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HomeMy WebLinkAbout3427 2460 Grandview Estates, 14 HungerfOrd, Robert - 3.8 10/24/85 ~3427 permiss-i~n to erect accy Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I.. N.Y. llCJ?l ACTION OF THE ZONING Appeal No. 3427 Application Dated November 4, TO: Mr. Glenn F. Heidtmann as for MR. ROBERT HUNGERFORD P.O. Box 932, Cox Lane Cutc~ogue, NY 11935 TELEPHONE (516) 765-1809 1985 (Public Hearing 11/14/85) Agent/Builder [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on November 26, 1985 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III , Section ]00-32 [ ] Request for Application of ROBERT HUNGERFORD Appeal No. 3427 - Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory garage structure in an area other than the required rear yard at 2460 Grandview Drive, Grandview Estates, Subdivision Lot #4, Orient, NY; County Tax Map District 1000, Section 14, Block 2, Lot 3.8. WHEREAS, a public hearing was held on November 14, 1985 in the Matter of the Application of ROBERT HUNGERFORD under Appeal No. 3427; and WHEREAS, the board members have personally viewed and are familiar with the premises in question and the surrounding area; and WHEREAS, the board has considered all testimony and documentation submitted concerning this application; and it is noted for the record that no public opposition was received; and WHEREAS, the board made the following findings of fact: 1. The property in question is located along the east side of Grand View Drive at Orient, New York, contains an area of approximately 1.8 acres with 50' frontage along Grand View Drive gradually widening to 388.65 along the Long Island Sound, and is known and identified as Lot #4, "Map of Grandview Estates"; County Tax Map District 1000, Section 14, Block 2, Lot 3.8. 2. By this application, appellant requests a Variance to Article III, Section 100-32 of the Zoning Code for permission to locate a 24' by 24' accessory storage/garage structure in the frontyard area not closer than 125' from Grand View Drive, and approximately 80 feet from the most northerly side property line along the existing driveway area as sketched on the June 14, 1982 survey submitted with this application. 3. Existing upon the premises are a single-family dwelling (CONTINUED ON PAGE TWO) DATED: December 6, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3427 Matter of ROBERT HUNGERFORD Decision Rendered November 26, 1 985 and 20' by 15' garage set back a distance of more than 125 feet from Grand View Drive. 4. For the record, it is noted that construction in the rear yard of the subject premises will require a variance under Article XI, Section 100-119.2 for setbacks at tess than 100 feet from the bluff area along the Long Island Sound. 5. It is the opinion of the board that the circumstances of this application are unique and that appellant's request is not unreasonable. In considering this appeal, the board agrees with the reasoning 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 indicated below. Accordingly, on motion by Mr. Goehringer, seconded by Messrs. Sawicki and Grigonis, it was RESOLVED, that the relief requested under Appeal No. 3427 in the Matter of the Application for ROBERT HUNGERFORD for per- mission to locate a 24' by 24' accessory garage/storage structure in the frontyard area as shown on sketched survey dated June 14, 1982, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. No sleeping or habitable use shall be permitted of the accessory building in question (for garage and storage use only); 2. The accessory building be located not closer than 100' from Grand View Avenue, and approximately 70 feet from the north- erly side property line, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to weather conditions.) This resolution was adopted by unanimous vote of the four members present. lk GERARD P. GOEHRINGER, C~AIRMAN December 6, 1985 t~NING BOAR,3 OF APPEAL~ TOWN HALL MA!~'I ROAD - S.R. 25 $OUTHOLD, N.Y. 11971 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law ano the go~e of ~ne ¥own uF SuuLhuld, ghe following vublic hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, NOVEMBER 14, 1985 and as follows: 7:35 p.m. BENJAMIN KOWALCHUK - Appeal No. 3417. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory lawn building in an area other than the required front yard at 3375 Wells Road, Peconic, NY; County Tax Map District 1000, Section 86, Block 2, Lot 8. 7:40 p.m. FRANK AND DIANE AMMIRATI - Appeal No. 3407. Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for permission to establish a retail food store in conjunction with a single-f.amily residential use at premises located in this "C-Light Industrial" Zoning District, known as 730 Love Lane, Mattituck, NY; County Tax Map District 1000, Section 140, Block 2, Lot 18. 7:45 p.m. RUTH BOHN - Appeal No. 3373. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot area and width (frontage) of two parcels located at the west side of Beebe Drive, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 9, Lots 2 and 3. 7:50 p.m. SUNBOW ASSOCIATES - Appeal No. 3420. Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule ~or approval of insufficient lot width (frontage) of four proposed parcels located at the north side of Main Road, Mattituck, NY; County Tax Map District 1000, Section 122, Block 06, Lot 29. 7:55 p.m. ROBERT HUNGERFORD - Appeal No. 3427. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory garage structure in an area other than the required front yard at 2460 Grandview Drive, Grandview Estates Subdivision Lot #4, Orient, NY; County Tax Map District 1000, Section 14, Block 2, Lot 3.8. Page 2 - Legal Notice of Hearings Southold Town Board of Appeals Thursday, November 14, 1985 8:05 p.m. EUGENE AND DIANE GIANNONE - Appeal No. 3416. Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of the construction of an accessory garage structure tn an area other than the required rear yard at premises identified on the Suffolk County Tax Maps as District 1000, Section 106, Block 8, Lot 50.07 (part of 50.3), located on a private right-of-way off of Sunset Drive, Mattituck, NY. 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 hearing in ques- tion. For more information, please call 765-1809 (alt. 1802). Dated: October 24, 1985. BY ORDER BOARD OF GERARD P. OF THE SOUTHOLD TOWN APPEALS GOEHRINGER, CHAIRMAN Instructions to Newspapers: Please publish once, to wit: Thursday, November 7, 1985, and forward seven affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971, on or before November llth. Copies to the following 11/4/85: Suffolk Times (personal L.I. Traveler-Watchman Town Clerk Bulletin Board ZBA Bulletin Board ZBA Individual Files Building Inspectors delivery) Mr. Benjamin Kowalchuk, 3375 Wells Road, Peconic Mr. and Mrs. Frank Ammirati, 730 Love Lane, Mattituck, NY Mrs. Ruth Bohn, Box 453, Beebe Drive, Cutchogue, NY Mr. John DeRidder, as agent for Sunbow Associates 240 Wampum Way, Southold, NY Mr. Glenn Heidtmann, Box 932, Cox Lane, Cutchogue as builder for Robert Hungerford Mr. and Mrs. Eugene Giannone, Main Road, Mattituck, NY 11952 FORM NO. 3[ TO~VN OF SOUTiIOLD BUILDING DEPARTMENT TOW~ CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL ' '.~. File No ............... To~.~ .~ ~ :... ~~~..~.:~....~r.~... : F) ,, PLEASE TAKE NO~CE that:yoor a;plication dated... ~.. ~..~ ....... 19 .~ ~.~. for pem~it to constn~ct ~g~ ~..,.~. ~q. ~..~.~.'- · Location of Property ~0...'... ~.*'~ ~ .~- ~.~-.'...O ~ ........ /louse No. , ~reet ~ Ham/et County Tax Map No. 1000 Section ..... ~.l ~ ..... Block ...... ~ ~ .... Lot' . .~. '. ~ ........ Subdivision~t~g~ E~ Filed M~,p No ...~ ...... ~,.. L~tNo...~.tt ........... · .............. ' is ~e~um~ ~erewRh ~nd disapproved on ~he followin~ grounds~:....~. ~ .~..~.., .~. . · ............. ~. ~ ~: ~. ,~ ~-~.*..~.. ~ ~.~ ~ ~..2,:.~ ~.. .......... ~ Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR I~E~EIVED o41985 TO THE ZONING BOARD OF APPEALS, TOWN OP ............. of ..... Nome of Appellant Street and Number Southold Town ~ew...¥o, rk ......... HEREBY APPEAL TO Municipality State APPEL NO. / DATE ..... ...~...::~...~.~.,. ~-S ' THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..........~,p~.~...~.,.....~..9...8..5. ........... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit Lk' .................................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Build Garage ( 2 car ) 1. LOCATION OF THE PROPERTY .......... .2?.6...O...,G.~..a...~..d..¥..J:..e..w.....D...~.~..e. ......................................... Street Use District on Zoning Map Grandview Estates 4 Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article 3 Section 100-32 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (X) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. t6 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 cppeal was ( ) request for o special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) ~(X) ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance rear yard set back Fo~un ZB1 (Continue on other side) REASON FOR APPEAL Continued I, STRICT APPLICATION O~: ~HE"OI~DINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~ ?, land area inadequate for garage use 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 property was laid out and structure built in 1915. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Garage location would be completely hidden by tree growth and vegetation from all three sided - West, South & East. STATE OF NEW YORK ) COUNTY SS NOTICE I$ ~JV. ~ the]Msn Law at 7:~ p.m, ~ ~.~S~ ~xception ~ the ~i~ ~1~~ for permission in ~u~ with a single- family ~ti~l use at pre- m~s I~ ~n this "C-Light k~ as ~ ~ve Uan~, ~Mat- e~ ~t- Side of Be~ ~ Cutc~u~. NY; COunty Tax ~ap Dist~a 1~, 103, Bl~g q~ts 2 and V~an~ 16 the ~a~ ~dia- ~ ~icle VII, ~'l~- Main R~d, 'Ma~ituCk~ Coun~'~ M~ Di~ 1~, . r 7:5~ p.m. ROBERT HUN- GERFORD- Appeal.No. 3427. Variance to the Zoni~g' ordin- 32 for ~ission a~es~ g~ge stature ~ ~ ~ yarg;,at 2~'Grgnd. ~ ~ve, Grandview Estates ~Y; C0u,cy T~ Map Distfi~ , Sea~n 14, BIo~ 2, ~t; ~05 p.m. EUGENE AND DIANE GIANNONE- Appeal No. ~16. V~an~ to the S~ion 1~-32 for approval of ~e ~nstruction of an acces- so~ garage structure in an ~a other than ~e required COUNI~Y 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 .......... q. .......... day of .... . .-~.//.~..., 19. ~ Sworn to before me this ......... ~. ........... day of Notary Public BARBARA FORBES ~qotary Public, State of New York 1%. 4806M6 Qualified in Suffolk County Commission Expires March 30, 19 c~/, COUNTY OF' SUFFOLK Department of Plannin$ 360-5206 Town of Southold Board of Appeals December 26, 1985 Pursuant co the requirements of Sections 1323 to 1332 of the Suffol~ Cotmty Charter, the following application(s) which have been referred to the Suffolk Coonc7 Pl=~tnS Comtssion are considered to be · m~cCar for local determina- tion. I decision ot local determination should hOC be construed u etcher an approval or a disapprov~t. Applicant(s) Mtmtcipal File ~mbar(s) Peter & Helen Puric Mr. & Mrs. Frank Ammirati Mr. & Mrs. Fred Schoenbaechler Mr. & Mrs. Peter Puric Benjamin Kowalchuk Robert Hungerford 3401 3407 3414 3415 3417 3427 Very truly yours, Lee E. Koppelmaa Director of Planning Chief Southold Town Board o£ Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN December ,,5, 985 CHARLES GRIGONIS, 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: XXX Variance from the Zoning Code, Article I]1 , Section 100-32 Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section ~ Special Permit Appeal No.: 3427 Applicant: Robert Hungerford Location of Affected Land: 2460 Grandview Drive, Grandview County Tax Map Item No.: 1000-14-2~3.8 Within 500 feet of: Town or Village Boundary Line ××× Body of Water (Bay, Sound or Estuary) 'State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally- ~ Owned Land Boundary of Existing or Proposed County, State or Federal Park ~ or Other Recreation Area Existing or Proposed Right-of-Way of Any Stream or Drainage -- Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, Estates,Orient,N or within One Mile of a Nuclear Power Plant within One Mile of An Airport. COMMENTS: Applicant is requesting permission to ]0cate acce$$0r¥ garage structure in an area other than the required rear yard Copies of TOwn file and related documents enclosed herewith for your review.Dated: ~ I~-{~lq~ Secretary. Board of Aopeals S th ldTow B d lApp Is MAIN ROAD- STATE ROAD 25 c:OUTHOLD. 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. SAWlC½[ December 6, 1985 Mr. Glenn F. Heidtmann Heidtmann & Son, Inc. P.O. Box 932, Cox Lane Cutchogue, NY 11935 Re: Appeal No. 3427 - Robert Hungerford (Variance) 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 ~? 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 CHAIRMAN By Linda F. Secretary Commission Kowalski Southold Town Board of Appeals MAIN RDAD- BTATE Er'lAD 2.5 BDUTHDLD, L.I., N.Y. '1'19'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS November 14, 1985 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S . E . Q . R .A . SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPHH. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: · 3427 ?ROJECT NAME: Robert Hungerford 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 k~w #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: permission to locate accessory garage in front yard LOCATION OF PROJECT: Town of .Sou~%~%~o~r~%n~ij ~yffolk, more I~art~cu]arly known as: 2460 Grandvlew , , REASON(S) SUPPORTING THIS DETERMINATION: (l) An Environmental Assessment in the short form has been ~ubmitted which indicates that no signifioant adverse effects to environment are likely to occur should this project be imple- me~ted as planned; (2) This property is located more than 100 feet from bluff area. (3) Construction proposed is landward of existing structures. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall~ Southold, NY 11971; tel. 516- ~'65-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted the Town Clerk Bulletin Board. LEGAL NOTICE NOTICE IS HEREBY GIVEN pursuant to Section 267 of the Town Law and the Code of the Town of Seuthold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Seuthold Town Hall, Main Road, Seuthold, NY at a Regular Meet- lng commencing at 7:30 p.m. on THURSDAY, NOVEMBER 14, 1985 and as follows: 7:35 p.m. BENJAMIN KOW- ALCHUK - Appeal No. 3417: Variance to the Zoning Ordi~ nance, Article HI, Section 100-32 for permission to locate accessory lawn building in an area other than the required rear yard at 3375 Wells Road, Peconic, NY; County Tax Map District 1000, Section 86, Block 2, Lot 8. 7:40 p.m. FRANK AND DIANE AMMIRATI - Appeal No. 3407. Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for permis- sion to establish a retail food store in conjunction with a single-family residential use at premises located in this "C-Light Industrial" Zoning District, known as 730 Love Lane, Mat- tituck, NY; County Tax Map Dis- trict 1000, Section 140, Block 2, LOt 18. 7:45 p.m. RUTH BOHN - Ap- peal No. 3373. Variance to the Zoning OrdinalS, Article IH, Section 100-~]~ulk Schedule, for approval of insuffic/ent lot area and width (fronage) of two parcels located at the west side of Beebo Drive, Cutcbogue, NY; County Tax Map District 1000, Section 103, Block 9, Lots 2 and 3. 7:50 p.m. SUNBOW AS- SOCIATES - Appeal No. 3420. Variance to the Zoning Oedi: nance, Article VII, Section 100, 71, Bulk Schedule for approval of insufficient lot width (fron- rage) of four proposed parcels lo- cared at the north side of Main Road, Mattituck, NY; County Tax Map District 1000, Section 122, Block 06, Lot 29.  7:55 p.m. ROBERT UNGERFORD - Appeal No. 27. Variance to the Zoning Or- nance, Article III, Section 100- 3 for permission to locate acces- sory garage structure in an area her than the required rear ~ yard at 2460 Grandview Drive, lGrandview Estates Subdivision LOt #4, Orient, NY; County Tax !Map District 1000, Section 14, Clock 2, Lot 3.8. ~8:05 p.m. EUGENE AND I~ANE GIANNONE - Appeal N~ ~416. Variance to the Zoning Ordinance, Article Ill, Sedtion 100-32 for approval of the con- struction of an accessory garage structure in an area other than the required rear yard at prem- ises identified on the Suffolk County Tax Maps as District 1000, Section 106, Block 8, Lot 50.07 (part of 50.3), located on a private right-of-way offer Sunset Drive, Mattituck, NY. The Board of Appeals will hear at said time and place all persons desiring to De heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the hearing in question. For more in- formation, please call 765-1809 (alt. 1802). Dated: October 24, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1TN7-5069 STATE OF NEW YORK I SS: COUNTY OF SUFFOLK ) Mary K. Degnan ofGreenport, in said County. being duly sworn, says that ha/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 1 weeks successively, commencing on the 7 dayof November 19 _IL5 ,ff /Princi/p/al Clerk // Sworn to before me,his ~ ~N~ ~, ~ Southold Town Board of Appeals MAIN RE}AD- ~TATE RE}AD 25 5E}UTHPILD, 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 I'L 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 hearin9' 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}L~I RMAN lk Enclosure JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OFTHETOWN CLERK TOWN OFSOUTHOLD November 4, 1985 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3427 application of Heidtmann & Son, Inc. for Robert Hungerford for a variance. Also inc.luded is Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department; letter relative to N.Y.S. Tidal Wetlands Land-Use; letters included with notice to adjacent property owners; survey; and plans. Judith T. Terry Southold Town Clerl( TOWN OF $OUTHOLD, NEW YO~ APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. DATE ...... .J..g..q.e.... 3..2..t.. ~ 9 8 5 Name of Appellant Street and Number Southold Town ............................................................................................. N. ew...Y.ark ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..........~xg[.~.1....~.,.....]...9....8..5. ............ WHEREBY THE BUILDING INSPECTOR DENIED TO Robert Hungerford Name of Applicant for permit Street and Number Municipality ..... ~tate ................ ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Build Garage ( 2 car ) 1. LOCATION OF THE PROPERTY 2460 Grandview Drive Street Use District on Zoning Map Grandview Estates 4 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 3 Section 100-32 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 : 4. PREVIOUS APPEAL A previous appeal (has) (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) () is requested for the reason that REASON FOR, APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance rear yard set back Form ZB1 (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because land area inadequate for garage use 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 prope~t~ 'was "laid out and structure built in 1915. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE C~IARACTER OF THE DISTRICT because Garage location would be completely hidden by tree growth and vegetation from all three sided - West, South & East. STATE OF NEWYORK ) COUNTY SS Signature _~ ,,, 5worn to this ..../...~.C.:,~,¥~. ............................. doy u, ......... 7'~-¢::,,..,.~.,..~-,.~. ....................... 19-~ {/Notary P~blic BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals of the Town of Southold : YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. Th.a~ !?tention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~.~r~ance)~)~pecial Exception)(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: 3. That the property which is the subject of such Petition is located in the fo owing zoning district: /oooi, r, : . . ........ /I .... ' /-'. 4~~ following r,lief:~ $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Sectio~ [ '1 Section gS0-^, New York Town Law for approval of access over right(s)-0f-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 ma)' then and there examine the same during regular office hours. (53.6) 765-3809. 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. NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRES~S STATEOFNEWYORK) COUNTY OF SUFFOLK) SS.: ~_(~??~,~,-~,/~/~-?/Z'~Z~; x~--~-'7~,/~-~- C ~ J being d~uly sw~orn d~ ose~ and s[vs that on the ' - ' '/ ~ f - ' ' · ' c - ' , P . ~day Of /(/ ~.// ~L~'./'~/'~j~ r,19 ~/ ..> ,deponent mailed a true copy of the.Notice set forth ntnere- 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 a,s. sessment roll of t. he ~Fown of Southold; that said Notices were mailed at the United States Post Of- (certified)~ail. / ; that said Notices were mailed to each of said persons by (~ '~ Sworn lo, before me this J~-~" __ Notary Public ~RY BESS PHILLIp ~1 No. 46~0~5 ~ ~n Suffol~ (This side does not have' to be completed on form transmitted to adjoining property owners.) The N.Y.S. [nvironl, ental QualiLy I~e¢i~w Act: requires sub.- mission of Lhis~orm, arid an ellvirunme;~Lal~r~eview will be made by this b~d before any action is tarsi. SHORT ?NVIRO~D,tEN.~.aL ASSZ.UY~ENT FOFt_~ (a) In crier to answer the questtcn~ in thi: sh,,rt EAF !~ 1~ a~ume~ t~at the (el If all que~%iCns hays been anew%rod N~, ~ !s likeiy t~t thl9 project 19 2F~ significant. (d) 5~v 1rcn~zenta~ Assessment 10. !1. 12. iL. Will project rs~ulr in a large ]hy~Ic~,l cbmnge ' ~ ..... '~' physically alter more Will there be a malcr change to any ~Lnlque or unustJai la~d fern f&lind on tho WLi1r,.~,, alter or hay. a largo ~ffact on an exigt%n~ body Of water? . . . ~ . Willp~.~.,.~"~ .... have a potentially ~arge lmi~co on gromd ~ual~t7? Will project significantly effect drainage fl~w Will ~' pro.~ .... affect any threatene~ cr endangered Will prczect result in a maJcr adverse alt ~uaiity~ , o . . . , . . Yes / NO Will project have s major effect on Will project adversely Lnpact any site or st:ru'ct~ ute of historic, pre-n!storic~ or pa£~ontoi¢,gical importance or any site des~nated am a critical environmea~i area by a local agency? . . . Will project have a ~ajor effect on exi~tLng cr fuaure recreationa~ oppora%~nities? . · Y~s / . . . Yes / NO Will project result in major traffic probler;s or Will project regularly caus{~ objectionable ~otse, glare, vibration, or ele.'trlcai distur~ anco as a result cf the project'u operation? . Ye3~ . Will project have any impact on pub31c hc~alttl or safety" · · · , · · . . , * . 'fee Will project gffec% the existing com,~unity by directly causing a ~rc~th tn pe!:-.an.nt popula- QUEST!ONNAIRE 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 ~3rook, NY 1179% Itel. 516-751-7900), 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. [ ] 2. [ ] 3. [ ] 4. 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 waterfront or wetlands area; however, the following structure separates thy property from this environnlental 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 wilt 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 photograpi~s of the project 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(si.