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HomeMy WebLinkAbout3469 uthold Town Board of Appeals ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3469 Application Dated February 20, 1986 TO: Mr. and Mrs. Warren Brady 3500 Private Road #13 Mattituck, NY 11952 (Public Hearing 4/3/86) [Appellant(s)] 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 [X] Request for Variance to the Zoning Ordinance Article III , Section ]00-32 [ ] Request for Application of WARREN AND MARY BRADY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory barn in the frontyard area, at premises referred to as 3500 Private Road #13, off the north side of Bergen Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-105-01-5. WHEREAS, a public hearing was held on April 3, 1986, in the Matter of the Application of WARREN AND MARY BRADY under Appeal No. 3469; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, 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 north side of a private right-of-way (partly traveled) known as Private Road #13 which extends off the north side of Bergen Avenue, Mattituck, and is identified on the Suffolk County Tax Maps as District 1000, Section 105, Block 01, Lot 5. 2. The subject premises consists of a total area of five acres, with frontage along the private right-of-way of 200 feet and lot depth of 1086± feet extending in a northerly direction to the (CONTINUED ON PAGE TWO) DATED: June 2, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3469 Matter of WARREN AND MARY BRADY Decision Rendered May 28, 1986 Long Island Sound. The premises is improved with a single-family dwelling set back very closely to the bluff along the Long Island Sound. There are two accessory buildings as follows: (a) 28' by 20' and (b) 16' by 30', both for storage purposes incidental to the existing dwelling and not operated for gain. 3. By this application, appellants request permission to locate an 30' by 48' accessory barn/storage structure landward of the existing dwelling in the front yard area 100 feet from its front (southerly) property line, 52 feet from the west property line, and lOOm feet from the east property line as shown by survey amended December 3, 1985, prepared by Roderick VanTuyl, P.C. 4. It is the opinion of the board members that the property consists mostly of "frontyard" area and that the most feasible area would be at least 100 feet from the Sound bluff (per Article XI, Section 100-119.2(A)). The area chosen by the applicant is set back farther than a principal building would normally be required on a vacant lot in this "A-80" Agricultural and Residential Zoning District. 5. For the record, the~e is a Certificate of Occupancy d~ted April 27, 1966 under No. Z2407 for the private single- family dwelling, and written easement at Liber 8463 cp 378 dated July 6, 1978 from Stanley Sledjeski to the applicants for access 6Ver~zthe right-of-way extension to the east des- cribed in "Minor Subdivision #90~ April 30, 1974." In considering this appeal, the board finds and deter- mines that the variance should be granted because: (a) the proposed structure will not be adverse to neighboring properties; (b) the circumstances of the property are unique; (c) the practical difficulties shown are sufficient to warrant a granting of the requested relief because there is very little buildable rearyard area and any other location on the premises would require additional variances; (d) there will be no substantial change in the character of the district; (e) the interests of justice will best be served by allowing the relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3469 in the Matter of the Application of MR. AND MRS. WARREN BRADY for permission to locate 30' by 48' accessory barn structure in the frontyard area not closer than 100' from the front (northerly) property line, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The structure is limited to storage use incidental to residental use of the premises and not operated for gain; 2. Overhead doors shall not face the right-of-way (southerly property line); 3. There shall be no backing out onto the right-of-way (access area). Vote of the Board: Ayes: Messrs. Goehringer, Gri§onis, Doyen, DQuglass and Sawicki This resolution was duly adopted. i%ECEIVED AND FILED BY k~'P/tE SOUT[iC'ZJ) TOVa~ CLERK DATE &/3/~ HOUR ~,' ~ P~ GERARD P. GOEHR~iNGER, C~l~MAN June 2, 1986 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant so Section 267 of the Town Law and the Code of the Town of Southotd, the following public hearings will be held by the SOUTNOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Re§ular Meeting commencing as 7:30 p.m. on THURSDAY, APRIL 3, 1986~ and as follows: 7:35 p.m. Appeal No. 3396 - GARY DOROSKI for a Variance so the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to locate proposed pool with decks and fence enclo- sure within 75 feet of wetlands and highwater mark, as 425 Monsell Lane, Cutchogue, NY; Norwald Subdivision Filed Map No. 1275, Lots 31-35 inclusive; County Tax Map Parcel No. 1000- 97-08-27. 7:40 p.m. Appeal No. 3482 JERRY SHULMAN for a Special Exception to the Zoning Ordinance, Article IX, Section 100-90 for permission to change use of a portion of existing building to building-material storage, in conjunction with existing a§ricultural storage and agricultural office, at premises referred to as 11950 Sound Avenue, Mattituck, NY.; County Tax Map Parcel No. 1000-141-03-41. 7:45 p.m. Appeal No. 3473 JOSEPH A. CASSIDY, JR. for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, fur approval of 58~484 sq. ft. parcel with 135' frontage along Reydon Drive, set off from premises to the north presently of J. Rick of 55,831 sq. ft. ~n area and 135' frontage (lot width). Property ~dentification: County Tax Map Parcel Nos. 1000-79-0~-23.i and 22.1~ located along the west side of Reydon Drive, Southold, NY. 7:50 p.m. Appeal No. 3451 BEDELL WINERY for a Special Exception so the Zoning Ordinance, Article III, Section 100-30- (B)[14] to establish winery use from grapes grown on the premises, 36225 Main Road, Cutchogue; 1000-85-02-10. (Recessed from 3/13/86). 8:00 p.m. Appeal No. 3476 ROBERT AND CHARLOTTE WISSMAN for a Variance to the Zoning Ordinance, Article XII, Section 100-121 to seek relief from conditions placed by prior Appeal Page 2 Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 3, 1986 No. 2006 in the Name of Claire Brody t975, which conditionally granted use storage building (Artic'le III, cient lot area and width (Bulk of a single-family residence. Lane, Greenport, NY; County Tax to as Lot "C"). and Others dated February 27, of lot for mooring dock and Section 100-30(B)[9]) and insuffi- Schedule), to allow the construction Location of Property: 715 Gull Pond Map No. 1000-35-04-007.6 (referred 8:10 p.m. Appeal No. 3481 PORT OF EGYPT ENTERPRISES, INC. for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for permission to install/relocate marine fuel storage tanks in this "C-Light" Industrial Zoning District, at 6230 Main Road, Southold, NY; County Tax Map No. 1000-56-6-3.2, 3.3, 4, 6, 6.1. 8:15 p.m. Appeal No. 3472 - MICHAEL HERBERT for a Variance to the Zoning Ordinance, Article III, Section lO0-30(A) for permission to establish "Bed and Breakfast"-type use, or "an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than nine persons." Location of Property: 795 Pike Street, Mattituck, NY; County Tax MaD Parcel No. 1000-140-2-23. Zoning District: A-Residential and Agricultural. 8:20 p.m. Appeal No. 3418 - GRETCHEN HEIGL for a Variance to: (a) the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insufficient lot area and width in this proposed division of property, and (b) New York Town Law, Section 280-a for approval of access to proposed Lot #l over a private right-of-way located along the easterly side of the subject premises. Location of Proper~y and Right-of'Way in Question: North Side of So~nd View Avenue, Southold, NY; County Tax MaD Parcels No. 1000-68-1-14 and 15.1. 8:25 p.m. Appeal No. 3477 WILLIAM AND KATHERINE HEINS for a Variance To the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insufficient area, width and depth of :wo parcels in this proposed division located along the north side of Main Road, Orient, NY; County Tax Map Parcels No. 1000-19-2-5 and 6. Page 3 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 3, 1986 8:35 p.m. Appeal No. 3488 WILLIAM KREITSEK for a Variance to the Zoning Ordinance, Article III: Section 100-32 (and/or Section lO0-30A) for permission to locate private, fenced-in tennis court together with 12' by 12' gazebo on stilts on vacant premises adjacent to residence of the applicant and referred to as 9030 Soundview Avenue, Southold, NY; George Penny IV Filed Subdivision dated April ll, 1974; County Tax Map Parcel No. 1000-59-07-27.2 and 27.1. 8:40 p.m. Appeal No. 3471 NICHOLAS TSIRKAS for a Variance to the Zoning Ordinances Article XI, Section lO0-119.2(A)[1] for permission to construct single-family dwelling with an insufficient setback from edge of bank, along the Long Island Sound. Location of Property: North Side of Sound Avenue, Greenport, NY; Eastern Sh6res Subdivision Map 4586, Lot 113~ County Tax Map Parcel No. lO00-23-Ol-ll.  p.m. Appeal - WARREN_ AND_MARy BRADY_ for a 8:5O No. 3469 Variance to the Zoning Ordinance, Article III, Section 100-32 d/ for permission to locate accessory barn in the frontyard area, at premises referred to as 3500 Private Road #13, off the north side of Bergen Avenue, Mattituck, NY; County Tax Map ~_~Parcel No. 1000-105-01-5. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the hearing in question. For more information, olease call 765-1809. Dated: March 13, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS lk GERARD P. GOEHRINGER, CHAIRMA~ INSTRUCTIONS FOR NEWSPAPERS: Please publish Thursday, March 27, ~-~-6 and forward two affi~vits of publication on or before April 1st to: Board of Appeals, Main Road, Southold, NY 11971. FOR~ NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ..~.~..:a ~ .......................... ~~~....~.;.~ ..... u..a. 9.:. .... PLEASE TAKE NOTICE that your application dated ...~D....~7.~..°~...~. ?.-'~-..&.'7. ...... 19 ~. ~T Loea~onof~operW ~ ~ ' '- B~ 1~ ~4~ ...~:~: .......... House No. Street Hamlet County T~ Map No. 1000 Section .. 3. ~ ~ ...... Block .... ~. ~ ...... ~t ..... ~7 ........ Subdivision ................. Filed Map No ................ Lot No .................. is returned herewith an,d disap, proved on the following grounds. ~k~x.~..-~..~.c,"~k~./..~.: .~g. .~: ~.-~~ ~"" '~''- '~' '~ · ~"-~' ~-"~ '1~ ~' '~" ...... .o.: ~..&...,,,~t~... ~. ~...a~..L. ~...,x~..... ~.~.?. ~~. Building Inspector RV 1/80 RECEIVED ~ ~ FEB~01o~ TOW. OF $OUTttOLD, NEW' YORK %0~m CI~I~R~rtj~I~jFROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y, APPEAL NO. DATE ..... ,,~,./..,..~./...~. ........ Name of Appellant Street and Number Municipality ..~ew...~.(~rk ...... HEREBY APPEAL TO 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 ( ) ( ) (x) .5.p.e.~q.c.e.r....T..,....F..iuk~.r.,....I...n.g.,..~./.q....~.;C,....~. Mrs. W. Brady Name of Applicant for permit of 3500 Pvt. Rd. 13 ~attituck ~ew York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit ~o construct acoessary barn 1. LOCATION OF THE PROPERTY ..................................................................................................... Street Use District on Zoning Map 1~.~.~......~..e.~.~:....1~.~.~.~.~b.~.Z.9.g.~.~..1.~'.~.~..q.%...~5`...~Current Owner Mr & ~rs, W. Brady Iv'tap 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 III, Section 100-32 3, TYPE OF APPEAL Appeal is mode herewith for (x) A VARIANCE to the Zoning Ordinance or Zonin9 Mop ( ) A vARiANCE due to ack 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 varmnce and was made n Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 A Variance tb the Zoning Ordinance ) ~s requested for the reason that (Continue on other side) RI-ASON FOR APPEAL' ' C0ntlnu d I. STRICT APPLICAT ON OF THE ORDNANCE would produce practical dif~!cuJtiC~s~;~u~,~¢e~? sary HARDSHIP because The owners home, which is situated on top of the bluffs facing the Long Island Sound, does not have any front yard terrain suita- ble for building. 2. The hardship created is UNIQUE and is not shared by oil prope?ties alike ig:the immedi0te vicinity of this Property and in this use district because This particular hardship is unique to the area, and does not only affect the applicants property, but affects all properties along the sound in this area. 3. The Variance would observe the ~irit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Due to the properties uneven £ront yard ~opograph~ all accessary buildings in the area must be built in the rear yard. which requires a variance. ) SS ................................ COUNTY OF ) Sworn to this ........... ~,~.~. ............................. day of ............... ..~,.~ ......................... 19 Notary Public TOWN OF ~SGUTH~D PROPERTY RECORD CARD /~_ $? -- -- STRE~ · O~ VlL~GE~~- DIST~ SUB. LOT · ~ .~ ~ ~ .. EES. L,g~'O SEAS. VL. FARM COMM. CB. ND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION r NORMAL BELOW ABOVE ~ Acre Value Per Value Acre le le 2 e 3 and ~land FRONTAGE ON W~ and FRONTAGE ON RO Plot DEPTH- BULKH~D DOCK Mkt. Value NEW FARM Tillable Tillable Tillable Woodlc~nd Swaml WATER ,,,,t. ~ ~ Brushlond / ~ouse '/3~ OWNER FORMER OWNER LAND IMP. TOTAL OF $OUTHOLD P'~ROPERTY RECORD CARD STREET f--FARM JDATE __ DISTRIfi SUB. LOT COMM. lIND, TYPE OF BUILDING NEW N Fa rm Ac re la,Ne 1 Tilbble 2 {illoble 3 Ncodlond ,wampland ~rushiond 'louse Plot ue Per Acre VaJue M. Bldg. Extension Extension Extension Garage {::o0O- ' Foundation Both Ext. Walls Interior Finish Fire Place Heat Porch Porch j~riveway Attic Rooms Ist Floor Rooms 2nd Floor ~~ S th Id Tow B d lApp Is ~ TELEPHONE (5'i6) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to call our office, 765-1809. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk Town of Southold Board of Appeals COUNTY OF' SUFFOLK Department of Plannin~ 360-5206 June 9, 1986 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determina- tion. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Mtm~cipal File Number(s) Gary Doroski Warren & Mary Brady 3396 3469 Very truly yours, Lee E. Koppelman Director of Planning Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI 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 ZII , Section 100-32 Variance from Determination of Southotd Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3469 Applicant: Mr. and Mrs. Warren Brady Location of Affected Land: 3500 Private Rd. #13, off N/s County Tax Map Item No.: 1000-105-01-5 Within 500 feet of: Town or Village Boundary Line Bergen Ave,Mattituck NY XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owned Land State or Federal Park or Existing or Owned by the County or for Which The County Has Lines, or __ Within One Mile of a Nuclear Power Plant Within One Mile of An Airport, COMMENTS: Applicant is in the frontyard area Proposed Right-of Way of Any Stream or Drainage Established Channel Channel requesting permission to locate accessory barn Copies of Town file and related documents enclosed for your Dated: June 3, 1986 _~__~ ,_~x~_~ C.,~2~/~_~_~ Secrejfary, Bo~A-F~-~I s review. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 BOUTHDLD, L.I., N.Y. 11=J'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN 3 ~ 1 986 CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Notice of Determination of Non-Si~nificanc~ Apri ] S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLAP~TION APPEAL NO.:- 3469 PROJECT NAP[E: WARREN AND MARY BRADY 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: DESCRIPTION OF ACTION: accessory barn structure in ~ ] Type II [ ] Unlisted [ ] Variance for permission to locate the fr0ntyard area. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 3500 Private Road #13 (Wes~ of Ruth Road Sunset Kn0]]s Subdivision), Mattituck, NY; ]000-]05-0]-005. REASON(S) SUPPORTING THIS DETEP~INATION: (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) Location of proposed accessory barn structure is landward of existing dwelling and other structure(s)~ ~ (,3) , Location of I~rop(~sed accessory barn structure is at elevations 10 or more ~ee~ aoove mean sea ievei. FOR FURTHER INFOP~MATION, PLEASE CONTACT: Linda Kowals~i, 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 APPEALS BOARD MEMBERS GERARD P. GOEHRiNGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals htAIN ROAD- BTATE ROAD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 June 2, 1986 Mr. and Mrs. Warren Brady 3500 Private Road #13 Mattituck, NY 11952 Re: Appeal No. 3469 (Variance) Dear Mr. and Mrs. Brady: 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. In the event your application has been approved, please be sure to return to the Building Department for their authoriza- tion of any new construction, or for other written documents as may be 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, Enclosure Copy of Decision to: Building Department qr. Spencer T. Fisher GERARD P. GOEHRINGER CHAIRMAN By Linda F, Kowalski Secretary (as Agent) TH~ ~DF_.N'IXJRE, madefl~e 6th dayof July ,ffineteehhundred ~d BE13Awt~N STAHLEY SLEDJESKI, residing at~ Ruth Road, Mattituck, New York grantor, S. R~vxo~$b~xo~nd WARREN B. BRADY and MARF BRADY, his wife, both residing at DO ~ ~[~ ~ ~ Mattituck, New York WITN~, that th, seventy-eight dot -" :: "' party of ~..~[.~t[l]art, in coqsideratio, of grantees, :N ($10) ..................................................... dollars, lawful money of the United States, paid grantees grantees by thet0a~oC~hzxl~allamt2palX, does hereby grant and release unto the_.~/lo~kfl:~xXlw..madxlx~t, the heirs or successors and a.ssigns o£ the party of the second part f6rever,/~for the purpose of ingress and egress and overground or underground utility connections, if any, to and from the premises owned by the grantees as conveyed ~yi~g~k~ by Rose Rosenburg by deed dated January 12, 1965 as reCorded in the offices of the Suffolk County Clerk in Liber 5688 at page 482, a private right of way bounded and described as follows: BEGINNING at a point formed by the intersection of the westerly and southerly boundary lines of property owned by Stanley Sledjeski as represented on a minor subdivision plan prepared by Howard W. Young, surveyor, dated December 27, 1973 and approved by the Planning Board, Town of Southold, as "Minor Subdivision #90" on April 30, 1974; RUNNING THENCE from said point or place of beginning north 23° 58' 10" west 50.02 feet; '~ THENCE north 67° 37' 20" east approximately 360.48 feet~to a point;. THENCE north 22° 56" 50'I west 127.34 feet to a point; .I] THENCE north 71° 39' 20' east 50.16 feet to a Doint; THENCE south 22~ 56' 50" east 147.81 feet to a-point; ~ --~ ~HENCE south 22° 23' 30" east 26.00 feet to a point; ~_~6~ THENCE south'67~ 37' 20" west 409.36 feet to the point or lace of srm ZN . ~id easement shall be an easemen~ appurtenant to the premises owned by the grantor and shall be in addition to and shall in no way diminish or restrict rights of ingress and egres~ available to the grantees as of the time of granting of easement. - T~wifii~crc~, i~-any, c,f t~c ~.a . d tn any ~*reet~and ~~~~ ' ,_ -~[ tlm rai~ of~= firzt ~ in"~d to TO~~~~~exn giante~te t~e ~-~" ~' "-'-c--~ .... ~* ~r ~cceb~rs and assigns of the ~rty of the second pa~ forever.- ' ,,,~ 1,~~' ".'~; ......... ~ ..... , ~F[ as aforesaid. .... iur fid~ cv,,~ ~,,d will :.,:.l the ~igh~ to .[metve~u~h ?nsid: e ' ]e fir~~~ay]n~ :f t!,~ :,..?.'.-~...~,,t and ~;11 apply an~ ~e word "pa~y" shall ~ ~nstrued as if it r~d "parties" whenever the sense of this indenture m requires. l~ ~1'1-~ ~[OF~ the ~rty of the first pa~ ~ duly exec~ this deed the day ~d y~r first a~ve written. IN PRESENCE OF: S tanley//~l~d~ e sk~f STAT~ OF N~ YOI~ COU~ OF u~ ~r~ly ~e St'anley Sledjeski ~ me ~o~ to ~ ~e in~vid~ d~cH~ in ~d who ~t~ the for~ng inst~ent, ~d ~wl~ged ~t PUBLIC, ~t~ ~f ~ 5~-74~250G · 8t~ffolk Count~,. ,G~mlt~m Expirm Ma~h SOt STATE OF NEW YOLK, COUNTY OF On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said'instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and ithat he signed h name thereto by like order. STATL) OF NEW YOlUr]t)UNTY OF ss: On the da~,V 19 , before me p~rsonaUy came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the ~rne. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tlon, and that he signed h name thereto by like order. Wit H COVENANT AGAINST CRANTOR'S ACTS TITZ~ No. STANLEY SLEDJESKI SBCTION BLOCK LOT COUNTY OR TOWN TO WARREN B. BRADY and ~IARY S. BRADY, his wife Recorded At Request of The Title Guarantee Company RBTURN BY MAlL TO: TITLG GUARANTGG- NGWYORK TWOMEY & LATHAM, ESQS. 33 West Second Street'~'~g Riverhead, N.Y. 11901 Zip No. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRtGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS .JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN R[3AD-STATE ROAD 25 5[3UTHI3LD, L,I,, N.Y. 11971 TELEPHONE (516) 765-1809 March 6, 1986 Mr. Spencer T. Fisher P.O. Box 867 Riverhead, NY ll901 Re: Appeal #3469 - Mr. and Mrs. Warren Brady (Variance) Dear Mr. Fisher: This letter will confirm our conversations that in reviewing the right-of-way shown on November 4, 1965 survey submitted with the above variance application, we were not able to find town approval pursuant to New York Town Law, Section 280-a. You also mentioned that the Brady's may have access over the 50' right-of-way off of Ruth or Stanley Road, and that you:would furnish us with a copy of that deed or other proof, and/or a copy of 280-a town approval. Without token approved access Town Law, Section 280-a, the town issue a building permit. as required by New York is without authority to Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski G TEST HOLE NOTE: · ~ MOA/OMEN T EL£VAT/ON$ AR~m REFER~mNCEO tO AN ASSUMED DATUM. AR£A$ RI;HTOIc WAY -' L ISZ ACR£S LOT I = TOT4L = 8.~ ACRES OWNER: STANLEY SLEDJESKI RUTH ROAD MATTITUCK, N.Y. /, UN&UTH©RIZED ALTERATION OR ADOITION. TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUC.~T!~N of r~erb..dwi~ or f~erlY now form REVISIONS JAN. 8~ 1974 JAN. :51,1974 YOUI~iG & YOUNG 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK ALDEN W. YOUNG HOWARD W, YOUNG I''= 100' I DAT£: DEC. 27, 1975 Southold Town Board of Appeals MAIN RaAD- STATE RnAD 25 5EIUTHOLD, 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. SAWlCKI Notice of Apri 1 S.E.Q.R.A. NEGATIVE ENVIRONF[ENTAL DECLAP~TION 3, 1986 Determination of Non-Si~nificanc~ APPEAL NO.:. 3469 PROJECT NAME: WARREN AND MARY BRADY 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 [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for permission to ]0cate accessory barn structure in the frontyard area. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 3500 Private Road #]3 (Wesf of Ruth Road, Sunset Knolls Subdivision), Mattituck, NY; 1000-105-01-005. REASON(S) SUPPORTING THIS DETEPJ~INATION: (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) Location of proposed accessory barn structure is landward of existing dwelling and other structure(s), ~ (,3) . Location of ~rop(~sed accessory barn structure is at elevations 10 or more ~ee~ aoove mean sea ievei. FOR FURTIIER INFOP~TION, PLEASE CONTACT: Linda Kowalski, 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. ]k ~ 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 Meet- ing commencing at 7:30 p.m. on THURSDAY, APRIL 3, 19~6, and as follows: 7:35 p.m. Appeal No. 3396 -- GARY DOROSKI for a Vari- ance to the Zoning Ordinance, Article XI, Section I00-119.2(B) for permission to locate proposed pool with decks and fence enclo- sure within 75 feet of wetlands and highwator mark, at 425 Monsell Lane, Cutchogue, NY; Norwald Subdivision Filed Map No. 1275, Lots 31-35 inclusive; County Tax Map Parcel No. 1000-97-08-27. 7:40 p.m. Appeal No. 3482 -- JERRY SHULMAN for a Spec- iai Exception to the Zoning Ordi- nange, Article IX, Section 100-90 for permission to change use of a i portmn of existing building to building-material storage in iconjunction with existing ag- r/cultural storzge and agricul- tural.office, at premises referred to u 11950 Sound Avenue, Mat- tituck, NY; County Tax Map Par- gel No. 1000-141-03-41. 7:45 p.m. Appeal No. 3473 -- JOSEPH A, CASSIDY, JR. for a Variance to the Zoning Ordi- frontage along Reydon Drive, set off from premises to the north presently of J. Rich of 55,831 sq. f~ in area and 135' frontage (lot width). Property identification: County Tax Map Parcel Nos. 1000-79-05~23.1 and 22.1, I~- catod along the west side of Reydon Drive, Southold, NY. 7:50 p.m. Appeal No. 3451 -- BEDELL WINERY for a Spec- ial Exception to the Zoning Ordi- nance, Article Ill, Section 100- 30-(B)[14] to establish winery use from grapes grown on the premises, 36225 Main Road, Cutchcgue; 1000-85-02-10. ire- cessed from 3/13/86). 8:00 p.m. Appeal No. 3476 - ROBERT AND CHARLOrrg WISSMAN for a Variance to the Zoning Ordinance, Article Xll, Section 100-121 to seek relief from conditions placed by prior Appeal No. 2006 in the Name of Claire Bredy and Others dated February 27, 1975, which condi- tionally granted use of lot for mooring dock and storage build- ing (Article Ili, Section 100- 30(B )[9]) and insufficient lot area and width (Bulk Schedule), to allow the construction of a single-family residence. Loca. tion of Property: 715 Gull Pond Lane, Greenport, NY; County Tax Map No. 1000-35-04-007.6 (referred to as Lot "C"). 8:10 p.m. Appeal No. 3481 - PORT OF EGYPT ENTER- PRISES, INC. for a Special Ex- ception to the Zoning Ordinance, Art/cie VHI, Section 100-80 for of 58,484 sq. t~. parcel with 135' ~C-Li~, ~lustrial Zoning Dis- MICHAEL HERBERT for a nance, Art/cie III, Section 100- "Bed and Breakfast'.typo use, or "an owner~occupied building, other than a hotel, where lodging WIl,l.l~.l~ KREITSEK for a Variance to the Zoning Ordi- nance, Article III, Section 100-32 (and/or Section 100-30A) for per- mission to locato private, fenced- in tennis court together with 12' by 12' gazebo on stilts on vacant premises adjacent to residence of the applicant and referred to as 9030 Soundview Avenue, South- old, NY; George Penny IV Filed Subdivision dated April 11, 1974; County Tax Map Parcel No. 1000-59-07-27.2 and 27.1. 8:40 p.m. Appeal No. 3471 -- NICHOLAS TSIRKAS for a Variance to the Zoning Ordi- nance, Article XI, Section 100- 119.2(A)[1] for permission to con- struct single-fam/ly dwelling with an insufficient setback from edge of bank along the Long Is- land Sound. Location of Prop- erty: North Side of Sound Av- enue, Greenport, NY; Eastern Shores Subdivision Map 4586, Lot 113, County Tax Map Parcel No. 1000-33-01-11. p8:50 p.m. Appeal No. 3469 ARREN AND MARY RADY for a Variance to the ning Ordinance, Art~le IH, on 100-32 for p~rmission te acce~ory barn in the fron- ! area, at premises referred as 3500 Private Road ~13, off e north side of Bergen Avenue, ttit~ck, NY; County Tax Map I No. 1000-105-01-6. "~ The Board of Appeals will hear-~ at said time and place all persons or representatives desiring to be heard in each of the above mat- ter~. Written comments may also be submitted prior to the conclu- sion of the hearing in question. For more information, please call 765-1809. Dated: March 13, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN 1TM27-5198 STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Mary ~. Degnan ofGreonport, in said County, being duly sworn, says that he/she is 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 is a printed copy, has been regularly published in said Newspaper once each week for One weeks successively, commencing on the 27 day of Ma r~h 19 86 Pringiba[ befor~ ~e t~i, ~' ~ ANN M. ABATE Sworn to ~ of /~///;, I~O~A~-PUBL~C, State of New YO~  ' -- 5~f0fk County ~ ~ ~ ' ~Term ~xpwes M~rcl~ NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, 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 thc Soathold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, APRIL 3, 1986 and as follows: 7:35 p.m. Appeal No. 3396- GARY DOROSKI for a Variance to thc Zoning Or- dinance, Article XI, Section 100-119.2(B) for permission to locate proposed pool with decks and fence enclosure within 75 feet of wetlands and highwater mark, at 425 Mousell Lane, Cut- chngue, NY; Norwald Subdivi- sion Filed Map No. 1275, Lots 31-35 inclusive; County Tax Map Parcel No. 1000-97-08-27. 7:40 p.m. Appeal No. 3482- JERRY SHULMAN for a Special Exception to the Zoning Ordinance, Article IX, Section 100-90 for permission to change use of a portion of existing building to building-material storage, in conjunction with ex- isting agricultural storage and agricultural office, at premises referred to as 11950 Sound Avenue, Mattituck, NY; Coun- ty Tax Map Parcel No. 1000-141-03-41. 7:45 p.m. Appeal No. 3473- JOSEPH A. CASSIDY, JR. for a Variance to the Zoning Or- dinance, Article III, Section 100-31, Bulk Schedule, for ap- proval of 58,484 sq. ft. parcel with 135' frontage (lot width). Property identification: County Tax Map Parcel Nos. 1000-79-05-23.1 and 22.1, located along the west side of Reydon Drive, Southold, NY. 7:50 p.m. Appeal No. 3451- BEDELL WINERY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30-(B)[14] to establish winery use from grapes grown on the premises, 36225 Main Road, Cutchogue 1000-85-02-10 (Recessed from 3/13/86). 8:00 p.m. Appeal No. 3476.- ROBERT AND CHARLOTTE WISSMAN for a Variance to the Zoning Ordinance, Article XII, Section 100-121 to seek relief from conditions placed by prior Appeal No. 2006 in the Name of Claire Brody and Others dated February 27, 1975, which con- ditionally granted use of lot for mooring dock and ·storage building (Article III, Section 100-30(B)[9] and insufficient lot area and width (Bulk Schedule), to allow the construction of a single-family residence. Loca- · loin of Property: 715 Gull Pond Lane, Greenport, NY; County Tax Map No. 1000-35-04-007.6 (referred to as Lot "C"). 8:10 p.m. Appeal No. 3481- PORT OF EGYPT ENTER- PRISES, INC. for a Special Ex= ception to the Zoning Or- dinance, Article VIII, Section 100-80 for permission to in- stall/relocate marine fuel storage tanks in this "C-Light" Industrial Zoning District, at 6230 Main Road, Southold, NY; County Tax Map No. 1000-56-6-3.2, 3.3, 4, 6, 6.1. COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ................... /. ...... weeks successively, commencing on the ......... .~.). ~ ....... Sworn to before me this c~ day of 8:15 p.m. Appeal No. 3472- MICHAEL HERBERT for Variance to the Zoning Or- dinance, Article III, Section 100-30(A) for permission to establish '?Bed and Breakfast"- type use, or "an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than nine persons:' Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel' No. 1000-140-2:23. Zoning District: A-Residential and Agricultural. 8:20 p.m. Appeal No. 3418- GRETCHEN HEIGL for a! Variance to: (a) the Zoning Or- dinance, Article III, Section 100-31, Bulk Schedule for ap- proval of insufficient lot area and width in this proposed divi- sion of property, and (b) New York Town Law, Section 280-a for approval of access to pro- posed Lot No.l over a private right-of-way located along the easterly side of the subject p_r_e~i, se~. L~_ a~ion of Property '~-a.n~l right-of-w~'-Io~'atecl along~ ,~. the easterly side of the subject] Qt~iSe~- LO¢~!ioILO f Prnp~rty~ V, and Right-of-Way in Question: -North side of Sound View Avenue, Southnid, NY; County Tax Map Parcels No. · 1000-68-1-14 and 15.1. 8:25 p.m. Appeal No. 3477- WILLIAM AND (KATHERINE HEINS for a Variance to the Zoning Or- ~.dinance, Article III, Section ,100-31, Bulk Schedule for ap- ~: proval of insufficient area, ~, width and depth of two parcels in this proposed division located .~ along the north side of Main ,~ Road, Orient, NY; County Tax ~.,Map Parcels No. I000-19-2-5 and 6. Notary Public BARBARA FORBES ~otm'y -Pub!lc, 8tate of New York No. 48568~6 Quallq~d in Suf~o;k County ~ommlsmon Expires ~/ 19 ~ 8:35 p.m. Appeal No. 3488- WILLIAM KREITSEK Variance to the Zoning Or- dinance, Article III, Section . 100-32.(and/or Section 100-30A) for permission to locate private, fenced-in tennis court together with 12 ' by 12' gazebo on stilts on vacant premises adjacent to residence of the applicant and referred to as 9030 Soundview Avenue, Southold, NY; George Penny IV Filed Subdivision dated April 11, 1974; County. Tax Map Parcel No. 1000-59-07-27.2 and 27.1. 8:40 p.m. Appeal No. 3471- NICHOLAS TSIRKAS for a Variance to the Zoning Or- dinance, Article XI, Section 100-I19.2(A)[1] for permission'to construct single-family dwelling with an insufficient setback from edge of bank along the Long Island So,nd. Lo~. tion of Property: North Side of Sound Avenue, Greenport, NY; Easteru Shores Subdivision Map 4586, Lot 113, County 7hx Map Par~ cie No. 1000-33-01-11. · /"'"8:50 p.m. Appeal No. 3469-~, / WARREN AND MARY . I BRADY for a Variance to the { Zoning. Ordinance, Article 11I,/ ~ Section 100-32 for permission to'F [ locate accessory barn in the~ / frontyard area, at premises refer-~ / red to as 3500 Private Road No] / 13, off the north side of Berg~an/ Avenue, Matittuck, NY; Coun-I ty Tax Map Parcel No.! 1000-105-01-5. ~ The Board of Appeals wit[ hear at said time and place all persons desiring to be heard in each of the above nlatters. Writ- ten comments may also be sub- mired prior to the conclusion of the hearing in question. For more information, please call 765-1809. Dated: March 13, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN IT-3/27/86(12) TOWN OF SOUTHOLD, NEW YORK DATE ..~.../..~..~.. .......... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, (We)...~..~.:....~.....~.~..s..,.....W.~a. EK.,e..n.....B..~.~.~:y'. ........ of ...... ]3..0..0....~.Y.'.1;.,...~.~,....~.3 ................................ Name of Appellant Street and Number ........ .~..a...t.~.~_.~u...c..k. .................................................................. ~e~w...~'.clE~ ...... 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 ( ) ( ) (x) Name of Applicant for permit of 3500 Pvt. Rd. 13 Mattituck New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to construct accessary barn 1. LOCATION OF THE PROPERTY ................................................................. ; ................................... Street Use District on Zoning Mop ...lOOO.....s...eqt~ .lO..5.~block 01, lot 5 Current O~ner IVlr & Mrs, W. Brady 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.) Article III, Section 100-~2 3. TYPE OF APPEAL Appeal is made 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) (~ 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 ~ A Variance to the Zoning Ordinance ) ~s requested for the reason that Form ZB1 (Continue on other side) FOR APPEAL C0nlh~u~d 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because The owners home, which is situated on top of the bluffs facing the Long Island Sound, does not have any 'front yard terrain suita- ble for building. 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 This particular hardship is unique to the area, and does not only affect the applicants property, but affects all properties along the sound in this area. CtiARACTER OF THE DISTRICT because Due to the properties uneven front yard buildings in the area must be built in the a variance. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE topography all aeeessary rear yard, which requires STATE OF NEW YORK ) ~~....r~ ) ss .......... gi 2;i; 7; ............................. COUNTY OF ) Sworn to this .......... C~.~.. ............................. day of ........ "/U..~ ................................... 19 ~ Notary Public HELEN K. DE VOE li~t' PUBLIC, State Ne. 4707878, $u.~1~7 Term Exmres March ~, BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter cT the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~ (Special Exception) (Special Permit) (Other) [circle choice] ). 2. Thattheproperty whichisthesubiectofthe ~titionislocatedadiacenttoyourpropertyandisdes- cribedasfollows: 3~00 Pvt, Rd, Tax maD # 1000, Section 105, Block 01, Lot Owned by Mr. & Mrs. Warren Brady 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: Residential & Agricultural 4. That by such Petition, the undersigned will request the following relief: A rear yard zoning variance to construct a 30'x 48' accessary building. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sectic~ 100-)2 [ ] 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. (516) 765-1809. 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: 2/18/86 Owners'Names: Spencer T. Fisher, Inc. Post Office Address P.0, Box 867 Riverhead, N.Y. 11901 NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIP' ADDRESS STATE OF NEW YORK ) COU,bi-T~OF SUFFOLK.~/ss': ,..._~' ' , re ga , /l' ~'~ (~tF being duly s~'orn deposes and says I;ilat on ne ~ day of I ! ~ ~ ,19 ~._.~. deponent mailed a true copy of the Notice set forth on the re- verse s~de hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices w~mailed al the United States Post Of- fice at __ ; that said Notic~wer~ mailed to each of said persons by (certified) (registered) mail~-- -- ( / // ~:o~r~to~before me th.s 'c~O ~ Notary Public "~--II~. (This side does not have to be completed on form transmitted to adjoining property owners.) JUDITII T TERRY TOWN Gl. IRK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 20, 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. 3469 application of Mr. and Mrs. Warren Brady for a variance. Also included is Notice to Adjacent Property Owners; Short Environmental Assessment Form; letter relative to N.Y.S. Tidal Wetlands Land-Use; CO and Notice o£ Disapproval from the Building Department; and survey. Jud~i~h T. Terry Southold Town Clerk Page 4 Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 3, 1986 Copies of the 3-page Legal Notice of Hearings to the following on or about March 25, 1986, with transmittal form: Mr. GarS Doroski, 425 Monsell Lane, Cutchogue, NY 11935 Mr. Jerry Shulman, P.O. Box 41, Port Jefferson Station, NY 11776 Mr. Joseph A. Cassidy, Jr., 39-17 222nd St, Bayside, NY 11361 Mr. Merlon Wiggin, Peconic Associates, Greenport, NY 11944 as agent for BEDELL WINERY as agent for PORT OF EGYPT ENTERPRISES Rudolph H. Bruer, Esq., Main Road, Southold, NY as agent for ROBERT AND CHARLOTTE WISSMAN as agent for MICHAEL HERBERT as agent for WILLIAM KREITSEK as agent for NICHOLAS TSIRKAS 11971 Michael J. Hall, Esq., Youngs Avenue, Southold, NY 11971 as agent for GRETCHEN HEIGL Anthony B. Tohill, P.C., Box 744, Riverhead, NY ll901 as agent for WILLIAM AND KATHERINE HEINS Mr. and Mrs. William Heins, Main Road, Orient, NY 11957 Town Clerk Bulletin Board ZBA Bulletin Board Building Inspectors (4) ZBA Members ZBA Individual Files with Affidavits of Publication FORM NO, 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No ..... fi' .. 9 .~O[~. ......... Date ......................... Ap~.i].....2~. ......... , 19.66.. THIS CERTIFIES that the building located at N/S...pv.~..RoaiJ~/...jj/...jj~lllj.t..R~)alj .... Street W/, Capt kidd Est & O. Pike Eto .ALS..0 Pvt Road off N/ Bergen '~e Map No. Sock No .......... Lot ,~o. '' Ma-tt.i. taek.t .-..N.,.E~ .......... conforms substantially to the Application for Building Permit heretofore filed in this office dated .................................... ,TUlle ....... .ii ........... , 19.6~.. pursuant to which Building Permit No. doted ............................ ~'~.....9. .......... , 19~..., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ........ P~vata...one..~aml~y... 4~1~n$ ................................................................................................. The certificate is issued to l~a~erl..&....a, ary..lh~ad.y ...................... O~ler. s .................................. (owner, lessee or tenant) of the aforesaid building. H.D.Approval ~eb. 3, 1966 by R. Villa Building Inspector (Today's Date) To: Southo!d Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Mr. & Mrs. Warren Brady Location of Property: _~500 Pvt. Rd. 13 ~attituck Tax map~ 1000, Sect.105, Block 01, Lot ~ 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 prcperty i.n the within appeal application: (pl~.a~_ check one bo:<) [ ] May be located within 300 feet of tidal wet].and..~; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length. ~ [ ] May b'e 'located within 300 feet of tidal wetlands however, constructed along the water-lying edge of this property is a bulkneac in need of (mznor (major) repairs, and approximately feet in length. [ ] May be located within 3.00 feet of tidal wee!ands; 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 tid~i wetlands; .and there is no bulkhead or concrete wall existing on the premises. -ix] Is not located within 300 feet of tidal wetlands to the best of iny knowledge.* [Starred items~(*) .indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] SincC~y°urs' (Signa t~r= please) NOTE: If proposed project falls witgki~D.E.C, jurisdiction, approval must be received an~ submitt6d to our office before your application can be scheduled for a public hearing. mission of thi ore, and an environmc!ntal~leviuw will be made by this before any action is ta~l~n. (a) In 6rd~r to answer the questions in thio short £A? !e is assumed that the pre?arer will use currently available in£o~'~tlcn concerntnq the proJec: and ]~kely lm~ct~ o~ the action, It is not ~ected that addi%!or.al 2~udlo~ or c~her lnves~tga~lonn w~l be ~der~aken. (b) If any ques%~on ham been an~wor'ed Yem ~he pro~ec~ ~y be mt~lficant and cc~p!eted Envirc~:qn~a~ Asmesom~n: Fo~ t~ (¢) If all qu~s~1ono h~w been answored ~o l~ is ltkoly tbm: ~h~s projsc~ (d) ~nvironnen:a! 1. Will project ro~t In a large physical cb~n~e %~%n 10 acres of land? . , . , . . . . Yes .~ ~fO ' 2. Will there be a ~Jor change to any ~lque or unusual land fo~ fo~d on the site? , -- Yo~ ~ No 3. W~i project alter or ~ve a larE~ effect on an existln& body of water? , , , , . , * Yes No G. W~I proJec: h~vo a po:en:ially large L~c% on / ~o.~dwate~ quality? ' · · ' ' , · Yes ~ ~. W~! project si~iflccntly effect drainage ~ on adjacent sites? ........ .. Yes 6, Will project affect any t~eatened or endangered plant or anL%~l ~pecic~? . . , , . , , Yes . No 7, W~I project reset In a major ,dyers, effect on W~i project have a major effect on visu,1 9. W~ll project adversely ~pac% any alto or ute of hl~:oric, pre-ai~:oric, or palbon:olo&lcul importance or any site deal~ated aa a crltica~ er, viro~en~l area by a local agency? . · Yes .... ~No 10. W~I project have a ~mJot effect on existS& or future recreational opport~itieo? · · · Ye~ _~/ 11. Will project result ~n meier traffic problems or cause a major effec% to ex~a%lnK transportation 12. Will project ~eE~arl7 cause obJectionabl~ odors, noise, ~lare~ vibration, or electrical distur~ ance an a reset of the project's operation? . Ye~ .. _ 1), Will project h.]ve any impact on public health or 1L, Will project &fleet %he existin~ co,unity by d!rectly causin4 a ~rcwth in ~ermanent period e~ have a major negative effect on character o~communl%y ~r neighborhoodS.. . Ye,