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HomeMy WebLinkAbout3490 Southold Town Boa_r.d of peals MAIN ROAD- STATE: ROA~III~~I,, N.Y. 11cj'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3490 Application Dated March 31, 1986 (Public Hearing 5/l/86) TO: Mr. and Mrs. Harry O. Hurlburt 7014 Sheaff Lane Ft. Washington, PA 19034 [Appellant(s)] P.O. Box 98, Fishers Island, NY 06390 At a Meeting of the Zoning Board of Appeals held on May 28, 1986, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III , Section 100-32 [ ] Request for Application of HARRY AND SANDRA HURLBURT for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory storage shed in the frontyard area. Location of Property: Private Road, Fishers Island, NY; bounded north by Walker, west by Spofford, south by Private Road, east by Private Road and Sorenson; County Tax Map Parcel No. 1000-3-2-10. WHEREAS, a public hearing was held and concluded on May l, 1986 in the Matter of the Application of HARRY AND SANDRA HURLBURT under Appeal No. 3490; and WHEREAS, the board familiar with the premises surrounding areas; and members have personally viewed and are in question, its present zoning, and the WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded and transcribed; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. The premises in question is located along the northerly side of "Private Road," at Fishers Island, and is identified on the Suffolk County Tax Maps as District 1000, Section 3, Block 2, Lot 10. Bounded on the north is S. Walker, on the east, Sorenson, and on the west M. Spoffard. 2. The subject premises consists of a total area of 1.8± acres, and is a corner lot as defined by Section 100-13 of the Zoning Code. Existing upon the premises is a single-family dwelling constructed October 8, 1969 under Permit #4497, which is shown on sketch submitted with this application to be set back 100± feet from the easterly (front) property line and 240± feet from the southerly (front) property line. (CONTINUED ON PAGE TWO) DATED: June 5, 1986. CHAIRMAN, SOUTHOLD TOW~N OF APPEALS Form ZB4 (rev. 12/81) ZONING BOARD Page 2 - Appeal No. 3490 Matter of HARRY AND SANDRA HURLBURT Decision Rendered May 28, 1986 3. By this application, appellant requests permission to locate a lO' by 20' proposed garden/storage shed in the frontyard area in excess of lO0 from the road and with a setback from the westerly property line of approximately 20 feet. 4. Due to the topography of the rear yard areas, the most feasible area to place the accessory shed is as requested by the applicants. 5. For the record, it is noted that a prior application under Appeal No. 2735 was conditionally granted for the use and construction of an accessory building in the frontyard area for additional sleeping quarters on October 16, 1980. To date, this accessory building has not been constructed and no building permit has been issued. In considering this appeal, the board finds and determines that the relief be granted as requested since: (a) the topography of the rearyard area lends to the practical difficulties in this case; (b) the circumstances are unique; (c) the practical diffi- culties are sufficient to warrant a granting of same; (d) there will be no substantial change in the character of the district; (e) the relief as granted is not substantial; (f) the circum- stances are not shared by other properties generally existing in the neighborhood; (g) in consideration of all the above factors, the interests of justice will best be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to grant the relief requested under Appeal No. 3490 in the Matter of the Application of HARRY AND SANDRA HURLBURT for permission to locate lO' by 20' accessory garden/storage shed in the frontyard area as applied and SUBJECT TO THE FOLLOWING CONDI- TIONS: 1. Any increase of size to more than the requested 10' by 20' will require additional application and review by this Board; 2. The subject accessory building be used only for storage purposes incidential to the residential use of the premises and not to be operated for gain or business purposes. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. lk June 5, 1986 t ECEIVED AND FILED BY Town__Clerk, Town of Southo;d 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 public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting c~mmencing at 7:30 p.m. on THURSDAY, MAY 1,"1'986~ and as follows: 7:35 p.m. Appeal No. 3399 ~ C.' BRUCE AND ANNE STAIGER. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule~ for approval of two parcels having insufficient lot area~ width and depth and as described in Deeds at Libers 3362 cp 53, and 5676 ~ 213, located at the east side of Wells Road, Peconic, NY; County Tax Map Parcels No. 1000-86-2-4 and 5. 7:40 p~m'. Appeal No. 3396 ~ GARY DOROSKI for a Variance to the Zoning Ordinance~ Anticle XI,~ Section lO0,tl9.2(B) to locate pool within 75 feet of wetlands. 425 Monsell Lane, Cutchogue. (Recessed from 4]3/86) 7:45 p.m. Appeal No. 3479 ~ JOHN P. 'SGOUROS for a Variance to the Zoning Ordinance~ Arti.cleP It~ Section 100-31, bulk Schedule for approval of two parcels known as Subdivision Lots #22 and #23, ~Stars Ma6or~ Subdivision Map No. 3864, approved by the Planning Board 9-19-1963, havi~ng insufficient area, width and depth, :located along the West S-ide~ of Stars Road, East Marion, NY~ County Tax Map Parcels No. 1000-22-2-20 and 21. 7:50 p.m. Appeal No. 3480 ~ VINCENT AND JOANN CASA for a Variance to the Zoning Ordinance, Article XI~ .Section 100-119.2(A) for permission to locate swimmingpool with deck and fence enclosure within lO0~feet of bluff along the Long Island Sound, premises known as 1840 The Strand, Pebble Beach Farms Inc. Subdivision Map #2, Lot #ll5~ East Marion, NY; County Tax Map Parcels No~ 1000-30-2-58. 7:55 p.m. Appeal No. 3486 ~ ROBERT JOHNSEN for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insufficient lot area of proposed Parcel #4 in this ~end~ng four-lot minor subdivision located along the sou~h side of Sound View Avenue, Southold; County Tax Map Parcels No~ 1000-68-4-2 and 3. Page 2 Notice of Hearings Regular Meeting of May l, 1986 So~thold Town ~oard of Appeals 8:00 p.m. Appeal No. 3490 - HARRY AND SANDRA HURLBURT for a Variance to the Zonin9 Ordinance, Article III, Section 100J32 for permission to locate accessory storage shed in frontyard area. Location of property: Private Road~ Fishers Island, NY; bounded north by Walker, west by Spofford, south by Private Road, east by Private Roa'd and Sorenson;. County Tax Map Pa-rcel kx._~o. 1000-3-2-t0. ~ 8:05 p.m~ Appeal No~ 3468 - ROBERT J. LONG for a Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of parcel in.this proposed set-off division of land having insufficient area and depth, located along hte North Side of Main ~oad, East Marion, NY; County Tax Map Parcel No. 1000-31-4-15, containing 11.912 acres. 8:10 p.m. Appeal No. 347] - NICHOLAS TSIRKAS (Recessed from 4/3786). 8:20 p.m. Appeal No~ 3489 PAUL LEARY for a reversal of decision of building inspector for a- nullification of actions by the Building D6pa~tment :o~issue a modified Permit and Demoli- tion Oermit, and that the propersy owners be left to regular procedures of law ~n making aoolication for a Demolition Per~it and for a Construction Permit on proper plans, to be allowed only after review by the Board of Appeals, and in accordance with all other provisions of law. N~me]of;Owners and Location of Property in Question: ' FRANK AND MARY BROPHY, 75 Second Street, New Suffolk, NY; County Tax M~p. Parcel No. 1000-117-10-2~.7. The Board of Appeals will hear at said time and place all persons or representatives des.iring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the hearing in question. For more information, please call 765-1809 (alt. 1802). Dated: April 3, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN ATTENTION NEWSPAPERS: Please pub]'isb Thursday, April 24, 1986 and forward two Bff~dav~ts of publicat%on on or ~e~l--2l~th to: Board of Appeals, Main Road~,. Southold~ NY 11971. FORM NO. 3= TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ...~.....-~2r5~... ~..~.~1. ....... 19 .~. ~.. forpe itto ...... at LocationofProperty... _Fo~o'r ~-.~a ~.c~ ..~..~..~.~..0~4.~. ........... House No. Street Ham/et County Tax Map No. 1000 Section ....Q~..~ ...... Block: ....~.. ~ ...... Lot .. J..~ ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds. (~...~../..~...~..~. ! ~.~. ~ Building inspec%or RV 1/80 TOWN OF SOUTHOLD, NEW YORK FROM DECISION OF BUILDING iNSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN'OF SOUTHOLD, N. Y. APPEAL NO. '~ DATE ... g.3~.8.,/~///~ .......... 1, (We) .................................................................. of ............................................................................ Name of Appellc~r~t Street and Number Pi shere xsiand N~ ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ~..:.°..~.?.x....% .8.,....~. s...¢.. ~A. ~:.~.a.A,.. ~%~A~.. ~,.~.z,~. ~¢,.. ~...~.0~ ............................ Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY (x) Bm~dLug Per~ 1'. LOCATION OF THE PROPERTY }A~s~ ~,8 Read Street Use District on Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sect[on and Paragraph of the Zoning Ordinance by number Do not quote the Ordi.nance.) ~ Ar%ici~ Ill 8ec~io~ !00-32 3: TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 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 280A Subsection 3 X) A Variance to the Zoning Ordinance ~s requested for the reason that Permissle~ ~o oons~ruc~ a garden ~h,~d i~ ~he £rem~ ~ard. l~lorm Z]~l (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because L~e ~a~re of the prope~t~ ~nd ~he loca%ion ef ~h~ dri~e'~ay makes the proposed location {fron~ Y~rd) ideal for ~ g~r~en s~or~s ~uildi~g. ~eed~i~g ~f 2. The hardshio created is UNIQUE and is not shared by al{ properties alike in the immediate vicinity of this property and in this use district because ~e ~epo~raph~ ef %hi~ le~ m~ke~ it i~pra$~ica~. ¢o !eca~e a s~rmo~u~ in rear yard becmuse s~bs~a%ial drop in land and dezig~/toca~ion of hou~ 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE CHARACTER OF THE DISTRICT because ~e pr~pese~ l~ca~i~n is wooded and ~he garden shed will ~l~nd im~e ~he m~i s~r~umd~gs, A~ will n~ ~e se~ fr~ a~j~g ?'~p~gi~s ~r THE STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS Sworn to this ................. .2...5.~..h. .................... day of ................ M~.~.h. ............................ 19 86 OWNER FOR~VfER OWNER LAND [~_ IMP. AGE NEW NORMAL Farm Acre Tillable 1 Tillable 2 ' Tillable 3 Swampland Brushland House Plot STREET S Dt OP RTY VILLAGE N VL FARM COMM. DATE REMARKS /70 TOTAL DISTRICT SUB. LOT TYPE OF BUILDING CB. ~ /MISC. BUILDING CONDITION BELOW ABOVE Value Per Acre Value Tota I ! M. Bldg. Fz~tension Extension E~tension Garage Foundation Basement Ext, Walls Fire Place Patio Driveway Porch Porch Bath Floors Interior Finish HeoJt Attic Rooms 1st Floor , Rooms 2nd Floor Town of Southold Board of Appeals COUNTY OF' SUFFOLK Department of Planning 360-5206 June 18, 1986 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the followtn$ application(s) which have been referred to the Suffolk Cotmty Planntn$ Con-,isston are considered to be a matter for local determina- tion. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) M~icip~l File N,~ber(s) Mr. & Mrs. Ralph Stocker /~obert & Charlotte Wissman r. & Mrs. Harry O. Hurlburt 3457 3476 3490 Very truly yours, Lee E. Koppelman Director of Planning ChieE Plan~er Southold Town Board of Appeals MAIN ROAD-5TAT£ ROAD 25 SOUTHOLD, L.I., N.Y. 11¢J71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWICKI 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, Article III , Section 100-32 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3490 Applicant: Mr. amd Mrs. Harry O. Hurlburt Location of Affected Land: Private Rd., Fishers Island, N.Y. County Tax Map Item No.: 1000-3-2-10 Within 500 feet of: Town or Village Boundary Line --XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Owned by the Lines, Within Within Proposed Right-of Way of Any Stream or Drainage Channel County or for Which The County Has Established Channel One Mile of a Nuclear Power Plant One Mile of An Airport. COMMENTS: Applicant is requesting permission to locate accessory storage shed in the frontyard area. Copies of Town file and Dated: June 13~ 1986 related documents enclosed for your review. Secre%ary, Board of Appeals Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. APPEALS BOARD MEMBERS TELEPHONE (516) 765-1809 May l, 1986 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. $ oE. Q o RoA. SERGE DOYEN, JR. ROBERT 3. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3490 PROJECT NAME: HkRRY AND SANDRA HURLBURT 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: [ ] Type II IX] Unlisted [ ] DESCRIPTION OF ACTION: Variance for permission to locate accessory storage shed in frontyard area. LOCATION OF PROJECT- Town of Southold Countv of Suffolk,' more particularly known as:Private Road, Fishers Island, N.Y. 1000-3-2-10. 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) The location of the proposed accessory bUilding is landward of existing structures and is at an elevation of more than 10' above mean sea level. 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. lk Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE OOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI June 5, 1986 Mr. and Mrs. Harry O. Hurlburt 7014 Sheaff Lane Ft. Washington, PA 19034 Re: Appeal No. 3490 (Variance) Dear Sir o~ Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may b~ applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda F. Kowalski Copy of Decision to Secretary Building Department Suffolk County'Planning Commission Copy to Fishers Island Address Also Page 3 (Regular Meet of May l, 1986) Copies of the Notice of Hearings to the following 4/15/86: Mr. and Mrs. C. Bruce Staiger, Box 348, Southold, NY 11971 Mr. Gary Doroski, 425 Monsell Lane, Cutchogue, NY 11935 Mr. John P. Sgouros, 85-15 Kendrick Place~ Jamaica, NY 11432 Mr. Arthur Siemerling, Box 108, Mattituck, NY 11952 for CASA Mr. and Mrs. Vincent J. Casa~ The Strand, East Marion, NY 11939 Mr. Robert Johnsen, 4300 Soundview Avenue, Southold, NY 11971 Mr. and Mrs. Harry Hurlburt~ Box 98, Fishers Island, NY 06390 Mr. and Mrs. Harry Hurlburt, 7014 Sheaff Lane, Fort Washington, Frederick M. Reuss, Jr., Esq., 230 Hilton Avenue, Suite 103, Hempstead, NY 11550-8116 for PAUL LEARY Mrs. Susan Long, Box 46, East Marion, NY 11939 Howard E. Pachman, Esq. for TSIRKAS and BROPHY Rudolph H. Bruer, Esq. for TSIRKAS and BROPHY Z.B.A. Members Building Inspector-Executive Adm. V. Lessard Town Clerk Bulletin Board Z.B.A. Bulletin Board (in office) Planning Board Office PA 19034 7014 Sheaff Lane Ft. Washington, PA 19034 April 21, 1986 Town of Southold Board of Appeals Main Road Southold, Long Island, NY 11971 Re: Appeal from Decision of Building Inspector Gentlemen: Reference is made to my appeal 26, 1986, regarding permission property at Fisher's Island. submitted via letter dated March to erect a garden shed on my Please find enclosed a copy of the Certificate of Occupancy applicable to my Fisher's Island property, as well as a revised plot plan which includes the 165 feet from the road to the location of the proposed shed as well as the 21 foot side yard setback. I trust that this information will complete the paperwork required for consideration of the appeal at scheduled meeting on May 1. necessary the next In the event that there are any questions or clarifications required, please contact me at my office at 215-296-6296. Very Truly Yours, /~ ~./~outhol d Town Board f Appeals -29- July 18, 1985 Regular Meeting · PENDING COMPLIANCE: Appeal No. 3184 PETER AND PATRICIA LENZ. ~The board members reviewed the recent update on this matter, and---- the Chairman advised the board of his past and recent discussions with the Town Attorney. The Board agreed that Mr. Lenz should be sent a letter asking his immediate attention on the pending variances, or the board would consider to initiate a proceeding to revoke the area and 280-a variances granted. . PENDING VARIANCE CONDITIONS: Appeal No. 2735 - ~ARRY O. L .HURBU'RT, JR. Conditional variance granted October 16, 1980. .Member Doyen advised th? board that'in checkin wi . recently, Mr. Hurlb r . ' ' g th Mr Hurlburt u t ~ndlcated that the accessor bull ' not ~onstructed. One of th~ ~:~J, ......... Y d~ng was applicant apply each .... ~-~ ~ ~unul~ons is that the ~ ~_~, . ~ ~:o, .ur ~nnua/ renewal, and since the~ 'uu, molng nas not been constructed, and annual renewal not ' 'requested, the variance at this time is fruitless. RENEWAL OF SPECIAL EXCEPTION ANNUAL PERMITS: On moti by Mr. G~igonis, seconded by Mr~-~-~a--~--- on RESOLVE, to approve the folloWing Special Exception off-premises sign renewals for a period of ONE-YEAR from the date hereof and subject to the Federal High~ay---B~tification Act and Funding Laws for Highways, if applicable:. (continued on page 30 and 31) -2- Septembe 5, 1980 Southold Town Bo( Appeals On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to approve the Minutes of the Special Meeting held August 27, 1980. Vote of the Board: Ayes: lass, Goehringer and Sawicki. Messrs. Grigonis, Doyen, Doug- On motion by Mr. Grigonis, seconded by Mr. Goehringer, it WaS RESOLVED, to approve the Minutes of the Special Meeting held September 12, 1980. Vote of the Board: Ayes: lass, Goehringer and Sawicki. Messrs. Grigonis, Doyen, Doug- The Chairman welcomed the new member, Joseph H. Sawicki. PUBLIC HEARING: Appeal No. 2735. Application of Harry O. Hurlburt, Jr., 7014 Sheaff Lane, Ft. Washington, PA 19034, for a Variance to the Zoning Ordinance, Article III, Section: (a) 100-30 for permission to establish accessory building for guest use and play area use, and (b) 100-32 for permission to construct accessory building in the frontyard area. Location of property: Private Road, Fishers Island, NY; bounded north by Walker, west by Spofford, south by Private Road, east by Pri- vate Road and Sorenson. County Tax Map Item No. 1000-3-2-10. The Chairman opened the hearing at 7:35 p.m. by reading the appeal application, legal notice of hearing and affidavits attesting to its publication in the local and official news- papers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property o~ners was made; fee paid $15.00. MR. CHAIRMAN: We have a section of the County Tax Map and survey showing the property with existing and proposed building. I understand Mr. Hurlburt you came all the way from Pennsylvania today, and you expect to go back. MR. HURLBURT: That's right. MR. CHAIRMAN: Do you have anything that you would like to add to what you've stated so far? Southold Town Board of Appeals -3- September 25, 1980 MR. HURLBURT: Well, I think that I generally stated in the application my feelings about it. However, the fact is that the location of the proposed structure would disrupt the area at least of any proposal we could make for the property because it is located in an area which you will not see it from the road or will any of the neighbors see it, nor will it be visible from the main house, because there is a slight dip down from the house towards the road; and the height of the structure will fit in there. I propose to use native cedar construction which would blend in with the surroundings, and I think it's in keep- ing with the type of structures you find in that particular area. There really is no other practical way to add to the house. A direct addition would not be aesthetically pleasing with the type of house that I have there, and from a standpoint of sideyards for neighbor disruption I think it would be a detriment to go in any other direction than what we're proposing. MR. CHAIRMAN: Thank you. MEMBER DOYEN: The Board has inspected this. MR. CHAIRMAN: Yes, we were there. We have to agree with you on quite a bit. That's a nice view you have out there. MR. HURLBURT: Thank you. Yes, we moved the house all the way forward to capture it. MR. CHAIRMAN: I don't know. I had almost wished I missed the boat that day and stayed there. Is there anyone else to speak in favor of this? Anyone to speak against this? Any of the members of the Board have questions they would like to ask Mr. Hurlburt? MEMBER DOYEN: The members of this Board met with the Planning Board on another matter and this became involved because we were made aware of deed restrictions on the end of the island where your property is located. Would you like to comment on the deed restrictions regarding your property? MR. HURLBURT: Well, I acquired the property from the County at a tax sale in 1969. However, there were certain deed restric- tions that traced back to the original purchaser of the land, an Annie Cooke, who bought it from the Fishers Island Corporation in 1931. However, the particular deed restrictions to which you refer is found in many of the deeds from the Fishers Island Corp- oration and limits the particular properties to one dwelling. However, in this particular deed that restriction does not appear. It was stricken, and was recorded on the deed-- I have been to Riverhead and researched it and I can give you the cita- tion in the book and the page. But the actual deed on file did not have that restriction. Liber 1612, Page 507. Southold Town Boa Appeals -4- September e5, 1980 MR. CHAIRMAN: Are there any other questions from any of the other members? (Negative) We're going to close the hear- ing and we will reserve decision; but before we do that, in the--oh, I wouldn't say restrictions--but the conditions we might impose if it were granted, something would be probably subject to a yearly inspection to see that a kitchen or some- thing like that hasn't been installed and made regular living quarters. MR. HURLBURT: That's no problem whatsoever. I have no intention of using it for that purpose. MR. CHAIRMAN: All right. If there are no further ques- tions, I'll close the hearing and offer a resolution. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to close the hearing and reserve decision in the matter of Harry O. Hurlburt, Jr., Appeal No. 2735. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Doug- lass, Goehringer and Sawicki. Chairman Grigonis appointed Member Goehringer as Chairman Pro Tem during the hearing of the matter of Curtis and Nancy Norklun. Members Grigonis and Douglass were absent during the hearing of Curtis and Nancy Norklun. PUBLIC HEARING: Appeal No. 2726. Application of Curtis and Nancy Norklun, 700 King Street, Orient, NY 11957, for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-32 for permission to convert part of existing barn.gor guest house/residential use. Location of property: 700 King Street, Orient, NY; bounded north by King Street, west by Bogden, south by Willow Terrace Farms, Inc. and Brenner, east by Brenner. County Tax Map Item No. 1000-26-2-37. The Chairman Pro Tem opened the hearing at 7:50 p.m. by reading the appeal application, legal notice of hearing and affidavits attesting to its publication in the local and official news- papers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. CHAIRMAN GOEHRtNGER: Is anybody here in favor of the application? Southold Town Board of Appeals -53- October )6, 1980 RESERVED DECISION: Appeal No. 27~ Application of Harry O. Hurlburt, Jr., 7014 Sheaff Lane, Ft. Washington, PA 19034, for a variance to the zoning ordinance, Article III, Sections: (a) 100-30 for permission to establish accessory building for guest use and play area use, and (b) 100-32 for permission to con- struct accessory building in the frontyard area. Location of property: Private Road, Fishers Island, NY; bounded north by Walker, west by Spofford, south by Private Road, east by Private Road and Sorenson. County Tax Map Item No. 1000-3-2-10. After investigation as follows: and personal inspection, the Board finds Appellant has appealed to this Board seeking a variance for permission to construct an accessory building in the frontyard area and to utilize said accessory building as additional sleeping quarters/guest house/play house. The premises in question is a parcel of land containing approxi- mately 1.808 acres with a one-family dwelling. Appellant proposes to construct the accessory building 226' south of the existing dwelling and 75' north of the 40' paved private road at Fishers Island. The Board finds and determines that the relief requested in relation to the Code requirements is not substantial; that if the variance is granted no detriment to adjoining proper- ties will be created; that no adverse effect or change will be produced in the character of the neighborhood; that the circumstances herein are unique; and that the spirit of the zoning ordinance will be observed. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that Harry O. Hurlburt~ Jr., 7014 Sheaff Lane, Ft. Washington, PA 19034 be granted a variance to the zoning ordinance, Article III, Sections 100-30 and 100-32 permitting the construction and utilization of an accessory building in the frontyard area for additional sleeping quarters/guest house/play area, as applied for and SUBJECT TO THE FOLLOWING CONDITIONS: (1) That not more than one bathroom is permitted to be installed in the subject barn; (2) That no kitchen facilities (including temporary and permanent cooking and plumbing) will be permitted; (3) leased; That the proposed building may never be rented or (4) That the Building Inspector make annual inspections each year without prior notice; Southold Town Board of Appeals -54- October 16, 1980 {5) That applicant must apply each year for annual renewal of the permission granted herein, not later than September 15th of each year. Location of property: Private Road, Fishers Island, NY; bounded north by Walker, west by Spofford, south by Private Road, east by Private Road and Sorenson; County Tax Map Item No. 1000-3-2-10. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. MATTER OF HERBERT W. WELLS, JR., APPEAL NO. 2709. Concerning the recent request of Mr. Herbert W. Wells, Jr., it is the decision of a majority of the members present not to re-consider the decision of this Board made August 14, 1980, and the Chairman was instructed to forward a letter to Mr. Wells advising him of same. MATTER OF DOLORES STRONG, APPEAL NO. 2710. Upon reviewing the conditions of the subject appeal, it has been noted that the mathematics in Condition No. 2 do not coincide with Condition No. 7, and the following resolution was adopted to correct same: On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, in the matter of Dolores Strong, Appeal NoJ 2710, and Decision of this Board made September 25, 1980 and filed October 9, 1980, that Condition No. 2 be revised as follows to reflect the correct mathematics and coincide with Condition No. 7: (2) That display of boats and related marine items be permitted only within five feet from the southerly property line for a length not exceeding the length of the stucco building plus eight feet at the east side) for a total of approximately 58 feet long. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, and Sawicki. Abstained was: Mr. Goehringer. NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Soutbold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Sonihold, NY at a Regular Meet- ing commencing at 7:30 p.m. on THURSDAY, MAY 1,1986, and as follows: 7:35 p.m. Appeal No. 3399 - C. BRUCE AND ANNE STAIGER. Variance to the Zon- lng Ordinance. Article HI, Sec- tion 100-31, Bulk Schedule, for approval of two parcels having insufficient lot area, width and depth and as described in Deeds at Libors 3362 cp 53, and 5676 cp 213, located at the east side of Wells Road, Peconic, NY, County Tax Map Parcels No. 1000-86-2-4 and 5. 7:40 p.m. Appeals No. 3396 -- GARY DOROSKI for a Vari-. ance to the Zoning Ordinance, Article XI, Section 100-119.2(B) to locate pool within 75 feet of wetlands. 425 Monsell Lane, Cutchogue. (Recessed from 4/3/ 86). 7:45 p.m. ~(ppeal No. 3479 JOHN P. SC-OUROS for a Vari ance to the Zoning Ordinance, Article IH, Section 100-31, bulk Schedule for approval of two par- cels known as Subdivision Lots #22 and #23, "Stars Manor" Subdivision Map No. 3864, proved bY the Planning Board 9- 19-1963, having insufficient area, width and depth, located along the West Side of Stars Road, East Marion, NY; County T~x Map parcols No. 1000-22-2- 20 and 21. 7:50 p.m. Appeal No. 3480 -- VINCENT AND JOANN CASA for a Variance to the ZOn- lng Ordinance, Article XI, Sec- tion 109.119.2(A) for permission to locate swimmingpeol with deck and fence enclosure within 100 feet of bluff along the Long Island Sound, premises known as 1840 The Strand, Pebble Beach Farms Inc. SubdiVision MapTt2, Lot #115, East Marion, NY, County Tax Map Parcels No. 1000-30-2-58. 7:55 p.m. Appeal No. 3486 - ROBERT JOHNSEN for a Variance to the Zoning Ordi- nance, Article III, Section 100. 31, Bulk Schedule for approval of insufficient lot area of prop- osed Parcel #4 in this pending four-lot minor sudivision located along the south side of Sound View Avenue, Southold; County Tax Map Parcels No. 1000-68"i-2 /~nd 3. 8:00 p.m. Appeal No. 3490 -- HARRY AND SANDRA HURLBURT for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory storage shed l in frontyard area. Location of Property: Private Road, Fishers Island, NY; bounded north by Walker, west by Spefford, south by Private Road, east by Private Road and Sorenson; County Tax ~ Map Parcel No. 1000-3-2-10. b:05 p.m. Appeal No. 3494 PORT OF EGYPT ENTER- PRISES for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate marine fuel storage tank structures in this "C-Light" Industrial Zoning District with an insufficient setback from landward edge of tidal wetland and from ordinary highwater mark, at 6230 Main Road, South- old, NY; County Tax Map Parcel No. 1000-56-6-3.2, 3.3, 4, 6, 6.1. 8:10 p.m. Appeal No. 3468 ROBERT ~ a Vari- Article III, Section 100-3l, Bulk Schedq~l~for approval of parcel in th~posed set-off division of lan~ving insufficient area and depth, located along the North Side of Main Road, Ea~ Marion, NY; County Tax Map Parcel No. 1000-31-4-15, con- taining 11,912 acres. 8:15 p.m. Appeal No. 3471 - NICHOLAS TSIRKAS (Reces- sed from 4/3/86l. 8:20 p.m.: Appeal NoJ~9 -- PAUL LEARY for a reversal of decision of the building inspector for a nullification of actions by the Building Departmeu~ to issue a modified Permit ant~'De- molotion permit, and that the property owners be left to regular procedures of law, to be allowed only after review by the Board of Appeals and in accordance with all other previsions of law. Name of Owners and Location of Prop- erty in Question: FRANK E. AND MARY BROPHY, 75 SOc- ond Street, New Suffolk, NY; County Tsx Map Parcel No. 1000-117-10-20.7, The Board of Appeals will hear at said time and place all persons or representatives desir- lng to be heard in each of the above matters. Written ~om- ments may also be submitted prior to the conclusion of the hearing in question. For more in- formation, please call 765-1809 (alt. 1802). Dated: April 3, 1986. By ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1TA24-5224 STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Ho?~her Cus~-ck of Greenport, in said County, being duly sworn, says that he/she ia Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greanport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed a printed copy, has been regularly published in said Newspaper once each week for on~ weeks successively, commencing on the 24 dayof April 19 86 Principal Clerk Sworn to befo~ me t~is day of NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF AP- PEALS at the Sonthold Town Hall, Main Road, Southold, NY at a Regular Meeting com- mencing at 7:30 p.m. on THURSDAY, MAY 1, 1986, and as follows: 7:35 p.m. Appeal No. 3399 - C. BRUCE AND ANNE STAIGER. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of two parcels hav- ing insufficient lot area, width and depth and as described in Deeds at Libers 3362 cp 53, and 5676 cp 213, located at the east side of Wells Road, Peconic, NY, County Tax Map Parcels No. 1000-86-2-4 and 5. 7:40 p.m. Appeal No. 3396 - GARY DOROSK1 for a Variance to the Zoning Or- dinance, Article X1, Section 100-119.2(fl) to locate pool- within 75 feet of wetlands. 425 Monsell Lane, Cutchogue. (Recesed from 4/3/86) . 7:45 p.m. Appeal No. 3479 - JOHN P. SGOUROS for a Variance to the Zoning Or- dinance, Article III, Section 100-31, bulk Schedule for ap- proval of two parcels known as- Subdivision Lots no. 22 and no. 23, "Stars Manor" Subdivision Map No. 3864, approved by the Planning Board 9-19-1963, hav- ing insufficient area, width and depth, located along the West Side of Stars Road, East Marion, NY; County Tax Map Parcels No. 1000-22-2-20 and 21. 7:50 p.m. Appeal No. 3480 - VINCENT AND JOAN~N CASA for a Variance to the Zoning Ordinance, Article XI, Section 100-19.2(A) for permis: sion to locate swimmingpool with deck and fence enclosure within 100 feet of bluff along the Long Island Sound, premises known as 1840 The Strand, Pebble Beach Farms /nc. Subdivision Map no. 2, Lot no. 115, East Marion, NY; County Tax Map Parcels No. 1000-30-2-58. 7:55 p.m. Appeal No. 3486 - ROBERT JOHNSEN for a Variance to the Zoning Or- dinance, Article III, Section 100-31, Bulk Schedule for ap- proval of insufficient lot area of proposed Parcel no: 4 in this pending four-lot minor subdivi- sion located along .the south side of Sound View Avenue, Southold; County Tax Map Parcels No. 100-68-4-2 and f 8:00p.m. AppealNo. 3490 - HARRY AND SANDRA H. URLBURT for a Variance to the Zoning Ordinance, Article 1!1, Section 100-32 for permis- sion to locate accessory storage s~led in front yard area. Loca.L tlon of Property: Private Road, Fishers Island, NY; bounded north by Walker, west by Spof- ford, south by Private Road, east by Private Road and Soren- son; County Tax Map Parcel ,.,,,.~No. 1000-3-2-10. ~ 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 onceeach ,,ec~, o ........ / .... weeks successively, commencing on the ........... .c~..~. ~ .... da y o~--~.'. ..... ,19. Sworn to before me this .............. 8:05'p.m. Appeal NO. 3494 - PORT OF EGYPT ENTER- PRISES for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permis- sion to locate marine fuel storage tank structures in this "C-Light" Industrial Zoning District with an insufficient set- ~ .~/ back from landward edge of / £. tidal wetland and from ordinary .................. " .......... ~ * ........... ' highwater mark at 6230 Main Notary Public Ro~d~ ~South~ d, NY; County BARBARA FORBES Notary FuN/c, State of New York No. 4g0~g36 Qualified in Suffolk County Commission Expires ~-~.g,, 19 ~f Tax Map Parcel No. 1000-56-6-3.2, 3.3, 4, 6, 6.1. 8:10 p.m. Appeal No. 3468 - ROBERT J. LONG for a Variance to the Zoning Or- dinance, Article III, Section 100-31, Bulk Schedule, for ap- proval of parcel in this propos- ed set-off division of land hav- ing insufficient area and depth, located along the North Side of Main Road, East Marion, NY; County Tax Map Parcel No. 1000-31-4-15, containing 11.912 acres. 8:15 p.m. Appeal No. 3471 - NICHOLAS TSIRKAS (Recessed fiom 4/3/86). 8:20 p.m. Appeal No. 3489 - PAUL LEARY for a reversal of decision of the building inspec- tor for a nullification of actions by the Building Department to issue a modified Permit and Demolition Permit, and that the property owners be left to regular procedures of law, to be allowed only after review by the Board of Appeals and in accor- dance with all other provisions of law. Name of Owners and Location of Property in Ques- tion: FRANK E. AND MARY BROPHY, 75 Second Street, Ney Suffolk, NY; County Tax Map Parcel No. 1000-117-10-20.7. The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the hearing in question. For more information, please call 765-1809 (alt. 1802). Dated: April 3, 1986 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1 T-4/24/86(2) APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and Suffolk Weekly Times, Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowalski, at 765-1809 (or if no answer, 765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ ~ DATE ..... .3.~...~..L8~.. ........... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Harr~ O. end ~andra b. HurA~urt, ~s~, ~n~i Reed 1, (We) .................................................................. of ............................................................................ Nome of Appellant Street and Number Flell,. le~d ~..~.. ] .e..r.~ .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Harr~ g. end ~endra L. HarCOurt Nome of Applicant for permit of L r..O...~.~.~..~§ ,...~P..~..,~.~d..t~.~d,...~ah~r.a..A,L~nd ~..~..¥.Rr.~ ............................ Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY (x) BuLLdtng i ermtt, 1. LOCATION OF THE PROPERTY ~et ~d Bead Street Use District on Zoning Mop '~...M.~.~....~...u~._...:.~.~:...°..3.....B.z..?..o}...W.2..J::.°.?...~_u.. .......... Current Owneri~rr~ o..~ndr, L. ~urA~urt Mop No. Lot No. 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 IA! 3eotten X00-32 3. TYPE OF APPEAL Appeal is mode herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has)~has not))~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 ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Jer"~ieeion to construct, a g~roen eh~d i4~ the front ~ard. ]~orm zB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because ~e le~ure or the ~ro~er%y end ~he ~o~a%ton or ~ho ~r~vo~ ~kes ~e pro~ooed 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 Go ~Opofl~iph{ or %hie 2o{ uiko~ J.x, lnprelticiX ~o loet~t i i14~ok~rl in rear yard ~oomulo wub~ln~ieX drep Xn lend and d~in/ieoe~ion of house. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because f~ the ~. STATE OF NEW YORK COUNTY OF $~O~ ss ~ ~ bignoture Sworn to this 25~cb- day of ................ ~.~..~..?..~. ............................ 198(~ 7014 3heaff I.ane F~. ~aehing~sn, PA 19034 March 26, 1986 Town ef Southeld Beard ef ~ppeals Main ~ead Sou~hsAd, New York 11971 Gentlemen: ~uclueed are the required forms for our, "Appea£ from ~ecisien ef ~u~A~ing I~specter." he are requesting permlssien ~e erect a garden shed en our prepert~ at Fishers Asland. It is our hepe ~his ~a~ter wiAA be considered at t~e next mae~i~ ~ be held ~e ~eek ef ~arch 31, 1986. The e~ rem net enclesed at ~his ti~e is "The Certificate ef Occupancy," which A have ordered fram the Building Department. I have requested the Building Department te paso the certificate ente yen te be attached te this application. If additienal infer~atien is required in connection with this application, can be reached at my home phone, 215-646-1863 er my effice phone, 21~-296-6296. Thank yen fer ~eer attentisn and c~eperatien in this matter. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals of the Town of Southold : TO: ~oa reverae aide NOTICE TO ADJACENT PROPERTY OWNER to YOU ARE HEREBY GIVEN NOTICE: 1. TI:~. is th~ intention of the undersigned to petition the Board of Appeals of the Town of Southold request (a~ariancei~(Special Exception) (Special Permit) (Other) [circle choice] 1. 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: County Tax Uep No. 1000 Section 03 B.Lock 02 Lat. 10 3. That the property which is the subject of such Petition is located in the following zoning district: A Residential ~gricul%ural 4. That by such Petition, the undersigned will request the following relief: Permission to construct e garden shed in the front yard. 5. That the proviSJr~rn, ts of the Southold Town Zoning Code applicable to the relief sought by the under- signed are /LFticle ''' ~c:~tion 100-33 [ ] 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 ma)' then and there examine the same during regular office hours. (5].6) ?~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: 3/25/86 ~arr~ 0. & Sanrda L. Hurlburt Petitioner 0wners'Names:..~.T n A R.nde. I,,. 1~elhllr~; Post Office Address P.O. Box 98, Fishers Island, New York ALSO: 7014 Sheaff Lane Ft. ~aahington, PA 19034 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Shaw ~alker Trustee, c/o Margaret Spofford, 1088 Park ~lvenua, N. ¥., .N.Y. 10028 Margaret Spofford l%'ustee, 1088 Park Avenue, N. Y., N.Y. lO,Z8 P 098 911 633 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Ret ing to whom, STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: P 098 911 632 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) P.O., t nd Z C Special Delive~ Fee Restrlct~ Delive~ Fee Return Receipt Showing to whom and Date Delivered Return r~eipt showing to whom, Date, f Deliveu Harry O. and Sandra L. HUrlburt , residing at East End Road Fishers Island, New York , being duly sworn, deposes and says that on the 25th day of ~:-~ch ,19 86 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of $outhold; that said Notices were mailed at the United States Post Of- rice at Fishers Island, New York 06390 (certified) (~k~J) mail. Sworn to before me this 25th day of March .19 86 ~ Noury Public MARY B. PANKIEWICZ NU)~EY (~UBUC, STATE OF NEW YORK NO. 52,.8~ST950 -- SUFFOLK COUNTY r;I:MMI~ION EXPIRES MAI~,'H ~0, ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining, property owners.) JUDITH T. TERRY TOm CL[RK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUIHOLD March 31, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3490 application of Harry O. and Sandra L. Hurlburt for a variance. Also included is letter from Mr. Hurlburt; plans; Notice of Disapproval from the Building Department; Notice to Adjacent Property Owners; plot plan; Short Environmental Assessment Form; :letter relative to N.Y.S. Tidal Wetlands Land-Use. /~reposed ~mrden Shed for Harr~ O. Hurlburt Size: 10, x 20, Siding: Texture 1-11 Hoof: Self se~li~g asphalt shing!~s .~looring: ~lywood Foo~ings: S~ort~d b~ c~ncr~e o!ocke a~ n~eded 'o Fha f~.Y.S. [nvironmental llual ity I<~,.view Act requir~; sub- mission of~is form, and an environmt a! review wi!l be .lade by th]lJ~'board before any action taken. (al In order to answer the ~uestions in this short £AF Is is asst~ed that the preparer will use c~rrnntly available ~fo~.atlcn conce~lng the project and the l~ely ~cts of the action, It is not expected that additional ~tudle~, roeaarch ' or o:her investigations w~l be undertaken. .. ~b) If any questton hao been answered Yes :he project may be al~iflcant"and · ccmp!eted Envlrc~mental Assessment For~ ia nece~car/. (c) 1£ all questions have been answered No l: lo likely t~t this project is nc= ~2gni£1cant. (d) Environmental Assessment 1, WLll project rasuit in a 1·rye phy~lcsl cbmnge to the project site or physically alter more than 10 acres of land? . . . . . . o . . , . 2. Will there be a major change to any unique or unusual land £o~m found on the site? . . 3. Will project ·lter or h~ve · large effect on an existing body of water? . . . , · . . . · &. WL!i project h4vo · potentially large Lmp~c~ o,1 groundwater quality? , . . . . . . . · 5. Will project significantly 'effect drainage Flow on adjacent aires? , , , , , , . , , 6, ~i!l project affect any threatened or endangered plant or anir..~l species? , . , , . , . . ?, Will project result in a major adverse effect on air quality? , . . . , , . . . Will project have a major effect on visuel char- known to be i~portant to the co~mun~ty? , . 9. Will project adversely i~..pact any site or struck- ore of historic, pre-historic, or pal6ontologlcul importance or any site designated ae · critical environment~l area by · local ogoncy? . . . 10. W~ll project have a mmJor effect on cxieting or future recreational opportku;itio~? , 11. Will project result in major traffic problems or cause a major effect to extuttl,K tran5portsticn Will proJo¢t regularly cause objectionable noise, glare~ vibration, or e]ectrical disturb- anco an a result of the project's operation? 1)· Will project have any impact on public health or lC. Will project ~£fcct %he existing community by directly ca,cin~ a grcw~h 1o ~ermnnent period er have a major nc~Jtlve effeeL on the 15. Is there public con:rovmrs7 cent·ming , Yes .~ l,'o . lee .~ No Yes . ~>~ No Yo~ ,_~ No Yes ,~ No Yes Yes ~ :;o (Today's Date) To: Southo!d Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of Her~"~ 0. ~nd Saadra L. Hut!bur% Location of Property: ~ea% End Road, Fishers Island, County Tax Ma~ No. 1000 Section %)3 Block 02 lot !0 Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Reguiations, 6 NYCRR, Part 661, and Article 25 of the New York State. Environmental Conservation Law, please be advised that the subject property io the wilhin appeal application: (please check one box) [ ] 51,]7 be located ~qithin 300 feet of tidal wetlands; hcwever, constructed along the water-lying edge of this property is a bulkhead in very geed condition and at least 100 feet in length.· [ ] ~lay b~ 'located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. " £ ] May be located within 300 feet of tidal wetlands; however, constructed, along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of ~id~i wetlands; and ~here is no bulkhead or concrete wall existing 'on the premises. - IX) Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [';tarred items (*) indicate your property does not appear to fall within tile jurisdiction of the N.Y.S. D.E.C.] Sincerely yours, NOTE: If proposed project falls w~n D.E.C. jurisdiction, approval must be received an~ submit~6d to our office before your application can be scheduled for a public bearing. '/'O0' - · '.