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HomeMy WebLinkAbout3425 Southold Town PPeals I~AIN ROAD- STATE~ ROAD 25 SOUTHOI..D, L.I., N,Y. 11cJ'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPE~S Appeal No. 3425 Application Dated November TO: Mr. and Mrs. Howard W. P.O. Box 488 Southold, NY 11971 l, 1985 (Public Hearing 12/12/85) Dillingham, Jr. [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on January 9, ]986 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III , Section ]00-3], 8u]k Schedule [ ] Request for Application of HOWARD AND BARBARA DILLINGHAM, P.O. Box 488, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the construction of greenhouse addition with an insufficient setback from the south (easterly) side line at not less than 16 feet, and with insufficient total sideyards at not less than 30.5 feet, at premises known as 1900 Aldrich Lane, Laurel, NY~ Laurel Estates East, Filed Subdivision Map 7880, Lot 9; County Tax Map District 1000, Section 125, Block 1, Lot 2.018. WHEREAS, a public hearing was held and concluded on December 12, 1985, concerning the Matter of the Application of HOWARD AND BARBARA DILLINGHAM under Appeal No. 3425~ and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application; and it is noted that no public opposition has been received; and WHEREAS, the board members have personally viewed and are familiar with the premises in question as well as its surrounding area; and WHEREAS, the board made the following findings of fact: 1. The property in question is situated along the east side of Aldrich Lane, Laurel, is known and referred to as Lot #9 of Laurel Estates East Subdivision Map No. 7870, is located in the 'A-40" Residential and Agricultural Zoning District, and is identified on the Suffolk County Tax Maps as District 1000, Section 125, Block l, Lot 2.018. 2. Existing upon the premises in question is a new single-family dwelling with garage (to be attached to principal structure with a deck), and the subject greenhouse foundation, all presently under con- struction by Building Permit No. 14080Z issued July 5, 1985, and set back at its nearest point 69.3 feet from the front property line, 13.9 feet from the northerly side line, and 16.6 feet from the southerly side line. (CONTINUED ON PAGE TWO) DATED: January 14, 1986. Form ZB4 (rev. 12/81) CHAIP~N, SOUTHOLD TO,TN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3425 Matter of HOWARD & BARBARA DILLINGHAM Decision Rendered January 9, 1986 3. By this application, appellants request variances for the recent construction of an 8.1' by 13.4' greenhouse foundation which has left: (a an insufficient southerly sideyard setback at 16.6 feet (or 16 7")~ and (b) insufficient total sideyards at 30.5 feet (or 30'6" 4. Article XIII, Section 100-136(A)[2] permits the reduction of sideyards to not less than 30% of the minimum requirements of the bulk schedule, which are: (a) minimum side yard 20' less 30% or 14 feet, and 25' less 30% or 17.5 feet; (b) total sideyards 45' less 30% or 31.5 feet. 5. The variances requested are: (a) southerly side 17.5 feet to 16.6 feet, a variance of 10.8"; (b) total from 31.5 feet to 30.5 feet, a variance of 12" yard from sideyards 6. It is the opinion of this board that in considering the circumstances leading up to this appeal, the character of this parcel and immediate surrounding areas, the relief re§uested is unique and minimal, being approximately four percent (4%) of the zoning requirements. In considering this appeal, the board agrees with the reason- ing of appellant since: (a) the relief requested is not substantial, (b) there will be no substantial change in the character of this district; (c) the relief as conditionally granted will not cause a substantial effect or detriment to adjoining properties; (d) the circumstances of this appeal are unique and there is no other method feasible for appellants to pursue other than a variance; (e) in view of the manner in which the difficulty arose, justice will be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested under Appeal No. 3425 in the Matter of the ~[~plication of HOWARD AND BARBARA DILLINGHAM for a variance of one foot in total sideyards (31.50 feet to 30.50 feet) and a variance of 10.8" in the southerly side yard setback (from 17.50 feet to 16.60 feet), WITH THE CONDITION THAT THERE BE NO FURTHER SIDEYARD REDUCTIONS. Vote of the Board: Ayes: Messrs. Douglass. (Members Grigonis and Sawicki resolution was duly adopted. Goehringer, Doyen and were absent.) This lk 'GERARD P GOE'I~RI~GER, CHAIRMAN January 14, 1986 ~ 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 Southol.d Town Hall, Main Road, :Southold, NY at a Reguqar Meeting commencing at 7:30 p.m. on THURSDAY, DECEMBER 12; 1985, and as follows: 7:35 p.m. Application of EDWARD AND NORMA BURTON, 12960 Main Road, East-Marion,-~NY for a Var.iance to the Zoning Ordinance, Article III, Section. 100~32, for permission to locate accessory stora-ge shed in an area-other than the required rearyard at premises known as 12960 Main Road, East Marion, NY; - County Tax Map District 1000, Section 31, Block 14, Lot 10. 7:40 p.m. Application for EMILIA T. PIKE, Main Road, Mattituck, NY for a Variance-~o the Zon-in90~dinance,-Articie III, Section 100~31, Bulk and Parking Schedule, for approval of insufficient area of proposed ~arcels 1 and ~ and insufficient frontage (lot width) of Parcel l, in thi~ prQposed division of land located at the north side of Main Road, Mattituck, NY; County Tax Map District 1000, Section 140, Block 3, Lot 26. 7:45 p.m. Application of JAMES AND MARY TYLER, 625 Marratooka Road, Mattituck,-NY for a Special'Exception to. the Zoning Ordinance, Article VII, Section 100-70(B)[4] for permiss'ion to establish and build public garage at premises known as 6795 Main Road, Laurel, NY; Mattituck Holding Co. Minor Subdivision Lot #3; County Tax Map District 1000, Section 125, Block 1, Lot 19.6. 7:50 p.m. ApplicatiOn of HOWARD AND BARBARA DILLINGHAM, P.O. Box 488, Southold, NY for a Variance to the Zonigg Ordi- nance,.Article III, Section 100-.31, Bulk Schedule, for approval of the construction of greenhouse addition with an insufficient setback from the south(easterly) side line at ~ot less than 16 feet, and with insufficient total sideyards at not less than 31 feet, at premises known as 1900 Aldrich Lane, Laurel, NY; Laurel Estates East, Filed Subdivision Map 7870, Lot 9; County Tax. Map District 1000, Section 125, Block 1, Lot 2.018. Page 2 - Legal Notice of Hearings Regular Meeting of December 12, 1985 Southold Town Board of Appeals 7:55 p.m. Application for LONG ISLAND SHORES, INC., 684 Estero Boulevard, Fort Myers Beach, FL 33931, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area of four proposed parcels and insufficient lot width of two proposed parcels in this pending division premises located on the north side of North Road (C.R. NY; Suffolk County Tax Map District 1000, Section 40, Lot 20, containing a total area of 5.20± acres. of land, 48), Greenport, Block O1, 8:05 p.m. Application of STAMATIOS AND ELENI RAPANAKIS, 2030 Boisseau Avenue, Southold, NY for a Variance to the Zoning Ordi- nance, Article XI, Section lO0-118(D) for permission to reinstate nonconforming two-family dwelling use at 2030 Boisseau Avenue, Southold, NY; County Tax Map District 1000, Section 55, Block 6, Lot 40. (Recessed from October 24, 1985). 8:10 p.m. Application for PAUL AND MARY FLEMING by Eastern Windpower Inc., Osborne Avenue~ Baiting Hollow, NY 11933, for a Va[i2n~e to 'the Zoning Ordinance, Article III, Section 100-32 and Se~n 100-30(C) for permission to erect a wind tower exceeding ]8 feetl.in height fo~ the purposes of producing electricity~ at -premises known-as ~35675 Route 25, Orient, NY; 'County Tax Map District l~O0,' Section 19, Block 2, Lot 10.' 8:15 p.m. Application for GAIL DESSIMOZ AND MICHAEL RACZ by J. Doug-las. Peix, 2.08 Fifth Avenue, New York, NY lOOlO, f.or a Variance to the Zoning Ordinance, Artic-le XI, Sections .lO0-il8(E) and 100-119.2, for: (a) permission to renovate and expand existing 'nonconforming cabin ]guest co-ttage without sleeping facilities] exceeding 50% of value a~o square footage-of same as exists; (b) permission to construct addition to existing nonconforming cabin within lO0 feet of bluff along the Long Islan~ Sound, at premises known as 4255 Private Road #10 (Hallock Lane}, Mattituck, NY; County Tax Map District 1000, Section Block 01~ Lot 004. 8:25 p.m. Application of ROBERT A. CELIC, Box 1247, Matti- tuck, NY for a Variance ~o the Zoning Ordinance, Article VII, Page 3 - Legal Notice of Hearings Regular Meeting of December 12, 1985 Southold Town Board of Appeals Section lO0-71, for permission to establish access to and from Marlene Lane for off-street'parking which will be located less than 50 feet from property a~uttihg th~ Main Road, the nearest street intersection. Premises located on the east side of Marlene Lane, Mattituck, NY; County Tax Map District 1000, Section 143, Block 3, Lot 1. The Board of Appeals will bear at said time and place all persons desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the hear- ing in question. For more information, please call 765-1809 (alt. 1802). Dated: November 26, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. 'GOEHRINGER, CHAIRMAN Instructions to Newspapers: Please publish once, to wit: Thursday, December 5th, 1985, and forward nine affidavits of publication to: Mrs. Linda Kowalski, Secretary, Board of Appeals, Main Road~ Southold, NY 11971~ on or before December 10th. Copies to the following on or about 12/2/85: Suffolk Times L.I. ~Traveler-Watchman Town Clerk. Bulletin Board Mr. and Mrs. Edward Burton Abigail Wickham~ Esq. for Pike and ~Mr. and Mrs. James Tyler Mr. and Mrs. Howard D. illingham Mr. and Mrs. Stamatios Rapanakis Eastern Windpower Inc. for Fleming Mr. J. Douglas Peix for Dessimoz and Racz Mr. Robert A. Celic Edward J. Boyd VD Esq. (Re: Rapanakis) ZBA Members Z~A IndividUal File~' Town Board LI Shores F{~R~ NO. 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD, N,Y. NOTICE OF DISAPPROVAL · .~.cvr2.r.~.~.O.~. ?./.: ~..~/. ¢. 7:... PLEASE TAKE NOTICE that your ~ dated ........ : ................. 19 .... for permit to: ,~:2..~ .~/'(. O... 2~...~. ~. ~'~..~. g'/(~. .... . .'Z~. 7~.~....~.~..~ .......... at ro~tion ot Vrope~ ~;~ ~o: .......... ~XWm~ C'~'S,,~. '~ .......... ~~"' '~: · H~mf~t County T~ Map No. 1000 Section ... (g ~ ..... Block . is refined he,with and disapproved on tae lo,owing ~o~ds., .. , / :. ~ , L~o~3/ ~. . . .~,,. :. ...........~ ~ ,,~'~= .~. .~(~.~.~ . :.L'.~ ~. ~. a~.~R~ . . - ............... o~.. ~. Buiiding Inspactor 1/80 , " FORN~ NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N.Y. 11971 TEL,: 765-180~ " Approved .. [9~..ff. Permit No. l ~p.~O ~ D~sa~proved a/c ..................................... ................................ 6 ..... (Building Inspector) APPLICAT]O~ FOR BUILDING PER~II INSTRUCTIONS Received ........... ,19.. a. This application mus; be completely filled in by typewriter or in ink and submitted to the Building Inspector, with ;ets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public stree or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appi zation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval'of this application the Building Inspector will issued a Building Permit to the applicant. Such perm ~aall be kept on the premises avmlable for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupant ;hail have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to Building Zone Ordinance of the Town of Southold, Suffolk County, New York. and other applicable Laws. Ordinances, Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein describe, The applicant agrees t6 comply with all applicable laws, ordinances, building code, housing code, and regulations, and admit authorized inspectors on premises and Jn buildLng for necessary ~spectiqns. ~.~ (Signatnre o. applicant, or name, ff a c~porationY/ (Mailing address of applicant)/ State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builde .~.~:.-.. ~.,~_,~_~. ................. ~ ......................... Name ofownerof premises ~.~..,f//~. ....'~'~..~_~..~..,.XJx'~.4~.~t~..,q/. :.~...~, ............... I ' - (as on the tax roll ~r latest deed) if applicant is a corporation, s~gnature of duly authorized officer. (Name and title of corporate officer) Builder's License No. K~,b]'.?./~....~.~ Electrician's License No. .7 .~. ~..-~... 1. Lo~ation of [aod on which proposed work will be done Z~/ * ~ Z~e/Z ~S ~ 5 ~Y,'~ 1 ~ ~ '~7~;~' 2~',' '2~akY '~.~'. ............ ................................... ~;~;;; · 'Jld),:,~' z~'' 'fi~;; '~3 ~2 ............ House Number Co~,n, *a~ ~p No. ~000 S~*ion . .g ~.~7'..~. ..... "~ook..~/~.0~ ........ tot...~0.¢~ P ~.. Subdivision ~*~.~..~ F~.. ~.$~'. ...... Filed Map No. ~.~.~ ...... Lot.. ~ .......... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ...................... ' .............................................. b. Intended use and occupancy . ~,'~~ CC~~J .......... Alteration .......... ~.~ Nature of,work (check which applicable): New Building . ..~'..'. .... Addition ~.~ Rep~r ~:!. !.~ ,b~,~ .... Removal .............. Demolition ............. Other Work ............... (Description) '1~"" '"~' ' 't~ ~-ot.~ ...... Fee ...................................... 4. Estimated Cost. d .......... v ,-. (to be paid on filing this application) 5. If dwelling, number of dwellin u ts ............... Number of dwelling units on each floor ................ If garage, number of cars ,. ~... · ................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing strUctures, if any: Front...7IJ'~tl~t~ .............Rear .............. Depth .............. Height ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Heigl~t ...................... Numbe¥ of Stories i ..................... 8. Dimensions of entire new construction: Front. ~ ........... Rear ............... Depth . .,~.~ ..... ..... ....................... N~m.~, of ~,,one .... ~--~. .................................. .~ ............... S~z~oflot: Front .../ff..~.~ ....... x.- ..... Rear ... ~.O..~/... ~ .......... De~th . .~'..~..~... 2 ............ Date of Purchase ....... .~.~/~. ............. Name of Former Owner .. ~[~.~?..~ ?..~...'~..~P~.~.. Zone or use distr/ct in which premises are s~tuated ..................................................... Does proposed constrUction violate any zoning law, ordinance or regulation: ................................ Will lot be regmded ............. ..~., ............ . Will excess fill be removed from premises: ~ ~ No Name of Owner of premises .~-L~.~..C_X...~.\}~..~.~q' .er,. Address ................... Phone No.?~.~ .~. ~ ..... Name of Architect ........................... Address ................... Phone No ................ Name of Contractor ......................... ; Address ................... Phone No ................ ~2. i3. 4. PLOT D~AGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from :~roperty lines. Give street and block number or description according to deed, and show street nmnes and indicate whether ;TATE OF NEW YORK, S.S :OUNTY OF ................. ................................................ being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) . uove named. is the ........................................................................................ (Contractor, agent, corporate officer~ etc.) said owner or owner~, and is duty authorized to perform or have performed tr~e sa~d work and to make and file this pplication: that all statements contained in this application are true to the best of his knowledge and belief; and that the /ork w//l be performed in the manner set ~'orth in the application filed therewith. worn to before me this // ~-~ day of .,. ~ .......... ,19.~..~ o,ary Public, . ..... /.I~ ./L .... X~.Z.. V?. -'~.. County / TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE 7'~6~.~..~/: ./. / TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. . 1, (We) ,./...~...,~...~:.4..~..;4....~..~.J. tl.~...~...~':......of ..t..~...O..Q.....~...~..~..~.~.X.o..~.,,~--~. ....................... Name of Appellant Street and Number "~'"~"~"~'~J'~' ...................................................................... Municlpolity "'~"~'~;: ......... HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING NSPECTOR DENIED TO · /~...~... ~ .~..~. t. ¢.~ ~m ..... Name of Applicant for permit .... Str'~;t ;'~'~;;:r;~;;; ............... '/~';nicipolity " gState ............. ( '~ PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) Use District on Zoning Map /~.b...~. ........ ./.~_6~......6.../.. ................ ..~...:.~/..,.~. ......... Current 0~ner //~4/~ ~,¢~,~,e,~/' ' ~//;~/,4~,f~," ' Map No. Lot No. / 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sectiontg/.~/?C/_~.and Paragraph.~_~ of the Zoning/.~ 0 Ordinance_ ~ / b~v_g, umber., f~r4/~' Do~,~::~Z//~_.n°t quote the Ord~nce.)~)~ 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) (..ha.s no__t) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeai was ( ) request for a special oermit ( ) request for a variance and was made [n Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection ~A Variance to the Zoning 'Ordinance ) requested for the rea~0n that ~ .~ Forra ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produ:ce practical difficulties or unneces- sary HARDSHIP because 2. The hdrdshlp created is UNIQUE and is not shared by al[ properties alike in the immediate vicinity of this property and in this, use district beoouse ~ ~' d2q"LP~ ~P~- 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ,~ STATE OF NEW YORK ) ) ss COUNTY OF ) Swor~ to this .............................................. day of ........................................................ 19 Notary Public OWNER STREET FORMER OWNER N ACR. SUB. S W RES, SEAS. Vt,. If / FARM COMM, LAN D IMP, TOTAL DATE REMARKS CB. MICS. TYPE OF BUILDING Mkt. Value Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowkmd DEPTH Ho~ PIo~ BULKHEAD HEALTH DEPARTMENT-DATA FOR APPRO~J_ TO CONSTRUCT NOTE~ I=MONUMENT ~:STAKE SUBDIVISION MAP FILED IN THE OFFICE OF THE CLERK CF SUFFOLK COUNTY ON APR.4, 1985 AS FILE N0.7870 SURVEY FOR HOWARD DILLINGHAM LOT NO. 9 "LAUREL ESTATES EAST, SECT. i" OCT. 22,[985 JULY 22,1985 AT LAUREL DATE: FEB. 23,]985 TOWN (3+' SOUTHOLD SCALE: 1"=50' SUFFOLK COUNTY, NEW YORK NO. 85-184 GUARANTEED TO; CH CO. YOUNG s YOUNG R~VERHEA[)~ NEW YORK ALDEN W. YOUNG, PROFESSIONAL ENGINEER AND LAND SURVEYOR N.Y_S.~CENSE NO. HOWARD W. YOUNG~ LANDS~VEYO~ N.Y.S. LICENSE NO.45893 FOR ~EE S(~C. NO.I~I ~03~OOt I0.0~ (c) 6.0~c! 8,6Ak) APPEALS BOARD MEMBERS Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 1~971 TELEPHONE (516) 765-1809 December ] ~ 1985 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. ~({ . E .Q · R .A . SERGE DOYEN, JR, ROBERT J. DOUGLASS NEGATIVE ENV1RONMEN'['AL I)[~CLAI,tA'I'JON JOSEPH H. SAWICKI Notice of DeterminatJoa of N~m-Siqnif]cance NO.: 3425 ~ROJE('T NAME: Howard & Barbara Dillingham This notice is issued pursuant Lc) Part 617 of Lhc implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Review Act of the };]nvi. ronmental Conservation Law and Local ~44-4 of the Town ()f Souihold. Th i s board do termines cunt adverse effe¢;t on the ]Jolow. the within project m.)t to have a signifi- environment for Lbo ~easons indicated Please take further notice that this declaraLJon should not be (:rms i~l{~red a determination made for any other department or agency which m,,y also have an application pend[ug for thc same or similar TYPE OF ACTION: [ j Type I1 ~ Unlisted [ ] ])]",I;C]~IPTION OF ACT]ON: dideyard setback IJ~CATION O1.' PROJECT: Town of Eoutho[d, 1~ ,~_ti,'ularly known as: Lot %~9 Laurel Estates, ~1000-125-1-2.18 County ,)f Sbffolk, more Aldrich Lane, Laurel,NY RL'AS¢)N($) SUPPORT1N(] THIS DETERM,rHAT1ON: ( I ) An IJllVi 17OIIIIICII[(II A~l.';efqsillell[ J_tl khc .'-;herr l>,rm has been ;LI!Ahi[IL'I] which indicates ih,it ilo GifillJficinll advcr~;~ effcc'ts *(, },,' ,::~vironment arc ].ikcly t_o occur :~htmJd thi:-; p~o}cct be intpl~- if;ii t,:] al; planned; (2) The property inquestion is not located within 300 feet of tidal wetlands or other critical environmental area. FURTItER INI'~ORMA'fION, PI,EASE CONTACT: 1.,inda Kowalski, Secretary, Town Board of Appeals, Town Hall]., Southold, NY 11971; t~d.. 516- or 1802. Co~lcs of this notice :;ont i<) iht a[)[~licmlt ()r his agent and posted tho Town Clerk Bul],:~(J.t~ lh ard. br APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD' STATE~ROAD 25 SOUTHDLD, L,I,, N.Y. TELEPHONE (516) 765-1809 January 14, 1986 .c~( :' Mr. and Mrs. Howard W. P.O. Box 488 Southold, NY 11971 Dillingham, Jr. Re: Appeal No. 3425 (Variance) Dear Mr. and Mrs. Dillingham: Enclosed please find a copy of the official findings and determination recently rendered by the Board of Appeals and filed this date with the Office of the Town Clerk concerning your application. Since your application has been conditionally approved, please be sure to return to the Building Department for their authorization or other information which may be required. If you have any questions, please do not hesitate to call either our office or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to: Building Department GERARD P. GOEHRINGER CHAIRMAN ~ ~ ~-~B~ Linda F. Kowals~i Secretary JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 1, 1985 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. 3425 application of Howard and Barbara Dillingham for a variance. Also included is Notice to Adjacent Property Owners; Short Environemntal Assessment Form; letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; plan and survey. ith T. Terr~/ Southold Town Clerk ZONING BOARD OF APPEALS NOTICE IS'. GIVEN, pursuant to. Section 267 of the Town Law and the Code of.the Town of Sunthold, the following, psjbllc, hearings ~ be held bY th~ SOUTH- OLD TOWN BOARD OF AP- PEALS at the Sunthold Town Hall, Main Road, Sunthold, NY at a Regular Meeting commencing at 7:;30 p.m. on THURSDAY; DECEMBER 12, 19~, andas ~lloWS: 7:35 p.m~ Application of EDWA~,i~ A,l'~ NPn~A BURTON, 129~0:~ Road, East Marion, NY fog a Va~. ance to the Zoning Ordinance, Ax~iele I~I,, Sect~m ~HI0-32, for penn~iou to lc~ate :acces- sory stor~e shad ~n an area othe~ than the tequlsed rear- yawl at premises known as 12960 Main Road, East Mar- ion~ NY; County Tax Map l~sttlet 1000~ Section31, Block 14, Lot 10. 7:40 p.m. Appltcetion for EMILIA T. I~IKE, Main Bond, iattituck, NY for a Variance to the Zoning Ordinance, Art- icle m, Section 100-31, hulk and Parting $chedale, for proval of ~nsu~eient area of proposed Parcels I and 2 and lnsu~ciant ftuntage (lot width) of Parcel 1, in this proposed division of land loca- ted at the north side of Main Road, Martituck, NY; County Tax Map District 1000, Section 140, Block 3, Lot 26. 7:45 p.m. Application of JAMES AND MARy T~LER, 625 Mnrcatookn Boad,.Mat'ti. tuck, NY for a Special Excep- tion to. the Zoning Ordinance, Article VH, Section 100-70(E) [4! for permission to establish and build public garage at premises known as 6?95 Main Boad, Laurel, NYi Martituck Holding Co. Minor Subdivis- ion Lot #3, County Tax Map District 1000, Section 125, Block 1, Lot 19.6. 7:S0 p.m. Application of HOWARD AND BARBARA D1LLINGHAM, P.O. Box 488, Southold, NY for n Variance to the Zoning Ordinance, Article HI, Section 100-31, Bulk Schedule, for approval of the consttuctiun of g~ee~ouse ad- dition with an insu~cient set- back f~om the south (eaete~ly) side line at not 1ese than 16 feet, and with insuf~ciont total sideyards at not less than 31 feet, at premises known as 1900 Aldt'ich Lane, Laurel, NY; Laurel Estates East, FUad Subdivision Map 78~0, Lot 9; County Tax Map District 1000, Section 12S, Block 1, Lot 2.01& ?:55 p.m. At. lion.on for COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been pub{ished in said Long Island Traveler-Watchman once each week for ................ /. ......... weeks successively, commencing on the ...................... .... , Sworn to before me this ..................... day of .... Notary Public BARBARA FORBES Notary Public, State of New York No. 4806K~6 qualified ia Suffolk County Cormr, ission Expires March 30, 19 The Slfffolk Time Legal Notices LEGAL NOTICE ' 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 bold by the ~OUTHOLD TOWN BOARD OF APPEAL8 at the Southold Town Hall, l~aln Road, Southold, NY at a Reghlnr Meet- lng commencing ht 7:30 p~m. on TIdUR~DA¥, DECEMBER 12. 12960 Main Road, East Marion, NY; County Tax Map District. 1000, Section 31, Block 14, Lot 10. 7:40 p.m. Application for EMILIA T. PIKE, Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article IH, Section 100-31, Bulk ~ Parking Schedule, for approval of insufficient area of prope~ed parcels 1 and 2 and insufficient · frontage (lot width) of Parcel 1. in this proposed division of land located at the north side of Main l~chedule, for approval of the con- struction of greenhouse addition with an insufficientsethack from the south(e~sterly) side line at not less than 16 feet, ami with insufficient total sideyarde at not less than 31 feet, at premises Laurel, NY; Laurd Estates East, Filed Subdivision Map 7870, Lot i%9; County Tax Map District 1000~ on 126, Block 1, Lot 2.018. 55 p.m. A~plicatien for ISLAND SHORES, iNC., 684 Estoro Roulevmd, For t December 5, 1985 use at 2030 Boisseau Avenue, Southold, NY; County Tax Map District 1060, Section 55, Block 6, Lot 40. (Recessed from October 24, 1985L 8:10 p.m. Application for PAUL AND MARY FLEM1NG by Eastern Windpewor Inc., borne Avenue, Baiting Hollow, NY 11933, for a Variance to the Zoning Ordinance, Article ~ection 100-32 and Section 100- 30(C) for permission to erec~ wind tower exceeding 18 feet in height for the purposes ofpr~..u~ ing electricity, at prenus~ known a~ 4255 Private Road #10 (Hailock Lane), Mattituck, NY; County Tax Map District 1000, Section 112, Block 01, LOt 004. 8:25 p.m. Application of ROBERT/g; CEL1C, Box 1247, Mattituck, NY for a Variance to tho Zoning Ordinance, Article VII, Section 100-71, for permis- sion to establish acce~ to and from Marlene Lane for off-street parking which will be located less than 50 feet from property abutting the Main Road, the nearest street intersoction. Premises located on the east side l~gh a~d as follows: Tax 1/ap District 1000, ~tlon 7:35 p.m. APPlication of ED- 140, Block 3, lot ~6. . WARD AND NORMA BUR- 7:45 p.m. Application ~ TON, 12960 Main Road, Eas~ JAMES AND MARY TYI~R, Mm-ion, Nyfo~av~r~nncetothe.~ 625 Marratooka~ .Ro~. Mat- Zoning Ordinance, Actiels ~I, tituck, NY for a Special Excop- Soction 100-32, for permi~ion to ~tion to the Zouing Ordlr~nce, Ar- locate ncco~ory storage shed in tieleVll, soctio~100-70(B)[4] for an area other thnn the required rearyard at premises known ns permission to establish and build public garage at p~emises known · as 6795 Msln Road, Laurel, NY; :~ Mattituck Holeli~g Co. Minor% Subdivision Ix~ ~3, County Tax Map District 1000, Section 125, Block 1, Lot 19.6. ] 7:50 p.m. Application of HOW- ~ AND BARBARA DIL- [IANGHAM, P.O. Box 488, Isouthold, NY for a Variance to ~the Zouing Ordinance, Artide ~, Section 100-31, Bulk Variance to 'the Zoning Ordl; known ~s 1~5675 Route ~, oflVI~rleneLane, Mattituck, NY; nance, Article HI. Section 100- Orient. NY; County Tax Map County Tax Map District 1000, ofinsufficientareaoffourprop--~,~.~--,~ A~mlica~io~ for a~ddtimeandplaceallpersons a~ parcels and instdifclen.t' l? o:,~ p ..... - , . - f OAIL DESSIMOZ ~AND~..~ng'.ta bo heanl .m. each o width of two proposed percets m ~lr~ AI~L RACZ b!r J. Douglas ~ above matters- Wntton cern- this pending division of lamt. j _'A~.-'~L'~ Fifth Ax;anUs/Now - ~ents may also bo submitted v--~ NY 10010 for a Varian~: lgri°r to the conf~usion of the side of North P,a~d (C~R. 48), x~,~ ,. . - ' ' ' orein- Oreenpect, NY; Suffolk Co~mty ~ tothe ZouingOrdinanee, Acticle .~ heanngmquestion. Form XI, Sections 100-118(E) and 100- formation, please call 765-1809 (alt. 1802). Tax Map District 1000, Section 40, Block 01, Lot 20, eontaiuing a total area of 5.20~ acres. 8:05 p.m. Application of STAMATIOS AND ELENI Avenue, ~0uthold, NY for a Van- 'ence to the Zoning Ordinance, Article XI, Section 100-118(D) '-': for ~ermiasion to reinstate non- conforming two-family dwelling 119.2, for. (a) pernfission to reno- veto and expand existing non- without sleeping fasllitico] ex- ceeding 50% of value and square footage of same as exists; Co) per- mission to construct addition to existin~ nonconforming cabin ~1TD5~5099 within 100 feet of bluff along.the ~ Island Sound, at prennses Dated: November 26, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 81'ATE OF NEW YORK cOUNTY OF SUFFOLK ) Mary K. Degnan of Graenport, ln said County, being duly sworn, says that he/she ia ~Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed ia a printed copy, has been regularly published In said Newspaper once each week for _ one weeks successively, commencing on the _ 5 dayof December .. 19..-~5 cipel Clerk Southold Town Board of Appeals HAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN: Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I. Traveler-Watchman indicating the date and time of your public hearing. Please have someone appear in your behalf at the time specified in the event there are questions brought up during tile public hear- ing and in order to prevent any delay in the processing of your application. If you have any questions, or If you would like to review your file prior to the hearing, please do not hesitate to either stop by our office at the Southold Town Hall, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-~1802). Yours very truly, tk Enclosure GERARD P. GOEHRINGER CHAIRMAN TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE )"?--"~ - /' TO THE ZONING BOARD OF APPEALS_TOWN OF SOUTHOLD, N. Y. 1, (We). .~.~...~ ...~ C~.~....~.....~ ............... ~f ........... [~....~..~ .ldo. i.c,. ~...(~..~......~'... .................. Name of Appellant Street and Number · .-.~.~..C':/.U..~...-.O...!.?.. ......................................................................... ..~.: ............. HEREBY APPEAL TO Municipality ~tate 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 perr~it of o Street and Number Municipali~ ~tate ( ~PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ....../-~.....C...../...-./..,/.~..u. ../]..(~.C.hC.../].......l;:./J..~..,.c~,.. ................................. Street Use District on Zoning Map ./..~..0..0. ....... t...~...?.......O.../ ................... ~.:..0../.~ ............. Current Owner ~/~W4e])~'~ 34e ~X)R4"~)',II, L/~)I//q4'L Map 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.) 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) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ~ Variance to the Zoning Ordinance ) ~s requested for the reason that c~" ~ Form ZB1 (Continue on other side) REASON FOR APPEAL Continued I. 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 in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE - CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) SS COUNTY OF Sworn to this ............ .~.. ............................. day C;" 2~ ............... ~l~¥ary Public LINDA F. KOWALSK! I~IOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or' the Petition of : : NOTICE : TO to the Board of Appeals of ~he T.own of Southold : ADJACENT TO: "~-~ ~0 ~ ~:,1~. P-. ~'~ ¢¢ ~:X~ ~."~ C~ l C~ PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~!ntention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~nce)~(Special Exception) (Special Permit) (Other) [¢ir¢].e cho±ce] 2. That the prop~h is the subject of the Petition is located adjacent to your property and is d4 cribed as follows: 3. T~a~L the ~u:J~perty which is the subject of such Petition is located in the following zoning district: r 4. That by such Petition, the undersigned will request the following $. That the provisions~o~f~he Southold Town Zoning Cod~ appi~ablq %o the re, lief s, ougJlt by tl~e un~ded'- signedare A:ticle ~ ~,e~c~. /~ ~- ~_~ / ~,~Zi /,Z~ ~..c..c..c..c..c..~,/'/ ~.d ~t / ~. . [ ] Section 280-A, New York Town Law for- approval of access over- r-ight(s)-of-wRy. 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) 765-].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. Dated: /~/~/d~ ~ Petitioner ~ Owner-s ' Names: ~. ,P-~,t Office Address . .p 329 223 594 REI~IPT FOR CERTIFIED MAIL See Reverse P 0 Sta[e,~(] ZIP Code~-~ Postage PROOF OF MAI~IN~; OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 'S 329 223 595 ,:CEIPT FOR CERTIFIED MAIL on the re- persons at the addresses set opposite their respective names; that the addresses set ~ the names of said persons are the addresses of said persons as shown on the current assessment Fgll of 1[he Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~ o ~-~"~ 0/o~,~ /3 ~ ; that said Notices were mailed to each of said persons by (~)(registeredl mail Sworn to before me this day of t~_ ~'~'~.~--~ ,19 ~ ~"" Notary Public LINDA F. KOWALSKI NOTARY PUBLIC, State 0f New York No. 52-4524771 Gommis~Jon [xpires Uarch 30, (This side does not have to be completed on form transmitted to adjoining property owners.) lhe H.¥.~. LnVlrOn:~ent,,I Huality I~:v~ew Act requires sub- mission of this form d an environmc~ntal revie~ Iill be made by this board any action is taken. (a) In ordJr to answer the questione in this abort EAF is is ase~ed that tho prerarer wi1! use currently available ~for~.~ticn concerning the project and th~ ]~kel~ Lz~cte of the action, It is not expected that additional ~tudio~ raeearc~ or ~ther investigations wLll be undertaken. (b) If any quemtlon ha~ been ShOWered Yes thn project m~y be =lgniftcant and a ccmp!eted Envlrcmmental Aesessm~nt Form. is necenoar/. (c) If all questions have been answered No it is likely tbmt thl~ project is net ~!gnlflcant. (d) ~vironmental A~eesement 1, Will project result in a large phyeical cbmnge to the project eite or physically alter more 2. Will there be a major change to any unique or unusual land form found on the site? Yea No Yes No Ye~ ~ 3. Will project alter or have a large effect on an existing body of water? . . . , . Will project h4va a potentially large 4~pac~ on groundwater quality? , , , , , , . Will project significantly'effect drainage flow 6. Will project affect any threatened or endangered 7. Will project result in a major adverse effect on air quality? · , , , · · · Will project have a m~jor effect o~ visual char- known to be important to the com~un£ty? , · · 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or pal~ontological importance or any site desi~nnted as a critical environmental area by a local agency? · · · .,, Yes 10. Will project have a m~Jor effect on exieting or 11. Will project result in major traffic problems or 12. Will project regularly cause objectionable odorc, noise, glare, vibration, or electrical disturb- 13, Will project have any impact on public health or ~,o iL. Will project Affect the exteting community by directly causing a growth Xn permanent popula- period o__r have a major negative effect on t~e character of the com.munity ~r neighborhood?.. Yes . ...~0~ PREPM~[~,$ SIG::ATL~S: -~ TITLe: ..... I.. DATE: / Yes ~o (Toefay ' g Datel To: Southo!d Town Board of Appeals Main Road Southold, NY 11971 Location of Property: L~_ ~ I , Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation LaW, please be advised that the subject property iQ the within appeal application: (pleas~ check crne box) [ ] May be located within 300 feet of tidal wetlands ho%~ever, constructed alon~ the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May ~e '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. not [ ] appear May be located within 300 feet of tid~i wetlanda; and there is no bulkhead or .... ~ ' conc___e wall e×is~ing 'on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items'(*) indicate your property does to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (Signature please)~ NOTE: If proposed project falls witglin D.E.C. jurisdiction, approval must be received an.d submitted to our office before your application can be scheduled for a public hearing. (:~)V 0'9 9~ (:~) vO*OI V 9'OP I IO0-£O- I~I'ON ':)3S 335