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HomeMy WebLinkAbout3331Southold Town Board o£Appeals MAIN E~3AD-STATE I~?IAD ;35 SnUTHnLD. L.I., N.Y. 11g71 TELEPHONE (516,766-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 333l Application Hated February TO: Mr. Saul Millman 435 Higbwood Road Southold, ~NY 11971 1 985 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on March. 28~ ]985 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 [ ] IX] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoninq Ordinance Article III , Sections 100-30(B~[]] and 100-31 [ .] Request for Application of SAUL MILLMAN, 435 Highwood Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and lO0-31 for permission to establish two-family dwelling use on a parcel of land containing less than four acres in a~ea and. less than 175 feet of lot width known as 3930 Horton Lane, Southold, NY; County Tax Map District 1000, Section 54, Block 7, Lot 23.7. WHEREAS, a public hearing was held and concluded on March 28, 1985 concerning the Matter of SAUb MILLMAN under Appeal No. 3331; and WHEREAS, the board has considered all testimony and documenta- tion entered into the record during the public hearing, in behalf and in opposition to this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question as well as i~.s surrounding area; and WHEREAS, the board made the following findings of fact; 1. The property in question is located in an "A-80" Resi- dential and Agricultural Zoning District, is situated along the west side of Horton's Lane, Southold with a frontage254.83, and is more particularly identified on the Suffolk County Tax Maps as District lO00, Section 54, Block 07, Lot 23.7. 2. The subject premises contains as a whole 2.98 acres, or 129,809 sq. ft. in area and Is improved with a 15' by 30' vacant building which was recently moved onto the subject premises from another area, set back approximately 126' from the front property line. 3. By this application, appellant requests a variance from the requirements of Article III, Section lOOi30(B)[1] and Section 100-31, Bulk Schedule, of the Zoning Code, for permission to construct (CONTINUED ON PAGE TWO) DATED: April 19, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3331 -Matter of SAUL MILLMAN Decision Rendered March 28, 1985 and establish a new two-family structure which would approximately 85' from the front property line along its nearest point. be located Horton Lane at 4. Article III, Section lO0-3t, Bulk Schedule, of the Zoning Code requires a minimum of 160,O00'sq. ft. in area and minimum lot width of 270 feet for a two-family dwelling, and Article III, Section lO0-30(B)[1] authorizes by Special Exception by the Board of Appealso.uas.o.providedo..subject to site plan approval...in accordance with Article XIII... 5. For the record it is noted that town records show a No. 13526Z for a proposed, pending building permit for a new one-family dwelling and accessory structure for the subject premises, for which Health Department approval was obtained under No. 14-S0-171 on August 29, 1984; In considering this application, the board determines that the variance applied be denied since: (a) the relief requested is more than 10% of the requirements of the zoning code; (b) the granting of the requested relief would change the character of the neighborhood since there are other p~rcels existing in the neighbor- hood with similar circumstances; (c) the circumstances of this appeal are not unique; (d) practical difficulties have not been sufficiently shown to warrant same; (e) the interests of justice will not be served. Accordingly, on motiom by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the relief requested under Appeal No. 3331 in the Matter of SAUL MILLMAN for a Variance from the requirements Df Article III, Sections lO0-30(B)[1] and 100-31, BE AND HEREBY IS DENIED. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of ali the members; lk April 19, 1985 ,~,N HALL ROAD - S, R. 2~ ~OUTMO~, N.Y, 11971 NOTICE IS itEREBY GIVEN, Law and the Code of the Town hearings will be held by the the SouthOld Town Hall, Main pursuant to Section 267 of the Town of Southold, the following public Southold TOwn Board of Appeals at Road, Southold, NY at a Regular Meeting commencing at 7:15 p.m. on THURSDAY, MARCH 28, 1985, and as'fot!lows: 7:15 p.m. FLEET'S NECK PROPERTY OWNERS ASSOCIATION INC. and WILLIAM NICOL, Cutchogue, NY for a Variance appealing New York Town Law, including Section 280-a to cancel, revoke and nullify the building permit issued for the erection of a dwelling upon premises known and referred to as 1000 East Road, Cutchogue, NY; Tax Map District 1000, Section llO, Block 7, Lot 28 (now of Gustave J. Wade). 7:25 p.m. GUSTAVEJo WADE by Cron and Cron, Esqs., Main Road, Cutchogue, NY for a Variance to Article XIV, Section 100-I42 as utilized for an alleged violation of Section 267 of New York Town Law, for reinstatement of Building Permit #i3244Z issued for the erection of a dwelling upon premises known and referred to as t000 East Road~ Cutchogue, NY; Tax Map District !000, Section llO, Block 7~ Lot 28. 7:35 p.m. BRIDEN MACHINE CORP.~ Box 881, Mattituck, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for permission to establish and use industrial building as a machine shop in this "C-Light Industrial" Zoning Distridt~ parcel identified as County Tax Map District lO00~ Section 1413 Block 03, Lot 35; 555 ~estphalia Avenue~ Mattituck, NY. 7:40 p.m. BRIDEN MACHINE CORP., Box 881, Mattituck, NY for a Variance to the Zoning Ordinance, Article Vt~I, Section 100-81, Bulk Schedule for permission to construct machine shop building with insufficient side and rear yard setbacks at.~55B Westphalia Avenue, Mattituck, NY; County Tax Map District iO~O, Section 141~ Block 03, Lot 35. 7:50 p.m. HELYNN D. KAPP, 238 S. Water Street, Greenwich, CT 06830, for a Variance to the Zoning Ordinance, Article III, Section 100-3i, Bulk Schedule for permission to construct new one-family dwelling with insufficient sideyard setbacks and 'in excess of the maximum permitted 20% lot coverage requirement, at premises known as 1305 Third Street, New Suffolk, NY~ County Tax Map District 1000~ Section tl7, Block 07, Lot llo 7:55 p.m. LYNN SC~ORA'~y G. Strang, Box 1412, Southotd, NY for a Speci~al Exception to the Zoning Ordinance,~Article VIII, Section IO0-80(B) for permission to reinstate business as a delicatessen to include on-site eating and drinking services in this "C-Light Industrial" Zoning District known as 67680 Main Road (a/k/a 180 Kerwin Boulevard), Greenport, NY; County Tax Map District 1000, Section 53, Block 02,'Lot 21: 8:00 p.m. SAUL MZLLMAN, 435 Highwood Road, Southold, NY for iance to the Zoning'Ordinance, Article III, Sections 100-30 and 100-31, for permission to establish two-family dwelling,use on a parcel of land containing less than four a~res in area ane less than 175 feet of lot width known as 3930 Horror Lane, Southold, NY; nty Tax Map District 1000, Section 54, Block 7, Lot 23.7. 8:10 p.m. SAUL MILLMAN, 435 Highwood Road, Southold, NY for a Special Exception to the Zoning Ordinance, Article III, Section lO0~30(B) for Fermission to establish two-family dwelling use on a parcel of land of insufficient area and lot width known as 3930 Horror Lane, Southotd, 'NY; County Tax Map District 1000, Section 54, Block 7, Lot 23.7. The Board of Appeals will at said time and place hear all persons interested Tn the above matters. Written comments may also be submitted prior to or durin9 the ' ~ ' SuD~ec~ hearing. Dated: March 7, 198B. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER ~HA!RMAN By Linda Kowalski, Secretary (516) 765-1809 (alt. 1802) Instructions to newspapers: Please publish once, to wit: THURSDAY,~MARCH 21, 1985 and forward ~ight a~fidavits of publicatio5 ~ ~-~6~ Main Road, Southotd, NY 11971, by March 26th. Thank yQu.. ...... ~ ...... ;;--~---~ ........................... % .................... X Copies 3/19/@5 to: - Richard J. Cron, Esq. as attorney for G. Wade Mro Gustave Wade Mro William Nicol~ Fleets Neck Property Owners Association Anthony.Nowachek, Esq. Briden Machine Corp. Mrs. Helynn D. Kapp =r.e~.Strang for L. Sciora Saul Millman Suffolk Times Personally delivered LoZ. Traveler-Watchman Town Clerk Bulletin Board ZBA Bulle%in Beard Supervisor and Town Board Members Building Inspector T@WN OF SOUTHOLD BUILDING DEPARTMENT TO~ArN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL County Ta× lVIap No. 1000 Section ...c~..~.q. ...... Block ...... ~ ....... Lot . .D,.~ :~1 ....... Subdivision ................. Fried Map No ................. Lot No .................. ,,s here'elt:h and disapproved on the foilow;ag grounds. ~.:~., ~' Bufldkng ~nspector . FO2M NO. ~ TOWN OF SOUTHOLD SU~LD~NG DEPARTMENT TOWN HALL SOUTHOLD, N.Y, 11971 'TEL.: 785-1802 ~xamined ................. 19 .,. ~pproved ................. 19... Permit No ............ Disapproved a/c ...................................... Received ~9 (Building Inspector) APPLICATION FOR BU[LDING PERMIT Date . ¢i,&~4...~.~ ... INSTRUCT!ONS a. This application'must be completely filled in by typewriter or in ink and submitted to the Building inspector, with 3 sets of plans, accurate plot plan to scale· Fee according to schedule. b. Plot plan showing iocation of lot and of buildings on premises, relationship to adjoining premises or public streets or rs-ess, a~d giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- aation. c. The work covered by this application may- not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building inspector will issued a Bufldk~g Permit to the applicant. Such permit shall be kept on the premises available for fizspection tS~rougaou~ -the work. e. No building shail be occupied or used in whole or in part for any purpose whatever mqtil a Cer~ificate of Occupmncy shall have been granted by the Building inspector. APPLICATION iS HEREBY MADE to the BuiidLng Department for the issuance of a Building Pemit pursuant to the Building Zone Ordinance of the Town of Southo!d, Suffolk Coun~y~ New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as heroin described. The applicant agrees to comply with a~ applicable laws, ordinances, buildLng code, housing code, and regulations, and to ~dmit authorized inspectors on premises axed Jn building for necessary inroections. . .................... (Signature of applicant, or name, if a corporation) (Mailing address of applicant) State whefi~er applicant is owner, lessee, ~ ~ ag~n[, architect, engineer, general contractor, electrician, phzmber or builder. (as on the tax roi1 or latest deed) If applicant is a co~omtion, signature of duly authorized officer. (Name and title of corporate officer) Bullder's LicenseNo .......................... Electnc.~n s L~cense No ....................... Other Traae s ' ' ~lcense No ...................... I. Locatiog of land on w!~ich proposed work will be done. ~ ~ ~.~? ......................................... House Number Street Hamlet County Tax Map No. 1000 Section .0, f.~. .......... Block ~ ................ Lot .7~ .~.'.~. .......... Subdivision ..................................... Filed Map No .......... · ..... Lot ............... (Name) exmtmg use and occupancy of premises and intended use and occupancy m proposed constructmn: a. Existing use and occupancy b. lnt~naed use and occupancy 3. Nature of ,vorr (check which applicable): New Building .~.*... Addition... Alteration Repair Removal .............. Demolition .............. Other Work (Description) 4. E~tknated Cost. ff~. ~¢~ ........................... Fee ........................ '~ (to be paid on filing this application) 5. ~f dwelling, number of dwe~ing units . ~ ........... Number of dwelling units on each floor If garage, number of cm~ .................................. ~ 6. If business, commerefaI or mixed occupan%v, specify nature and extent of each type of use 7 Dimensions o~ exmtmg s~ractures, 1~ any. ~.onv ............... Rear .............. Depth Halght ............... Number of Stories DimeBgio~s of s~m~ st~dc[~r~ W]i~ alterations or aoo~!on8. Front ................. ~ear Dep~ ...................... Hm~x~ ...................... Numee~ of Stories ...................... 8. Dhmensions of entire new construction: Front .............. Rear ............... Depth ............... Height ............... Number of Stories 9. Sic of!or: Front .~ .................... Rem' . ..................... Depth O. D~t~ of Purchase Name of Former Owner 1. Zone or use district in which premises are situated .................................. ................... 2. Does proposed construction violate any zm~ng law, ordinance or regulation: ~ Will iot ee re,rodeo ............................ Wfi! excess fiH be removed from premises: Yes No 4. N~me 0f Owner of premises .~,. ~,,~ ~ ~ ........ Aadress ~.%~.. ,~%.o'~.~.. Phone No~ .z None of.~chitect ........................... Address .................... Phone No Na~e of Contractor ~,.ddre~s ................... Phone No. PLOT DIAGRAM Locate clearly mac[ distinctly alt building, whether existing or proposed, and, indicate ali set-back dLmensions from proper~y ~nes. GiYe street n_nd block number or description accordLng to deed, and show street names and indicate whether lntenor or comer lot. 3TATE OF NEW YORK, COUNTY ~F...~ff~ ~. . ................. ,~.x~.~ _ ~f~:%.~:~.':.~., ............... being du~y sworn, deposes and says tSa~ he [s the applicant , ?4ame of individual signing contrac~ ~ above named. [Contractor: agent, corpora[e officer, etc.) of said owner or ownem, ~d is duly authorized to perform or have perfo~ed the said work and to mmke and file application; that MI statements cont~ed ~, this application ara tree to the best of bls ~mwledge and belief; and that the work will be perfo~ed in the m~nner set forth fa ihe application filed therewith. Sworn to before me this ........................ dsyof...:~ ............... ,.9... !FEB 0 $1 : ' TOWN OF $OUTHOLD, NEW YORK ~'e~ APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~3~/ DATE ........ TO THE ZeN NG BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ' Name o~ A~peJlon:~ Street and Number Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING NSPECTOR ON APPLICATION DATED: 1/~c)/8~ ~0~: T~o ~zltil~.D~ellin~ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ( ) ' x) Saul Millman Name of Applicant for permit o~ ~.~..~,o.p.~....~..o.~. ......... ~.o.~.~.~,,,..~:.~: ............................................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD Two ~am, ity Dwelling ~. LOC;TION OF THE PROPERTY ..... 393.Q .Ho.~,o.~..LB.~.e. ............... ~O.l.u..t..h...o..1...d. ....................... Street az~ H~llet Zone ...%9,0p_.....8.?.,~..:...g.~.....~.:...7....:.~p.~...?..3..7..~ o~ (s): s.~..~.z. ~..~.~?.¢...~.tA%.~.~R... IVieD No Lot No. ~2 ~.~.gU?t ~l, lgS~- DA ]3 ~URC~$ED: .................. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section. Sub- sectio~ and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.} Article III , Section lO0-30oB(1) 3 TYPE OF APPEAL Appec is made nerewith for A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack af access State of Ne~ York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (l~. (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 ...................................................................... ) X) ) requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance we Would like to construct a two family dwelling. ~oz~ ZBI (Continue on other side) REASON FOR APPEAL Continued i STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because o~ the high cost of the property and. the high oo~t of const~ction~ we will build a two fm~ily dwelling to be shared by us and our son, This would bela us to ~ford a dwelling a~d would give my son and his ~fe the chance to live In Scuthold~ In affo~dable housing~ My son would not have no live and travel to work each day from a distant area~ 2. The narosmpcreatedis UNIQUEandisnotsnarea by all prope~ies alike n the immediate vicinit, ofthis propert~ and in this use district because ~y SOn wo~ks with ~e 2o~thold. At p~esent he t~avels ~0 ~iles to and ~rom work to au aoartment that is within his fine~ucial ~e~USo He caD, not afford toL~ry a house in ~outhold, and apart~ent~ are scarce o~ too expensive~ In the eveht that my wife survives me~ it would be~ir~poss~b!e fo~ her to maintain the house~ With an accessory dwelling sh~ would ~ave so.me financial aid to help her to hold on ~o her 3 The var,ance wou[C observe the spirit of the Ordmonce OhO WOULD NOT CHANGE THE ZHARACTER OF THE DISTRICT because the ~-o~eai~.Cor dwe].l~r~ i8 ~o be b'~i!t o~ three acre~ oF ~az~aland. The ho~se ~ w~ conFoz~m in design and character wzth that of the dzs~ict~ STATE OF NEW YORK ) COUNTY OF SS Sworn to this ~ of ............. i ................................ day ................ ............... Notary Public PROPerTY R CORD CArD OWNER ~' FORMER 9¥VN~ SEAS. I-~,ND IMP. j AGE NEW NORMAL FARM Acre Wo~land Meadowbnd House Plot ~/ ~otal ,TREb'T $ VILLAGE FARM COMM. CBs: TOTAL DATE REMARKS MICS. 6Mkt. Value BUiLDiNG CONDITION BELOW ABOVE 'Volue Per Value Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BUL.KHEAD DOCK SUB. LOT ACR. : TYPE OF BUILDING LEGAL NOTICE NOTICE IS H~REBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the, Town of Southold,.the following public hearings will be held by the Southold Town Board of Ap- peals at the Souttmld Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:15 p.m. on THURSDAY, MARCH 28, 1985, and as fat- lows: 7:15 p.m. FLEET'S NECK PROPERTY OWNERS SOCIATION INC. and WILL- IAM NICOL, Cutchogue, NY for a Variance appealing New York Town Law, including Section 280-a to cancel~ revoke and nul- lify the building permit issued for the erection of a dwelling upon premises known and refer- red to as 1000 East Road, Cutoh- ogue, NY; Tax Map District 1000, Section 110, Block 7, Lot 28 (now of Ohstave J. Wade). 7:25 p.m. GUSTAVE WADE by Cron and Cron, Esqs., Main Road, Cutobegue, NY for a Variance to Article XIV, Section 10(L~42 as utilized for an alleged violation of Section 267 of New York Town Law, for reinstate- ment of building Permit #13244Z issued for the erection of a dwelling upon premises known and referred to as 1000 East Road, Cutohogue; NY; Tax Map District 1000, Section 110, Block 7, Lot 28. 7:35 p.m. BRIDEN MACHINE CORP., Box 88t, Mattituck, NY for a Special Ex- ception to the Zoning Ordinance, Article VIH, Section 100-80 for permission to establish and use industrial building as a machine shop in this "C-Light Industrial" Zoning District, parcel identified as County Tax Map District 1000, Sec~iqn 141, Block 03, Lot 35; 555 Westphalia Avenue, Mattituck, NY. 7:40 p.m. BRIDEN MACHINE CORP., Box 881, Mattituck, NY for a Variance to the Zoning Ordinance, Article VIII, Section '100-81, Bulk Schedule for permission to con- struct machine shop building with insufficient side and rear yard setbacks at 555 Westphalia Avenue, Mattituck, NY; County Tax Map District 1000, Section 141, Block 03, Lot 35. 7:50 p~m. HELYNN D. KAPP, 238 S. Water Street, Greenwich, CT 06830, ~r a Vsri- ance to the Zoning Ordi~s~ee, Article III, Section 100-31, Bulk Schedule for permi~ion to con- struct new one-family dwelling with insufficient sideyard set- backs and in exceas of the maximum permitted 20% lot coveroge requirement, at prem- ises known as 1305 Third Street, - New ,~uffalk, NY; County Tax Map District 1000, Section 117~ Block 07, Lot 11. 7:55 p.m. LYI~I ~IORA by O. Strang, Rex 1412, ~outhold, NY for a Special Exception to the Zo~i~ Ordinance, Article VIH, Section 100-80(B) for permission to reinstate business as a de- licatessen to ~clude on-site eat- ing and drinking services in this "C-Light Ind~trial' Zoning Dis- t~ict known as 67680 Main Road (e/k/s 180 Kerwin Rouleverd), GFeenport, NY; County Tax Map District 1000, Section 53, Block 4~Lot 21. :00 p.m. SAUL MILLMAN Highwoed Road, Southold for a Variance to the Zonin~ Ordinance, Article IH, Sectiom 100-30 and 100-31, for permis- sion to establish two-familyn dwelling use on a parcel of land containing less than four acres in area and less than 175 feet of lot width known as 3930 Horinn Lane, SoUthold, NY; County Tax Map District 1000, Section 54, %tafack 7, Lot 23.7. 8:10 p.m. SAUL MII.I.MAN 435 Highwoed-Roed, Southold, NY for a Special Exception to the Zoning Ordinance, Article HI, Section 100-30(B) for pe~nission to establish two-family dwelling use on a parcel ofinnd of insuffi- cient area and lot width known as 3930 Horton ~e, Southold, NY; County Tax Map District 1000, Section 54, Block 7, Lot 23.7. The Board of Appeals will at said time and place hear all per- sons interested in the above mat- teFs. Written comments may also be submitted prioF to OF during the subject beefing. Dated: March 7, 1985. BY ORDER OF THE 80UTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linde Kowalski, Secretary (516) 765-1809 (alt. 1802) 1TM21-4838 · . in ~ly sworn, says that ho/she is E SUFFOLK TIMES, · Weekly td et Greenport, in the Town of Suffolk and State of New otico of which the annexed is been regularly published in race each week for ONE commencing on the 2 1 Principal Clerk this2 1 1~=~._ ANN M. ABAIE · "I~TARY PUBLIC, State of New Yod- /~ // ~-.f~Jffolk County N0 474818~-- NOTICE NOTICE IS ~ HERE~¥~ GJV- EN.p~suant to Section 276 of th~,. Town L&w nnd the Code of the Town o~ .Southold, the following public heatings will be held by the Southold Town Board ~ of Appeals at the South01d .~Town Hall, Main Read, Sogthold. NY at a R~dar Meeting commencing at 7:15 P~m, on~ · MAI~CH 28~ 1985. and as follows; ~ · · 7:I5 p.m~ FLEET'S NECK PROPERTY OWNERS ASSO- C~TmS mc, ~ NICOL~ Cutchogue, NY for a Variance appealin~ Now Y~k 280:~ to cancol; revoke and nullify the building permit i~.a~ ~ the ~r~tion of a Read,, Cutcho~e, NY; Tax 11~ Block 7, lot 28 (uow of ~taVe J: w~). 7~2S p.m. ~ =WADE by 'Cron and .C~n, Esqs, MalnRoad; Cutehogue NY f0r & Yerinn~ t9 Article XIV, Section 100-142 sm utiliz- ,o~=fot an alleged violation of iSection 267 of Nem~ ¥oth Town L~W~ f~r reinstatement of ~ding Permit #1~t244Z is- isued for the erection of a dwi. ling upon premises known and referred to as 1000 East Rind, Cutcho~ue, NY; Tax Map .District 1000, Section u0.. Block 7. Lot 28. 7::~t5 P,m. BRIDi~I MA- ~..~_~_., Box 881, Mat- tttuck, NY for u Special as~a machine shop in ~ ,C-Light. Industrial', Zoning ~, parcel ident~, as scion 141~ nloct 03, Lot 5~ WeStphalia AvenUe, Mat- Bleek 07, Lot 11. 7:55 p.m. LYNN SCIORA by C~ St~ng, Boa 1412, Southold, ~ for a special Exception to petjhission to reinstate busi- ness as a delicatessen to include on-site eating and drinking services in this "C- Light Industrial" Zoning Dis- trirt known as 67680 Main Road (a/k/a 180 Ketwin Bou- levard), Oreenport, NY; Cram- ty Tax Map District 1000, Section 53, Block 02, Lot 21. ~-= 8:'00 p.m. SAUL MILL- MANt 435 Highwood Road. Southold. NY for a Variance to the Zoning Ordinance. Article IE, Sections 100-30 and 100- 31 for permission to establish two-family dwelling use on a parcel of land containing less[ [ than four acres in area and less than 175 feet of lot width known as 3930 Horton Lane, Southold. NY; County Tax Map District 1000, Section 54, Block 7, Lot 23.7. 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 d ay o f~~...~,..~ .~'. , 19 Sworn to before me this ........ .~.~./. ......... day of Notary Public BARBARA FORBES Notary Publle, State of New York No. 480(,546 Qualified in Sut£olk County Commission Expires March 30, l~/~v Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 c=OUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINOER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and Suffolk Weekly Times, Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowalski, at 765-1809 (or if no answer, 765-1802). Yours very truly, GERARD P. GOEHRINGER C}LAI RMAN lk Enclosure BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of Saul Millman 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 torequestaQ S(~ecial Exce~ (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3930 hob'ton Lane Map NO. 1000 Sect, Oh BI, 7 Lot 237 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: to construct a two family dwelling 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-30-B(1) %~-~% [ ] Section 280-A, New York Town Law for approval of access over r~§ht(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 Southoid Town Clerk's Office at Main Road. Southold, New York and you may then and there examine the same during regular office hours. (516) 745-1809. 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. Saul Millman Petitioner Owners'Names: Saul & Janet Millman Post Office Address k~ Highwood Road $outhold. N.Y, PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) Saul Millman ~ residing at 435 Hi~hwood Road, $outbQld , being duly sworn, deposes and says that on the ~' day of February ,19 R~ ~' , 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 Southold; that said Notices were mailed at the United States Post Of- fice at Sour;hold ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to b~fol[e me this day of "]~L/~ f'Lt~ :" t~ , Notary Public (This side does not have to be comp]eted on property owners.) form transmitted to adjoining Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I,, N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS M~rch 7, 1995 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON IS, JR. S . E . Q . R . A . SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWtCKI Notice of Determination of Non-Significance APPEAL NO.: 33~l_& 3332_ PROJECT NAME: SAUL MILLMAN 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 [X~ Unlisted [ ] DESCRIPTION OF ACTION: To e~t~blish two-f~mily dwelling use on less th~n four ~cre~ of l~nd~ special e~cep~io~. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 3930 Horton L~nel Southold, NY County T~ MaD ~1000-5~-7-23.7 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in ~uestion i~ not located within ~00 feet of tidmlow~tl~nds or other critical environmental ~re~. [3) The relief requested is not directly related to new construction. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeal~ 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. JUDITIt T. TERRY TOWN CLERK RF(;ISTRAIR O! VITAl ~1 \IISI[CS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 8, Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-i801 1985 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3331 application of Saul Millman for a variance. Also included is Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department; Short Environmental Assessment Form; letter relative to N.Y.S. Tidal Wetlands Land-Use; copy of Application for Building Permit; plot plan; and survey. Judith T. Te~ry ~ Southold Town Clerk 1/97/. L (3. ]b. II. i~ cldr a s..5 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI March 5, 1985 Mr. Saul Millman 435 Highwood Road Southold, NY 11971 Re: Appeal No. 3331 and 3332 Dear Mr. Millman: Your recent applications for permission to construct a two-family residence at Horton's Lane, Southold, have been reviewed bY the board members and have been scheduled for field inspection to take place within the next two weeks. We do expect the public hearings on these applications to be held on or about March 28th, and a copy of the Legal Notice as published in the Suffolk Times and L.I. Traveler- Watchman will be forwarded to you as confirmation. Also, for your information we are enclosing a copy a 34-signature petition opposing your proposal for the two-family use. of Yours very truly, Enclosure cc: Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 67 TOWN OF $OUTHOLD, NEW YORK rFEB 0 8,1985 APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. '-~'~'"~ / DATE ...... .=~.,. ~?, ~., .~..~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (We) .... .S...a~l..~,~;],..],~ ................................ of ..... k35...~i~h,.O. Qd.~,c~a.d ............................. Name of Appella,n~' Street and Number Southold ....N......Y.~. ................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 1/29/85FOR: Two Family Dwelling WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Saul Millman Name of Applicant for permit of ...~..3.~..~ ~.kw...o..o..~..~.,q~.,4.....~ ~.u..~.n...o..%.~, ................. ~,...y., ................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD Two Family Dwelling 1. LOCATION OF THE PROPERTY ..-~.3.9....H.0.~.t...o..~.....~,.a...~..e. ............ ..S..o.~.~...~..o..1..d.....~. ........................ Street and H~nlet Zone ._.l..0...0.9......S_9~,t..:....0.~.......B~.:,...?.......L..o..t....~.3~.,.. OWNER (S): Saul & Janet .M.~l.l.m.a.n. Mop No. Lot No. DATE PURCHASED: A..%tCRs. t.. ?.1.,...].~).8,~c... 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 ;IT]' , Sect±on 100-30-B(1 ) 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 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 ...................................................................... ) x) ) ,s requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance we would like to construct a two family dwelling. Porto Z]]l (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because of the high cost of the property and the high cost of const~uction~ we will build a two family dwelling to be shared by us and our son. This would help us to afford a dwelling and would give my son and his wife the chance to live in Southold~ in affordable housing. My son would not have to live and travel to work each day from a distant area. 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 my son works with me in Southold. At present he travels 90 miles to and from work to an apartment that is within his financial means. He cannot afford to buy a house in Southold, and apartments are scarce or too expensive. In the event that my wife survives me, it ~would be ~impossible for her to maintain the house. With an accessory dwelling she would have some financisl aid to help her to hold on to her home. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE OIARACTER OF THE DISTRICT because the appesl~for dwelling is to be built on three acres of farmland. The house will conform in d~sign and character with that of the district. STATE OF NEW YORK ) ) ss COUNTY OFS'4~z~''~LC~ ) Sworn to this .............. .~ ............................ day of ...... ~-..~...~. ................. 19 ............. ............. Notary Public In Southold there are hemes built on 1/3 acre plots, I believe, that two familys sharing a home on 3 1/% acres would not be a change to the character of the district and would observe the spirit of the ordinance. We will be using city water and have sufficient acreage fOr'drainage. The ;;.Y.S. L'nvironmental Qualit.y mission of Lhis~orm, and an environmenLal made by this bo~U before any action 'ew will be SHORT ENVI~.ON%~.ENTAL ASSES~ENT (a) In order to answer the questions in this short gAF ~s is assume~ that the preparer will use currently available infornation concernin~ the project and the likely impacts of the action. It is not e~-pected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project ma~ be significant and a completed Envirommental Assessment Form is neces~arF. (c) If all questions have been answered No iu is likely that this project is nc~ significant. (d) Enviror~en~al A~sess~nt 1. W~-ll project result in a large physical o~nge to the project site or physically alter more than 10 acres of land? · · · · · · · · · · me 10. 11. 12. 13. Will there be a major change to an7 unique or unusual land form found on the site? Will project alter or have a large effect on an existing body of water? . , · , · , · · Will project have a potentially large impac~ on groundwater quality? Wi-Il project significantly effect drainage flow Will project affect any threatened or endangered plant or animal species? · , · · · , , · · Will project result in a major adverse effect on Will project have a major ef£ect on visual char- acter of the community or scenic views or vistas known to be important to the com.~unity? , , · Will project adversely in. pact any site or struc~- ur· of historic, pre-historio~ or paleontological importance or any site deeignate~ as a critical environmental area by a local agency? , · * Will project have a major effect on existing or future recreational opportunities? , · , Will project result in major traffic problems or cause a major effect to existing transportation Will project regularly cause objectionable odors, noise~ glare~ vibration, or electrical disturb- ance as a result of the project's operation? . Will project have any impact on public health or Will project Affect %he existing community by directly causing a ~rowth in permanent popula- tion of more than 5 percent over a one-year period o__r have a major negative effect on the character of the com.~t4nity ~r neAK~bor~ooo?. . Yes W No ,, Yes X No Yes X No ,, Yes X Ns Yes X No Yes X No Yes x No x Yes No Yes X No Yes X No Yes .X No Yes X No Yes X No Yes X No the prOjeCt? . Yes X No TITEE: ~cAm~e~--- DATE: QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony E~rook, NY 11794, (tel. 516-751-7900)o if you have checked Box ~1 and/or Box #6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. I ] I. ! ] ix] 3. [ ] 4. [xl s. [ ] 6. [ ] Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfront or wetlands area May be located within 300' of walerfront or wetlands area; however, the following structure separates my property from this environmental area: ! ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfront area. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of tile proiect and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State Law and to prevent any unnecessary delays in processing your application(s).