Loading...
HomeMy WebLinkAbout342312960 Main Road 31 East Marion, ~ ~,~.~ 14 10 Burton, Edward 10/28/85~3423 storage~shed accy building in sideyard Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3423 Application Dated October 28, ]985 TO: Mr. and Mrs. Edward Burton P.O. Box 148 East Marion, NY 11939 (Publ~ ~e~r9%q ,1'-2/12/85) [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 ]00-32 [ ] Request for Application of EDWARD AND NORMA BURTON, 12960 Main Road, East Marion, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to locate accessory storage 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. WHEREAS, a public hearing was held and concluded on December 12, 1985, concerning the Matter of the Application of EDWARD AND NORMA BURTON under Appeal No. 3423; 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 it~.sur~oqgdi.pg~arga.; 9nd WHEREAS, the board made the fol'lowing findings of fact: 1. The property in question is located along the south side of Main Road (S.R. 25), Hamlet of Orient, in an "A" Residential and Agricultural Zoning District, contains an area of approximately 7500 sq. ft. with 36' frontage along the Main Road and average lot width at the building setback line at 55 feet, and is identified on the Suffolk County Tax Maps as District 1000, Section 31, Block 14, Lot 10. 2. Existing upon the subject premises is a single-family two-story dwelling structure having a livable area of 777 sq. ft. 3. By this application, appellants request permission to locate a private 8' by 12' accessory wooden storage building in the front and/or side yard area to be situated not closer than 100 feet from the front property line and not closer than five feet to the westerly side property line. (CONTINUED ON PAGE TWO) DATED: January 1~3, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3423 Matter of EDWARD AND NORMA BURTON Decision Rendered January 9, 1986 4. It is the opinion of the board that the nonconforming narrowness of this parcel lends to the difficulties in locating the accessory building in the rearyard, as well as the necessity of a variance under the requirements of Article XI, Section 100-119.2 concerning setbacks from wetlands ~or waterways. ~ ~ ., 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. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to GRANT the relief requested under Appeal No. 3423 in the Matter of the Application of EDWARD AND NORMA BURTON for permission to locate a private 8' by 12' accessory storage building in the front/side yard area, SUBJECT TO THE FOLLOWING CONDITIONS: 1. This accessory building shall not be used for habitable or sleeping purposes at any time (storage only); 2. This accessory building shall be placed lengthwise (12' deep, 8' wide); 3. This accessory building shall be no closer than 100 feet to the road (fro~nt.prope~rty line);: ~ .. ~ , 4. This accessory building shall be' no closer than five feet to the west side property line. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Douglass. (Members Grigonis and Sawicki were absent.) This resolution was duly adopted. lk GERARD P. GO~EHRINGE~, CHAIRMAN January 13, 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 fOWN BOARD'OF APPEALS-at the Southot.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 V-ariance to the Zoning Ordin-ance, Article III, Section- 100-32, for permission to locate accessory storage shed in an ar-ea .other than the required rearyard at premises known as 12960 Main Road, East Marion, NY; - County Tax Map District lO00, Section 31, Block 14, Lot tO. - 7:40 p.m. Application for EMILIA T. PIKE, Main Road, Mattituck, NY for a Variance-~o the Zon-ing Ordinances-Article III, Section 100~31, Bulk and Parking Schedule, for approval of insufficient area of proposed Parcels 1 and 2 and insufficient frontage (lot width) of Parcel 1~ in thi~ proposed 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 Speci-al Exception to the Zoning Ordinance, Article VII, Section 100-70(B)[4] for permission 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 l, Lot 19.6. 7':50 p.m. Application of HOWARD AND BARBARA DILLINGHAM, P.O. Box 488, Southold, NY for a Variance to the Zoning Ordi- nance, Article III, SectiOn lO0-.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 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 of land, premises located on the nor.th side of North Road (C.R. 48), Greenport, NY; Suffolk County Tax Map District 1000, Section 40, Block 01, Lot 20, containing a total area of 5.20± acres. 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 242 1985). 8:10 p.m. Application for PAUL AND MARY FLEMING by Eastern Windpower Inc., Osborne Avenue, Baiting Hollow, NY 11933, for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Section 100-30(C) for permission to erect a wind tower exceeding 18 feet'i-in height fo~ the purposes of producing electricity~ at premises known as ~35675 ~Route 25, Orient, NY~ County Tax Map District 1000, Section 19, Block 2, Lot 10. 8:15 p.m. Application for GAIL DESSIMOZ AND MICHAEL RACZ by J. Douglas Peix~ 208 Fifth Avenue, New York, NY lOOlO, for a Variance to-~he Zoning Ordinance, Artic~le XI, Sections lO0-118(E) and 100-119.2, for: (a) permission to renovate and expand existing nonconforming cabin [guest cottage without sleeping facilities] exceeding 50% of value a~d square footage of same as exists~ (b) permission to construct addition to existing nonconforming cabin withih 100 feet of bluff along the Long Island Sound~ at premises known, as 4255 Private Road #10 (Hallock Lane), Matt~tuck, NY; Coun.ty Tax Map District 1000, Section t12, Block Ol~ Lot 004. 8:25 p.m. Application of ROBERT A. CELIC, Box 1247, ~atti- tuck, NY for a Variance to the Zoning Ordinance, Article VII, Page 3 Legal Notic~ of Nearings 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 60 feet from property abutting th~ Main Road, the nearest street intersection. Premises located on the east side of Marlene Lane, Mattituck, NY; County Ta× Map District 1000, Section 143, Block 3, Lot 1. The Board of Appeals will hear 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, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. 'GOEHRINGER, CHAIRMAN Instructions to Newspapers: Please publish once, to wit: ~hursday, 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 !2/2/85: Suffolk Times L.I. Traveler-Watchman Town Clerk Bulletin Board Mr. and Mrs. Edward Burton Abigail Wickham, Esq. for Pike and LI Shores Mr. and Mrs. James Tyler Mr. and Mrs. Howard Dillingham 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 V, ESQ. (Re: Rapanakis) ZBA Members ZBA Individual Files Town Board TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .... .o~..~.,. ...a-A,<., .~...~-..Iq.: ,. ....... PLEASE TAKE NOTICE that your application dated ...C~. ~...~. ........ ,19 .~, .~,. for p,n~it to C~X~.~...O,.~.~,~.~~o~. .................. at House No, Street H~mlet County Tax Map No. 1000 S~c~on ...~ ~ ~ ...... Block ..... t.~ ....... Lot ...~. [ ~ Subdivision ........ - ......... Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~.~..~. [Y~.' >4 ......... )~'" '~ ~'t" ~' q' ~ ................... RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.~/'~/~' -~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ...~...~..~.£~....~,...~..~..~.~.~.~......B...~..ZV..ZT~..~,. of ,..../.~...~-.~..~.....,./~...~.,./..~......~...?.. ........................... Name of Appellant Street and Number .... ~.~......~/~'/~z~.z~.. ............................................................ ~..-~,;, ......... 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 of ( ) ( ) (~ Street and Number PERMIT TO USE PERMIT FOR OCCUPANCY Name of Applicant for permit .... /.. & .......................... Municipality State LOCATION OF THE PROPERTY ........ ./.~.~...ff,..~..~........~....~.Y.~...... ,Z~...~.....,.~,~.~.~'..~....oZ~.~Z,~'4.~....~........~/~ Street Use District on Zoning Map ...... ~..~ .~...¢.......~].=z~..~ ,Z~.. ~ .4~...... ~ ~ Z ...... .~..../.Q. ........ Current Owner Mop No Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi.nance.) 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 made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~/) A Variance to the Zoning Ordinance ( ) is requested for the reason that ~ ~1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because vicinit, of this property and in this use district because The hardshtp created is UNIQUE and is not shared by all properties alike in the immediate 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 ) Signature Sworn ta this ...... :.~.:~...~. ........................ day of..~:: ............................... ~¢:'S~ ~j Notary D'ub]ic FORMER OWNER rSTREET VI LLAGE ACREAGE RES.~ SEAS.~ 7 VL. LAND IMP. TOTAL DATE TYPE OF BU LD NG /0;~,:~/4//~' BUILDING CONDITION Farm Acre ~Tilloble Tillable 2 Tilbble 3 Woodland Swampland _Brushland Total OF $OUTHOLD OWNER FORMER OWNER RES. LAND SEAS.. / VL TOTAL STREET FARM DATE VILLAGE SUB. LOT w ACR. ,20 TYPE OF BUILDING COMM. CB, MICS. Mkt, Volu~ Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total RE~V~RKS i¸1 Extens~gr Extension Extension Porch' Deck ~3 reezewa Garage t Foundation Ext. Walls Fire Place Pool Patio Bath Floors Interior Finish Heat Attic Rooms 1st Floor Driveway ~looms 2nd Floor ,) ~ OF APPEALS NOTICE IS HERF~Y OIVEN, pursuant to Section 267 of the Town Law and the Code ot~he Town of Seothold, the following., public hearings will be held by the SOUTH- OLD TOWN BOARD OF AP- PEALS at the Southold Town Hall, Main Road, Seuthold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, DECEMBER 12, 1985, and as foilbws: 7:35 p.m. Application of EDWARD AND NORMA BURTON, 12960 Main Road, East Marion, NY for a Veri- ence to the Zoning Ordinance, Article I11, Section 100- 32, for permission to locate asces- so~y storage shed in an area other than the required rear. yard at premises known as 12960 Main Road, East Mar- ion~ NY; County Tax Map District 1000, Section 31, Block 14, Lot 10. 7:40 p.m. Application for EMIl, IA T. PIKE, Main Road, Martituck, NY for a Variance to the Zoning Ordinance, Art- icle m, Section 100-31, Bulk and Parking Schedule, for ap- proval of insufficient area of proposed Parcels 1 and 2 and insufficient frontage (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 TYLER, 625 Merratookn Road, Matti- tuck, NY for a Special Excep- tion to.the 'Zoning Ordinance, Article VB, Section 100-70(B) [4] for permission to establish and build public garage at premises known as 679/5 Main Road, Laurel, NY; Mat~ituck Holding Co. Minor Subdivis- ion 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 Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the construction of grennhouse ad- dition with an insufficient set- back from the south (easterly) side line at not 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 7880, Lot 9; County Tax Map District 1000, Section 125, Block 1, Lot 2.018. 7:55 p.m. Application for LONG ISLAND SHORES, INC. 6 8 4 Estero Boulevard, Fort Myers Beach, FL 339;31, for a Variance to the Zoning Ordin. ance, Article I11, Section 100- 31, Buld Schedule, for approv- al of insufficient area of four proposed parcels and insuffic- ient lot widty of two proposed parcels in this pending divis- ion of land, premises located on the north side of North Road (C.R. 48), Greenport, NY; Suffolk County Tax Map District 1000, Section 40, Block 01, Lot 20, containing a total area of 5.20~ acres. 8:05 p.m. Application of STAMATIOS AND ELENI RAPANAKIS, 2030 Boisseau Avenue, Southold, NY for a Variance to the Zoning Ordin- ance, Article XI, Section 100- llS(D) for permission to rein- state nonconforming two-fam- ily dwelling use at 2030 Rois- seau Avenue, Seuthold, 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 Hol- low, NY 11933, for a Variance to the Zoning Ordinance, Arti- cle I11, Section 100-32 and Section 100-30(C) for permis- sion to erect a wind tower exceeding 18 feet in height for the purposes of producing electricity, at premises known as 35675 Route 25, Orient, NY; County Tax Map District 1000, Section 19, Block 2, Lot 10. 8:15 p.m. Application for GAIL DESSIMOZ AND MICH- AEL RACZ hv · l~,mt,c COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ................... /. ....... weeks successively, commencing on the ......... /. ........... day of ..... ~.~.C~.~.. ':- .... ,19. ~'.-:. .... ............. Sworn to before me this ........... ~. ......... day of .... .//- .~.~..~t~ ........ ,19 .... Notary Public BARBARA FORBES Notary Pubiie, State of Ne~v York No. Qual;fied in Suffolk County Commission Expires March 30, 19 Southold Town Board of Appeals MAIN ROAD- STATE RDAD 25 SI~UTHE}LD, l.l., N.Y. 119'71 .. ~-ELEPHONE (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 rec~nt 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 the public hear- ing and in order to prevenl 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, Ik Enclosure GERARD P. GOEHRINGER CHAIRMAN DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals PETER F. COHALAN 360-5206 LEE E. KOPPELMAN DIRECTOR OF PLANNING February 20, 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 determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s} Municipal File Number(s) ~Robert A. Celic Edward & Norma Burton Paul & Mary Fleming 3422 3423 3438 Very truly yours, Lee E. Koppelman Director of Planning GGN:gcc S/s Gerald G. Newman Chief Planner VETERANS M[MORIAL HIGHWAY HAUPPAUGE. El.. N£W YORK I 1 ?~18 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj71 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TELEPHONE (516) 765 1809 Variance from Determination of Special Exception, Article Pursuant to Article XIII of the Suffolk County Charter, Board of Appeals of the Town of Southold, New York, hereby Lhe following to the Suffolk County Planning Commission: × Variance from the Zoning Code, Articlehi , Section 100-32 Southold Town Building Inspector Section Special Permit the refers Appeal No.: 3423 Applicant:Edward and Norma Burton Location of Affected [and: 12960 Main Rd., East Marion, N.Y. County Tax Map Item No.: 1000- Section 21, Block 14, Lot Within 500 feet of: Town or Village Boundary Line 10 Body of Water (Bay, Sound or Estuary) X State or County Road, Parkway, ttighway, Thruway Boundary of Existing or Proposed County, Stdl(] r>~' Fed~raiiy gwnc, d I. and Boundary of Existing or Proposed County, ' ~, _ _ Stat. or Federal Park or Other Recreation Area ,_. Existing or Proposed Right-of Way of Any Stream ~)r Dy'ainag~ Channel Owned by the County or for Which The County tias [';Labli:,imd (hann,~l Lines, or Within One Mile of a Nuclear Power Plant ~__ Within One Mile of An Airport. COMMENTS: Applicant is requesting permission Lo ~gca~1se. a¢c~so~y st.o~ge . Copies of Town file ar, d Dated:February 3, 1986 related APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPH H. SAWICKI S°uthold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y, 119'71 TELEPHONE !516) 765-1809 January 13, 1986 Mr. and Mrs. Edward Burton P.O. Box 148 East Marion, NY 11939 Re: Appeal No. 3423 Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may b~ applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Suffolk County' Planning GERARD P. GOEHRINGER CIIAIRMAN By Linda F. Kowalski Secretary Commission Southold Town Board of Appeals MAIN RnAD- STATE RnAD 2.5 ESnUTHnLD, 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 R. SAWlCKI December ] 2 , 1985 S.E.Q.R.A. NEGATIVE ENVIRONMENTAl, DECLARATION Notice of Determination of Non-Significance APPEAI~ NO.: '3423 , RDJn(.T NAME: Edward Burton This notice is issued pursuant Lo Part 617 ~)f tho implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local h~w #44-4 of the Town of Sour:hold. '['his board determines cant adverse effect on the below. the within project not to have a signifi- environment for tile-r--c'asons indicated Please take fur]lief notice that,this declaration should not be consid,_~red a determination made for any el:Net department or agency which may also have {in application pending [:or th~. same er simi];~r project. '~ N TYPE OF AC1 IO : [ ] Type II ~D~ Unlisted [ ] [E,,CR1PIION OF ACTION: permission to erect accessory building in sideyard. LOCATION OF PROJECT: Town of Southold, County ~f Sbffolk, more ]~rt]cu]arly known as: 12960 Main Road, East Marion, R-Y 1000-31-14-10 REASON(S) SUPPORTING THIS DETERHfNATION: (l) An Environmental Assessmen~ in the short form has beer] :;ubmitted which indicates that no signif.ican~~dver~c, ~ · effects to [he cJ~vironment are likely t(% occur should this project be imple- zncrt, ~.'.t as planned; (2) Construction as proposed is landward of an existing bulkhead or similar type of barrier. - {3; ~is is a setback variance for proposed construction which is landward of existing construction. l.<)]{ FURTHER INFORMATION, PLEASE CO ]ACL: Linda Kowalski, Secretary, S<3uthold Town Board of Appeals, Town Hall, Sou]hold, NY 11971; tel. 516- 7{5-1809 or 1802. Copies of this notice sent to thc applicant or his agent and posted on the Town Clerk ]Jul let].n ]l{oard. t~ L.. I.... v,t~ O O b ~ ~ vxl ST ~, ~J ¢. ~" i O IV /.,4 14To PI x /V ~ IdOU JG $¢~/¢; ,'te'= l" i Legal Notices LEGAL NO~ICE NOTICE I~ HEREBY GIVEN, pursuant to !Section 267 of the Town Law .and the Code of the Town of Sonthold, the following public honrings will be held by the 80UTIIOLD / BO~n O~ A~pEAI~ at the Southold Town Hall, Main Roed~ Scuthold, NY at a Regular Mast- ~n .- Road East Marion, Schedule, f°raPProval°fthec°n' ~e at .20~0_~.B~_h~.u~A__ ~'; l~m,v ...mn ' ....... struction of°'~nhouse additio~r ~.~o~th~d, Nil County NY; County Tax Map ~nsmc~ '+~. ~.~astbackfrom f~ 1000~ S~-~tlan 1000, Section 31, Block 14, Lot wl..an ....... ~ ...... :~ _ ..... ,ReceSs~l~omO~ob · n the south(ensteriy) mae lme a,~ · o,~o.~ 8.2 ~?' .~ -- " -i-n for not less than 16 feet, and with 24, 1985). - .... 0/attituck, NY for a Variance to the Zoning Ordinance, Article III, Se/~ion 100-31, Bulk and parking Schedule, for approva~ ~ ins~fliciant area of proposed Parasls I and 2 and insufficient frontage (lot width) of Parcel 1, in this proposed division of land located at the north side of Main less than 31 feet, at premias~ pAUL AND ..M~R. YFI~_ MII~..G Mattituck, NYf~ by Eastern Wmapower inc., os- the Zfl'Ain~ ~ Article sion to establish ~ to and. from Marlane Lane f~ ~ff-street parking which willb~ ~lorated ls~ than 50 feet fro~oporty abutting the M~i~' ~d, the, Laurel', NYi Laurel Estates Enst; Filed Subdivision Map 7870, Lot 9; County Tax Map District 1000; Section 125, Block 1, Lot Z018. 7:55 p.m. Application for LONG ISLAND. :SHORES, INC., 684 Estaro Boulevard, Fort nearest street ~on. ~I'ATE OF NEW YORK ) COUNTY OF SUFFOLK ) Mary K. Degnan of Greenport, in said County, being duly sworn, says that ha/she la ~Princlpsl Clerk of THE SUFFOLK TIMES, 8 Weekly Newspaper, published at Greenport, in tho Town lng commencing at 7'~0 p.m. afl ~Ron~.Mattituck, NY; County THURSDAY, DECEMBER 12; Taxi'Map District 1000. Section tW g~5, ami ~s followS: 7:35 p,m. Application of ED. 1~, Block 3, Lot 26. ARD AND NORMA BUR- /5 p.m. Application of res, 12~0 ~nin Road, ~t ~ ~S A~O ~av tYLeR, [Marion, NYforaVarinnce~othe ~ Marrateoka Road, Mat~ [Zoning Ordinance, Article IH, .-k, NY' for a Special Exasl~ ]~-$ion 100-32, for permission ~ t to the Zoning Or~in~ee, Ar- ~ate acCeSSOry storage shed in eVll, scction 100-70(B)[4] for ,,~area other tlmn the ~ miasian to establishm~ibufld ~r~ard at premisas kno~ as t~ 'Itc garage'at ~~mheSkn°wn' e~ 6?95 ~liviSiOn LOt ~3, County Tax ~ m~mct 1000, S~on ~kl, Lot 19.6. ~:50 p.m. AppliCation of HOW- ~HGHAM, P.O. Box 488, ~athold, Bl~ for a Variance to ~ Zoning Ordinance, Article :Section 100.31, Bulk Myers Beach, FL 39931, for a Variance to the Zoning Ordi- nance, Article 111, ~tion 100- 31, ]~ulk Schedule, for approval of insufficient ama of four prop- 0as~ parcels and insufficient l.ot width of two proposed parcels m this pending division of land, premisas lscated on the north side of North Road (C.R. 48), Grasnport, NY; Suffolk County Tax Map District 10~0, Section borne Avenue; Baiting Hollow, NY 11933, for a Variance to the Zoning Ordinance, Article IH~ Section 100-32 ami Section 100- ~0(C) for pornn'asion to erect a wind tower exceeding 18 fast in height ~r the purposes ofpro~,uc- lng electricity, at prenusas known as 35675 Bouts 25, Orient, NY; County Tax Map District 1000, ~tiun 19, Block 2, Lot 10. 9:15 p.m. Application for GAlL DESSlMOZ AND MICHAEL RACZ by J. Douglas Peix, 208 Fifth Avenue, Blew york, NY 10010, for a Variance to the Zoning Ordinance, Article XI, Sections 100-118(E) and 100- 40, Block 01, Lot 20, containing 119.2, for: (a) permission to reno- a total area of 5.2~± acres, vats and exI~and existing non- 8:05 p.m. Application of conforming cabin [guest cottage STAMATIO6 AND ELEBII ~_t~out ,'asp[ng.lacilitjgSlu~e~ RAPANAKIS, 2030 Boisseau. ~'J, ~g 50% o[value anu sq Avenue, Scuthold, NY for a Vari- fnstege of same as exists; Co) per- ance to the Zoning Ordinance, mission to construct addition to Article Xli SeCtion 100-118(D) . existing nonconforming cabin for permission to reinstate non. 'within 100 feet ofbluffalong the conforming two.f~nily dwelling Long Island Sound, at premises Premises located on th~ east side of Marisne Lane, Mat~tuck, NY; County Tax Map l)h~ict 1000, Section 143, Bli~ck 3, l~0. t 1. The ~nf~ ~illh~r at said time and place { fl persons dasiring to be hcar~, a each of the above matters, Wr ttan com- ments may als° be ibmitted prior to the concl~si · of the hearingin question;Fi .more in- formation, please ~ 65-1809 (alt. 180 ).: ~ Dated: Blovember 26, ~ _~ BY Ol OF THE SOUTHOI ! TOWN BOARD OF t ~EALS GERARD P. GOEIiRI~GER, CHAIRMAN 1TD5-5099 ' of Southold, County of Suffolk and State of Now York, and that the Notice of which the annexed la a printed copy, has been regularly published In said Newspaper once each week for one weeks successively, commencing on the dayof December 19._8.5 / ,¥o.;..c,.,k ~ ANN M. ABATE ~'~"rn to before me,his ~TARY PUBLIC, State of N~w York mission made by N,I'.~, LnVlronJne~tLal (Iuaiity i<(;vlow ~Ct of this and an environmental rc this boar~ fore any action is ta rCqHI rc"s sub- ~w will be .SHORT (a) In order to answer the questions in this short gAF is is as~ed that the preparer will use currently available lnfo~aticn concer'nln~ the FroJ~ct and the ¢~her investigations w~i b~ ~dertaken. (b) If any qued%ion ha~ b.~n angwered Yes thn proJec~ ~y be sl~lflcar~t and a ccrpleted Env~rc~9~tal Assessment Fo~ i~ ~ece~sar/. (¢) If all questlon~ have been answered No l: l~ likely tbmt %hi~ project 1. W~I project re~% In a large physical change to the project mite or physically alter mor~ t~n 10 acres of land? . . . . · · · · Yes / No · 2. Will %h~re be a ~Jor chang, to any ~qu~ or unusual land fo~ fo~d on th~ site? . · -- Yes.'/ No ]. W~i project alter or ~ve a larg~ effect on an ~xistlng body of water? . . . . . . . Yes ~ No &. W~i proJec~ h~vu a potontially larg~ ~m~ on W~i proJec% si~ific~ntly effect drainage ~ 6, Will project affect any t~ea%ened or endangered plan~ or an~.~l 3pecies? . . , , , , * * Ye~ ~ No 7, W~I project re~t in a major advorse effoc~ on air quality? * , * , * * * * Yes 8. W~i project have a ~mJor effec~ on vi~u.1 c~ kno~ ~o be ~portan~ ~o %h~ com~munlty? * * . ~ Ye~. 9. Will project adversely ~pact any sit~ or st~c~ ute of his:eric, pro-hi,torte, or pal~ontologicu~ 10. W~I project have a ramjet effec~ on ox~u%~g o~ 11. Will project result tn ~3or traffic problems or 12. Will proJoc~ reg~arl7 cause objectionable odors, noime, glare, vibration, or electrical di~tur~ 1). Will project hay. any impact on pub].~c health or iL. Will project Affec~ ~he existing co.unity by period er have a major ncg3%lve effect On the charact~ of the communily cr aelghborhood~.. Ye~ Ye~ ~ No 15. P9 EP ~J{-r-R' 3 SIG::ATL~5: (Today's Date) To: Southe!d Town Board of Appeals Nain Road Southold, NY 11971 Re: Appeal Application of ~ Location of Property: ,,.,,~.~,~_-F~ i00 Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Reguiations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property iQ the within appeal application: (p!~ase check One box) ~ [ Hay be locatedW~n~n'~' ' 300 feet of tidal wetland:;; ' hot,ever, 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~ located within 300 feet of tidal wetlands; ho..-;ever, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tid~i wetlands; .and there is no bulkhead or concrete wall existing on the premises. °[ ] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items'(*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, ( Sig;~ature please) NOTE: If proposed project falls wit~hin D.E.C. jurisdiction, approval must be received an.d submitted to our office before your application can be.scheduled for a public hearing. Me~eting Date: December Members Absent, if any: Relief requested and llocation: Main Road East Marion,NY Charles Grigonis , 1985 Appeal No. 3423 Applicants: Edward Burton permission for accy building in sideyard. Serge Robert Gerard Joseph Doyen Douglass Goehringer Sawicki Resolution made by: Seconded by: ( ) ( ) ( ) ( ) ( )' ( ) ( ) ( ) ( ) ( ) ACTION: ( ) Approve as applied ( ) Deny as applied ( } Deny without prejudice ( ) Deny ( ) Subject to County Planning Referral Subject to Planning Board approval Subject to D.E.C. Withdrawn ¥~'ithout Prejudice as requested Approve with the following Conditions: [I] [2] · [ 3] [4] ,i; ( ) Special Exception criteria applicable ( X ) Prior application conditions applicable, if any VOTE OF THE BOARD: Ayes: ( ) CG ( ) SD ( ) RD ( ) GG ( ) JS Nays: ( ) CC ( ) SD ( ) RD ( ) GG ( ) 3S Abstain: ( } CC ( ) SD ( ) RD ( ) GG ( ) JS Absent: ( ]CG ( ) SD ( ) RD ( ) GG ( ) JS Resolution was passed: ( ) unanimously Resolution was not passed: ( ). This application was recessed until ( ) by majority vote v ,; +',s :' ~t-/,or'~ N, '/. /OWN OF SOUTHOLD MAIN .~F(~) COUNTY OF SUFFOLK I!e'"~--s0UTHO/-D t---'[~"°" 'lReaJ Properly Tax Service Ager)cyJ~!!~f? e.. 0 ~xl S T ~..~ e ~'1 0t~( ltl 14 T C P'I /N(z I~/(.' TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)..~.~.~..~.~.....~..~.,~.~V,~...~..~...~ .~.E~. ....... of ..../..~.~....~..C...~,,~Z~/.......~...~.. ............................. Name of Appellor~t Street and Number ........ ..~..~.].~"..~..../.~../~.~./.~.~.~. .......................................................... .<~..~..-~...: ........... 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 of Name of Applicant for permit Municipality State Street and Number ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .../.~..~...~..C......./~..~./,~'.../:~..~ ......... /~.~'~.~.....~?/~,~./..~....-t/.........//(..~,~d Street Use District on Zoning Mop ...... .(..~...~..g.......~....~.~.t?.~..~........~..~.../.. ...... ..~.../..~ .......... Cu~r'ent, 0~ner ///,~,~/~ ~ ~'~,~/~ 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 Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was mode in Appeal No ................................. Dated ...................................................................... ) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance requested for the reason that (Continue on other side) ,SON FOR APPEAL Continued 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 ) Signature Sworn to this ........ ~..~.....~..-r~,/¢~ .................... day of ......... ~~ ...................... 19 ,C~-- Nefary Publi~ Term Expt~ Mard~ 30° 1~ ~] ~,~ BOARD OF APPEALS. TOWN OF SOUTHOLD j In the Matter of the Petition of : to the Board of Aooeals of the Town of Southoid : 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 torequest ~3Special Exception) (Special Permit) (Other) [c±rc].e cho±ce] ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: f¥~ ~ ~' T ~/~ fL '~ 3. That ~he property which is the subject of such Petition is located in the following zoning district: ~ ~ t~jI 4. That by such Petition, the undersigned will request the following relief; 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section / ~ m - ~ ~ [ ] 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 wiU 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-].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: /0-' ~.~-- ~' Petitioner Post Office AddFs~. /~ 0 ~ ! ~: ~ DATE OELIVERE~, STATE OF NEW YORK ) COUNTY OF SUFFOLK ) · residing at _ , being duly sworn, deposes and says that on the day of , 19 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Sourhold; that said Notices were mailed at the United States Post Of- rice at (certified) (registered) mail. ; that said Notices were mailed to each of said persons by Sworn to before me this day of ., 19 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.)