determination of Non-Significance James APPEAL NO.: 3817 PROJECT NAME: DORIS K. BROWN 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. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or simil&r project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION:Permission to loca-te'accessory building in the frontyard area. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Private ROW off ~h¢ north_sid~ of ~Bergen Ave., Mattituck, NY 112-1-17 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Construction proposed is landward of eXisting structures. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals,.Town }[all, Southold, NY 11971; tel 516- 765-1809 or 1802. ' ' Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. (3) Information.has been submitted ~y applicant or his agent in- dicating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands. mc TOWN OF SOUTHOLD, NL~V YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)~..C~..l:~ ....... /.~.. ......... ~..~.0....(,:~...~. ...... of .[..~..2q. ..... ~..~..q.~.~ ..... /~..~....~.. .................. .... N&me 6f Appellont street~afld Number ........... 'J~'~'i~i~;Ji~ ...................................... ;E .......... HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ^~,~^~-,o~ ~o~ ~,~ ~o ..................................... ~^~-~,~...f....o....../....~.z....x.....~..~r. ........ WHEREBY THE BUILDING INSPECTOR DENIED TO ....... ...... ................ Name of Applican. r or perm, i __ . . .... ~;;~' an~"l~nb;r ................. Muni~ip;~ii~ .................... §~;t;;''''t ................ ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (~) pe~,~; 'r .~ Co~.~-r~- A~<. 6/d9, 1 LOCATION OF THE PRQPERTY ./..~...~..~ .... 6e.~.._~. :C..~(..,..~..~'....~. .......... ..~.....~.....~./:~...~...C...(..,~.... · 'J/C~' I f-/ Street /Hamlet / Use District on Zoning Mop District 1000 Sectio~ Block Lot * ~ . ~ ,'~ -, /~' ,(? . .................................................................................. uurren~ uwner i jori') f\ i)rocL~/t/ Map No. Lot No. P rion 0wne r. ,~, 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and P~aragraph of the Zoniqg Ordinance by number. Do not quote the Ordinance.) Article '~ Section 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ()~) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 (.) 4. PREVIOUS APPEAL A previous appeal (has)~een made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ('~) A Variance to the Zoning Ordinance is requested for the reason that ~'orm ~.sz (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties alike vicinity of this property and in this use district because in the immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE~ THE CHARACTER OF THE DISTRICT because -'~J~ ~. ~'/'7/~ : ,,~C:~ * ~'/'G~ ,) / S ) ss / ~--- .................... _ "' Signature '" COUNTY OF ~qF~'~)LI~L- ) Sworn to this ........ ,.~.~...~..../~....~..z. ................... day of .................... 19 ~' fi" Nbtary Public LINDA J. COOPER Notary Public, State of New Yorl~, No. 4822563, Suffolk County Term Expires December 31, 19 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~TIt YOUR APPLICATION ["Oil,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. 1. Are there any proposals to change or alter land contours? 2.a)Are there any areas which Contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? e Are there existing structures at or below ground level, such as patios, foundations, etc? Are there any existing or proposed fences, cuncrete barriers, decks, etc? 5. If project is proposed for an accessory building or structure, is total height at more than 18~eet above total '~ /O~ ft. average ground~-~v~l ?~ ~ ~ : 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ...... ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit 9 and Nature: Yes Yes Yes Yes< Yes :~ Yes ~ Yes ~ 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 Yes ~~ Yes Yes Yes Yes~ ~ / Yes Yes~ 10. 11. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from cQntract) 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 mnspection ~r possible waiver or permit under the requiremen~s'~f Ch. 97 of the Town Code? Yes ~ 13. Please list present .use or opera~i..ons cond.ucted upon the. subject propert~at this tim~(~%/~'~ I ~ and proposed ~~ ~ /~(f,~~/ ~tA~ Please submit~hotographs~ ~d ~ec~rd? - / ~ .... I certify th ~/the above statements are true and are being submitted reliance by/ .h~ Board of Apes in considering my application· Sign~., r~p~r~ Ow~ (Authorized ~t) for WETLANDS [Amended 8-_6-,b by L.L. No. 1976; 3-26- 85 by L.L. No. 6-1985]: ') ' ' 2- A. TIDAL WETI,ANDS: (1) All lands generally covered or intermittently coy. ered with, or xvhich bord~,r on, tidal waters, or lands lying beneath tidal water~, which at mean Iow tide · are covered by tidal waters to a maximum depth of five (5) feet, including but not limited ~o banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action: · (2) All banks, bogs. meadmvs, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march eordgrass; and/or (3) Ail land immediately adjacent to a tidal wetland as defined in Subsection Al2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESItWATER WETLANDS: (1) ~Freshwater wetlands" as defined in Article 2,1, Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1)and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 ~t · 25. s5 4-16.4 (2~73--Text 12 PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) il,.-~PPLICANT/SPONSOR 2. PROJECT NAME.~ ~ ' 3. PROJECT LOCA¥~ON: - FORM SEQR MuniciPality County J~, '"~(~/~ 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) ,5. IS PROPOSED ACTION: I New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially ~,/ % acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes l~ No If No, describe briefly 9. V~T IS PRESENT LAND USE IN VICINITY OF PROJECT? ~J~ Residential [] Industrial ~r-~ Commercial uescribe: ,~Agriculture [] Park/Forest/Open space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STA'[EiOR LQCAL)? "~ Yes [] No If yes, list agency(s) and permit/approvals 11. DOES ANY ASPECT~.~ OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL. [] Yes ~ No If yes, list agency name and permit/approval 12. AS A RESULT~OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes ~U No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: ~'Er"~ ~¢__..p k ~ r ~f, I r~, Dale: I ~,~-~ J ~'? Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by thls board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Will there be a major change to any unique or unusual land form on the site? Will project alter or have a large effect on an existing body of water? Will project have a potentially large, impact on groundwater quality? Will project significantly effect drainage flow on adjacent sites? 3. 4. 5. 6. 7. 8. __Yes ~NO ___Yes ~No . Yes ~No ___Yes XNo ~Yes Will project affect any threatened or endangered plant or animal species? Yes ~ No Will project result in a major adverse effect on air quality? ____Yes .~No Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? ... Yes ~No 9. Will project adversely impact any site or struct- ute of historic, pre-historic, or paleontologicu~ importance or any site designated as a critical envircamental area by a local agency? ___Yes ~No 10. Will project have a major effect on existing or future recreational opportunities? ___Yes ~No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? .___Yes ~No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or'electrical disturb- ance as a result of the project's operation? ~Yes ~No 13. Will project have any impact on public health or safety? ~Yes ~No 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 project? 14. 15. Preparer's Signature: Representing: ZBA ~/75 Date: ~Yes ~No ___.Yes FOR PARCEL o01o001 ~A.4 Meeting Date: Jan. 12, 1989 Appeal No. 3817 Members Absent, if any: Applicants: Doris K. Brown Relief requested and kocation: Locate accessory building in frontyard area Pvt. ROW off N/s Bergen Ave. Mattituck 112-1-17 Charles Serge James Gerard Joseph Grigonis Doyen Dinizio, Jr .Goehringer Sawicki Resolution made by: Seconded by: ( ) ( ) ( ) ( ) ( ( ) ( ) ( ) ( ) ( ACTION: ( ) Approve as applied ( ) Deny as applied ( ) Deny without prejudice ( ) Deny ( ) Withdrawn ',¥ithout Prejudice as requested ( ) Approve with the following Conditions: [I] ( ) Subject to County Planning Referral ( )//Subject to Planning Board approval (I//) Subject to ~'~ ~~ [2] '[3] [4] ( ) (x) NOTES: [ ] This Variance is temporary for a maximum period Specia~ Exception criteria app~cof two years, EXCEPT Prior application conditions app~ical[ ] where the progosed subdivision has been finalized by all agencies and the parcels have been transferred by dee~-or other legal conveyance to reflect the subdivi- sion lines accordingly. [ ] a building permit has been properly issued and construction commenced within this limited two-year period. VOTE OF THE BOARD: Ayes: ( ) CG ( Nays: ( ) CG ( Abstain: ( ) CG Absent: ( ) CG ( ) SD ( ) RD ( ) GG ( ) JS ) SD ( ) RD ( ) GG ( ) JS ) SD ( ) RD ( ) GG ( ) 3S ) SD ( ) RD ( ) GG ( ) JS Resolution was passed: ( ) unanimously Resolution was not passed: ( ). This application was recessed until ) by majority vote Southold Town Board of Appeals ,. ~:'~'" "'," "/ MAIN ROAD-STATg' ROAO 2S SOUTHOLD, I_.1., N.Y. llgVl ...... TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI .JAMES DINIZIO, JR. 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 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 Half, Main Road, Southold, N.Y. 11971, on THURSDAY, JANUARY 12, 1989, at the following times: 7:32 p.m. Appl. No. 3809 STEPHEN AND DONNA GRZESIK. Variance to the Zon- ing Ordinance, Article III, Sec- tion 100-31. for perh'fission to construct addition to dwelling with an insufficient rearyard set-' back. Location of Property: 62215 (309) North Road, Green- port, N.Y.; County Tax Map Dis- trict 1000. Section 40. Block 1. Lot 3. 7:35 p.m. Appl. No. 3810- ANTHONY. AND :~ROSE- "S~,RY BOLLET[NO. Variance ting Ordinance, Atti- c. Section 100-32 for per- mE.,ion to locate accessory ten- his court, swimming pool, and fence enclosure{s) in the h'ont- yard area. Location of Proper- ty: North Side (#167t)5) Main Road. East Marion. N.Y.; Coun- ty Tax Map District 1000, Sec- non 23, Block 1, Lot 14.fl.~_ ~8 p.ra. Appl. No. 3817'~ [)O.RIS K. BROWN. Variance! mlhe Zonin80rdinm~e, Am- ~ - cie ill Section IOO-32 for per- missiOn to locate accessory L4building in the front yard area., Location of Property: Private Right-of-Way located off thc north side of Bergen Avenue, Mattituck, '. N.Y.; Gounty TaxI Map District 1000, Section 112, k I, Lot 17. 3 p.m. Appl. No. 3816-- L-'~ --: _: THERESA P2_toA~nsu~ffj:.~_ie. nt fr~oBtvard selback_ ¢ u construc~ wholesa e storage ' building for plumbing business use. 8:25 p.m. Appl. No.' 3810- WILLIAM j. BAXTER, JR. Special Exception to the Zoning Ordinance, Article Xlil, Seclion 100-80B for permission to utilize existing building and premises tbr assembly and manufacture of classic cars in this "C-Light Industrial" Zone District. Loca- tion of Property: North Side Main Road and West Side Eli- jah's Lane, Mattituck, N.Y.; Pro- posed Lot No. I as shown on Map dated October 12, 1988; County Tax Map District 1000, Section 108, Block 4, Lot 10. 8:30 p.m. Appl. No. 3797-- FISHERS ISLAND UTILITY COMPANY, INC. Variances to the Zoning Ordinance, Article III, Scclion 100-31. fo,'anr~ COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patpicia Wood, being~ duly sworn, says that she is the Editor, of THE LONG ~SLAND TRAVELER-WATCHMAN, a public newspaper prifited 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 ........... ;5~-..~. ...... day of...~'.~..?..~:~. ~. ..... ,19 .~..~.. (~--'"'~ Sworn to before me this .......... ./'.z)..~. ...... day of ......~'~ ...... , 19. ~?. Notary Public Legal Notices NOTICE.~F~I~ARINGS 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 HaH, Main Road, Southold, NY 11971, on THURSDAY, JANUARY 12, 1989, at the following times: 7:32 p.m. AppL 'No. 3809 STEPHEN AND DONNA GRZESIK. Variance to the Zoning Ordinance, Article m, Section 100-31,. for permission to construct addition to dwelling with an insufficient rear- yard setback. Location of Prop- erty: 62215 (309) North Road, Greenport, NY; County Tax Map District 1000, Section 40, Block I, Lot3. 7:35 p.m. Appl. No. 3810 -- ANTHONY AND ROSEMARY BOLLETINO. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory tennis court, swirmningpool, and fence enclo- sure(s) in the frontyard ama. Loca- tion of Property: North Side (#16705) Main Road, East Marion, NY; County Tax Map District lO00, Section 23, Block l, Lot , p.m. AppL No. DORIS K. BROWN. Variance the Zoning Ordinance, Article II~ Section 100-32 for permission to locate accessory building in the frontyard area. Location of Prop- erty: Private Right-of-Way located off the north side of Bergen Av- enue, Mattituck, NY; County Tax Map District 1000, Section 112, · ~p.m. AppL N~. 3816 ~ILLIAM AND THERESA PARK. Variance to the Zoning Ordinance, Article IH, Section 100-32, for approval of addition to accessory building with insufficient setbacks from property lines. Location of Property: Westerly Side of Bennett Lane and the South Side of Pine Neck Road, Southold, NY; County Tax Map District 1000, Section 70, Block 9, Lot 1. 7:48 p.m. Appl. No. 3820 --' Variance to the Zoning Ordinance, Article IH, Section 100-31, for permission to coustmct addition at rear of existing dweBing with an insufficient rearyard setback. Location of Property: East Side of Osprey Nest Road, Greenport, NY; County Tax Map District 1000, Section 35, Block 6, Lot 33. 7:53 p.m. AppL No. 3802 -- HOWARD LUCAS/ALICE HUSSIE. lish car deale--~p (and sign) in this B-I Get.. Business Zone District Loca'tion of Property: West Side of Horton's Lane, Southold, NY; County Tax Map District 1000, Section 59, Block 3, Lot 32.1. 8:00 p.m. Appl. No. 3912 -- PETER AND JAN'ICE STEIL. Vari- ance to thc Zoning Ordinao. ce, Ar- ticle IH, Section 100-32 for per- mission to locate accessory swimmingpool in the frontyard area. Location of Property: East End Road, Fishers Island, NY; County Tax Map District 1000, Section 5, Block 2, Lot 7.4. 8:03 p.m. AppL No. 3815 -- ALFRED FALKOWSKL Variance to the Zoning Ordinance, Article IX, Secfiou 100-93, Bulk Schedule, for permission to locate new principal building in this C-1 General industrial Zone District with an insufficient fmntyard setback. Lo- cation of Property: 8595 Cox Lane and South Side of Oregon Road, Cntchogue, NY; County Tax Map District 1000, Section 83, Block 3, Lot 4.6. 8:05 p.m. Appl. No. 3814 -- RYCK KOKE. V~riance to the Zoning Ordinance, Article HI, Section 100-32 for approval of accessory swimming pool with fence enclosure in the sideyard area. Location of Property: 245 Kimberly Lane, Southold, NY; Paradise By the Bay Subdivision Lot No. 2; County Tax Map District 1000, Section 70, Block 13, Lot 20.2. · '8:lO~p,h~] AppI, No. 3806 ~ DORIS PR.ICE MOELLER FOSTER. Variance to the Zoning Ordinance, Article IH, Section 100-31 for ap- proval of insufficient lot width (frontage) of proposed Parcel No. I in this pending Minor Subdivi- sion. Location of Property: West Side of Little Neck Road, Cntchogue, NY; County Tax Map District 1000, Section 103, Block 9, Lot 13. 8:15 p.m. JOSEPH AND BETTY HARDY. Location of Property: South Side of Main Road, Matti- tuck, NY; County Tax Map District 1000, Section 114, Block 11, LOt 5: (a) Appl. No. 3747 -- Special Exception to the Zoning Ordi- nance, Article VIH, Section 100- 80B, for permission to construct wholesale storage building, acces- sory to plumbing use; and (b) AppL No. 3746 -- Variance to the Zoning Ordinance, Bulk Schedule, Article VFfI, Section 100-81, for permission to con- street wholesale storage building for plumbing business use. 8:25 p.m. Appl. No. 3810 ~ WILLIAM L BAXTER, JR. Special Exception to the Zoning Ordi- nance, Article XIH, Section 100- Special Exception to the Zoning ~0B for permissiou to utilize ~~.~*~0~ .. jSK~ ~)J~fldin~L ~d premises for IO0-70B for permission to estab:" ~' assembly arid' ~a~a~r~'~t";~i;~'. sic cars in this "C-Light Ir' - thai" Zone District. Locatic f Property: North Side Main Road and West Side Blijah's Lane, Mattituck, NY; Proposed Lot No. ~} 1 as shown on Map dated October ~ SS.' 12, 1988; County Tax Map' District 1000, Section 108, Block ~} 4, Lot 10. 8:30 p.m. Appl. No. 3797 ~ FISHERS ISLAND UTH..ITY COM- PANY, INC. Variances to the Zoning Ordinance, Article III, Section 100-31, for approval of insufficient area of two proposed parcels in this pending division of land. Location of Property: West Side of Crescent Avenue and North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.4. The Board of Appeals will at said time and place hear any and aH persons or representatives de- siring 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. For more infor- matiou, please call 765-1809. Dated: January 3, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ~ ontento of Mattituck, in ,ly Sworn, says that he/she is Principal LK TIMES, a Weekly Newspaper, in the Town of South°Id, County of ~w York, and that the Notice of,, which copy, has been regularly published in e each week for ~ weeks ncing on the 5 _ day of 89 F ,,, ..~ Principal Clerk BOARD OF APPEALS, TOWN OF SOUTHOI~D : In the MaJ~ter oT the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE~. ~ TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~,~ariance_~(Special Exception) (Special Permit) (Other) [c±rcle cho±ce] 2. That the property which is the subject of the, Peti.tion is located afljacent to yqur, property and is des- cribedasfollows:l..4 Q L4.,~(~ £,L-/, LL.)~'~C~) ~/'~ / ~o"t' 3. That the property which is the subject of such Petition is located in the following zoning district: / f3 ! ! - i - i '7 That by such Petition, the undersig,ned will request the f/ellowing relief: 5. That the provisio~ns of the Southold Town Zoning Code~p£1icable to the relief sought by the under- signedare Article 3 /~O~ ~ [ ~ Section 280-A, New Yo~k Town Law fo~ ~pp~ova] of access ove~ 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. (5~6) ~65-~809. ' 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Owners 'Names: t Office ~ddr~s Tel. No. ( [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 608 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Revdrse) ~;tr et nd~o PO]S~at.e and ZIp Cod~ ,~ ! '~ost~g~ Speoal Delivery Fee Restricted Dehvery Fee Relurn Receipt showing to whom and Date Delivered ~eturn Receipt ~g to whom Date` and ~ery TOTAL~ta~X P 808 q55 327 RECEIPT Fnn ~aTIFIED MAIL NO iNSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Postage S~ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing t~m. Oale, and Address Of TOTAL Postage and ~f~, ~ P 808 955 329 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTEf(f~i~/~IL (See Reverse) -, . x PR. State and ZIP C~d~ Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and D~d Date, and~dd~&f¢l~r Y STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: nLA L\~T~--- ., being duly s~;°rn, deposes aia~l says that on the ¢'~'~ day Of-(~'"~L[ ~-~=r-~ '~e-4'w~'k~-~r'il , ] 9 ~ ~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereOf, directed to each of the above-named persons at the addresses set opposite their respective said persons the addresses of said persons as shown on names; that the addresses set opposite the names of are the current assessment roll of the Town of Southold; that said NRtices were mailed at the United States Post Of- ficej[ ~/~o-"~ ~'vL~C ;that saidtltices were mailed.to each of said persons by Sworn to.before me this ~.~f4:~ ~~'~ '"~r 7-~"L"~/vu F day of .~ye_.,oe_4~ ~ ,19 NotarvPublic LINDA J. COOPER Notary Public, State of New Yorkrj-/ No. 4822563, Suffolk County Term Expires December 31, 19~ (This side does not have to be completed on form transmitted to adjoining property owners.)