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Home My WebLink About33702320 Gillette Dr. Robert Kenney 038 024 5.14.85-~ 3370 Variance for rearya~d se%-~ack~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3370 Application Dated May 14, 1985 (Public Hearing August 8, 1985) TO: Mr. Robert N. Kenney [Appellant(s)] 2320 Gillette Drive P.O. Box 392 East Marion, NY 11939 At a Meeting of the above on your the Zoning Board of Appeals held on August 8, 1985 appeal was considered, and the action indicated below was taken [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the ~gning Ordinance Article , Section ~X] Request for Variance to the Zoning Ordinance Article III, Section ]00-3], Bulk Schedule [ ] Request for Application for ROBERT N. KENNEY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct deck addition to dwelling with an insufficient rearyard setback at premises identified as 2320 Gillette Drive, East Marion, NY~ Marion Manor Subdivision, Filed Map 2038, Lot 11; County Tax Map Parcel No. 1000-38-02-024. WHEREAS, a public hearing was held and concluded on July 18, 1985, in the Matter of the Application of ROBERT N. KENNEY; and WHEREAS, the board members have considered all testimony and documentation entered into the record in this matter, and it is noted for the record that there has been no opposition entered concerning this appeal application; and WHEREAS, the board members are personally familiar with the premises in question and the surrounding properties; and WHEREAS, the board made the following findings of fact: 1. This is an application for an area variance for permission to place a proposed 10' by 20' deck addition at the rear (westerly) of the existing dwelling, with an insufficient setback at 26½ feet. 2. The parcel in question is known and identified as Lot ll, Marion Manor Filed Subdivision Map 2038, located on the west side of Gillette Drive, East Marion; County Tax Map District 1000, Section 38, Block 02, Lot 024. 3. The subject premises is presently improved with a single- family frame house with setbacks from the front property line at 35 feet and from the rear property line at 36½ feet. The parcel fronts along Gillette Drive 105 feet and has a depth of 100 feet. 4. It is the opinion of the board that the ten-foot deck (CONTINUED ON PAGE TWO) DATED: August 9, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3370 Matter of ROBERT N. KENNEY Decision Rendered August 8, 1985 addition as applied is not unreasonable considering the substandard size of this parcel, the feasible placement of the dwelling, and the limited building area for the principal building. In considering this appeal, the board determines that the relief be approved as requested for the reasons stated above and (1) the deck addition will not substantially alter the character of the district; (2) the deck will not be adverse to adjoining properties: (3) the variance will not cause a substantial effect of increased population density; (4) in view of the substandard size of this parcel and conforming setbacks of the dwelling as exists, the difficulty cannot be obviated by some method feasible to appellant to pursue other than a variance; (5) the relief requested is not substantial in rela- tion to the zoning requirements; (6) in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3370 in the Matter of the Application of ROBERT N. KENNEY to con- struct a 10' by 20' deck addition with a setback from the rear property line at 26½ feet as requested and SUBJECT TO THE FOLLOW- ING CONDITIONS: 1. That the deck remain open, not to be enclosed for additional livable area; 2. That there be no lighting that would be adverse to neighboring properties; 3. That the setback not be reduced to less than the requested 26½ feet from the rear property line. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk GERARD P. GOEHRINGER, C~IRMAN August 9, 1985 THE $OUTHOLD TOWN DATE~ HOUR ~.o TOwn Oerk, Town ..... NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, JULY 18, 1985, and as follows: 7:30 p.m. JOSEPH AND ARLENE LESTINGI - Hearing to be Permission to locate garage in frontyard area. 1150 Sound Greenport. reconvened. Drive, 7:35 p.m. SOCRATES AND DAPHNE SPIRAKIS - Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for appr6val of a garage addition to dw611in9 cohst~ted with an insufficient setback from the northerly sideyard area at premises identified as 500 Teepee Trail, at "N~nnakoma W~ers," Southold, NY; County Tax Map Parcel No. 1000-82-02-23. 7:40 p.m. JOHN AND LORRAINE FABRY Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition to dwelling with an insufficient setback from exi~tin§ highwater mark at premises identified as 3700 Deephole Drive, Matti- tuck, NY; County Tax Map Parcel No. 1000-115-17-007. ~7:45 p.m. - to Zoning Ordinance, ROBERT N. KENNEY Variance the ~Article III, SectiOn lO~-31~ulk Schedule, for permission to con- ~struct deck addition to dwelling with an insufficient rearyard setback at premises identified as 2320 Gillette Drive, East Marion, 1NY; Marion Manor Subdivision, Filed Map 2038, Lot 11; County Tax /Map Parcel No. 1000-38-02-024. 7:55 p.m. R.L. BERGEN OIL CO., INC. - Variance to the Zoning Ordinance, Article VI, Section 100-60 (100-80(C)[2])for permission to erect detached ground sign, the lower edge of which i~§-~rbposed to be less than four feet above ground. Premises zoned "C-Light" Indus- trial and identified as 9275 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-122-06-12. 8:00 p.m. SOUTHLAND CORP. (7-11) - Variance to the Zoning Ordinance, Article XI, Section lO0-119.1(a) for permission to construct fence in ~xcess of height limitations in frontyard area at premises iden- tified as 56480 Main Road, Southold, NY; County Tax Map Parcel No. 1000-62-03-37. (B-1 Business Zoning District). 8:05 p.m. JOHN F. MARTIN Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to erect radio antenna tower in excess df height limitations for accessory structures at premises identified as 815 Old Shipyard Lane, Southold., NY; Founders Homes~Su§divi§ibn Lots 104 and 105; County Tax Map Parcel No. 1000-64-05-19. Page 2 Legal Notice of Hearings Regular Me,ting of July ~8, 1985 Southold Town Board of Appeals 8:10 p.m. COMMUNITY CHRISTIAN FELLOWSHIP, INC. Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[2] for permission to establish and locate church for worship in this "A~80" Residential and Agricultural Zoning District. Location of Premises: 11565 C.R. 48 (a/k/a 11565 Wickham Avenue), Mattituck, NY; County Tax Map Parcel No. 1000-108-01-003. 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 submitted prior to the conclusion of the hearing in question. (Tel. 765-1809 or 1802). Dated: June 27, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN Instructions to newspapers: Please publish once, to wit: THURSDAY, JULY ll, 1985 and forward 7 affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971. Copies to M~. David Mr. and Mrs. Socrates Spirakis, Mr. John DeReeder, as agent Mr. and Mrs. John Fabry, 73-23 53rd Road, Mr. Robert N. Kenney, 2320 Gillette Drive, Mr. Dale M. Bergen, Pres., R.L. Bergen Oil Mattituck, NY 11952 Thomas J. Osborne, Esq. as Esseks, Hefter, Cuddy the following on or about 7/8/85: Kapell as agent for Lesting_~ 139 Stratford Avenue, Garden City, NY 11530 Maspeth, NY 11378 Box 392, East Marion 11939 Co., Inc., 9275 Main Road, attorney for Southland Corp. (7-11) & Angel, 108 East Main St., Box 279, Mr. John F. Martin, 815 Old Shipyard Lane, Southold, NY 11971 Riverhead Mr. Carl Daniel Reiter, Jr. as agent for Community Christian Fellowship, Inc., 7980 Wickham Avenue (a/k/a 11565 C.R. 48), Mattituck, NY 11952 P.O. Box 780, Mattituck, NY 11952 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL P~ASE TAKE NOTICE that your ~ dated ...~.'.% .... ( ~ ...... 19 ~ ~-- Hou~ No. S~et Hamlet ...~.~ '.~. ~ .... ~ ~ ~ ~. . . ~ ~. . .~ ~ ~ .......... ... ~~. ~ ............................................. Building Inspector RV 1/80 R IIVL 1985 TOWN OF SOUTHOLD, NEW YORK ~JJ~OM DECISION OF BUILDING INSPECTOR APPEAL NO...-~ D ,~ DATE . ~-~..~.~. w ./~q~d~~' TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) .... Name of Appella.nt Street and Number ....... ~'~'""~~' ............................................ ~tat~ ..........HEREBY APP~L TO Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...~.C.~,.! ........ [~..[: .................... ~.~ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Municipality. ~ State j~t r e,~ N~.~:: ( __PERMIT TO ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ..,~.E~.~......&~...//..~...~...~,...Z~.b,~ ............................................ Street Use District on Zoning Map .... /v~op 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.) .... Ii/D-,Il., 3. TYPE OF APPEAL Appeal is made herewith (or ( ~ 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 ) ~s requested for the reason that Eorm 7.B1 (Continue on other side) REASON FOR APPEAL Continued 1. 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 ) ss .......... ; ......... COUNTY OF ~'~Y-'~ ) Signature Sworn to this ............ /....~... .......................... day of ............ Z~..~ ............................. 19 OWNER TOWN FORMER OWNER OF $OUTHOLD PROPERTY STREET ! VILLAGE '"-' N RECORD CARD i DIST. i SUB.~/ LOT // E AcR. / W TYPE OF BUILDING REMARKS LAND iMP. TOTAL ! DATE ~0~ / ~'06 ~ /~ ~/ i ~ ~ ~/~'- ~,~::' ,. --. ,, ,. ~ . /f *6E ~ ~U~LD,N~ CON6~TtON N~ ~o~ ~ow .~ow FARM Acre Value Per i Value Ac re Tillable 1 Tillable 2 Tillable 3 i Woodland J Swampland I~ FRONTAGE ON WATER I Brus~land ~ FRONTAGE ON ROAD , / ~ House Plot '. DEPTH / J ! BULKHEAD To~tal I DOCK NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the fol- lowing public 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, JULY 18, 1985, and as follows: 7:30 p.m. JOSEPH AND ARLENE LESTINGI- Hearing to be rcconvened. Permission to locate garage in frontyard area. 1150 Sound Drive, Greenport. 7:35 p.m. SOCRATES AND DAPHNE SPIRAKIS- Vari- ance to thc Zoning Ordinance, Article 111, Section 100-31, Bulk Schedule, for approval of a garage addition to dwelling constructed with an insuffi- cient setback from the norther- ly sideyard area at premises identified as 500 Teepee Trail, at "Nunnakoma Waters," Southold, NY; County Tax Map parcel No. 1000-82-02-23. 7:40 p.m. JOHN AND LOR- RAINE FABRY- Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for per- mission to construct deck addi- tion to dwelling with an insuf- ficient- setback from existing highwater mark at premises identified as 3700 Deephole Drive, Mattituck, NY; county Tax Map Parcel No. 1000-115- y7:45 p.m. ROBERT N. KEN- ~ EY- Variance to the Zoning rdinance, Article IR, Section ~0-31, Bulk Schedule, for per- nission to construct deck addi- tion to dwelling with an insuf- ficient rearyard setback at pre- i mises identified as 2320 Gil- lette Drive, East Marion, NY; larion Manor Subdivision, led Map 2038, Lot 11; Coun- Tax Map Parcel No. 1000- -02-024. 7:55 p.m.R.L. BERGEN L CO., INC.- Variance to the Zoning Ordinance, Article Vl, Section 100-60 (100-80(C)[2]) for permission to erect detach- ed ground sign, the lower edge of which is proposed to be less than four feet above ground. Premises zoned "C-Light" In- dustrial and identifted as 9275 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-122-06-12. 8:00 p.m. SOUTHLAND Cqrp. (7-11)- Variance to the Zoning Ordinance, Article XI, Section 100-119.1(a) for permission to construct fence in excess of height limitations in frontyard area at premises identified at 56480 Main Road, Southold, NY; County Tax Map Parcel No. 1000-62-03-37. (B-1 Busi- ness Zoning District). 8:05 p.m. JOHN F~ MAR- TIN- Variance to the Zoning Ordinnnce, Article 111, Section 100-32 for perm'msion to erect radio antenna tower in excess of height limitations for acces- sory structures at premises identified as 815 Old Shipyard Lane, Southold, NY; Founders Homes Subdivision Lots 104 and 105; County Tax Map Parcel No. 1000-64-05-19. 8:10 p.m. COMMUNITY CHRISTIAN FELLOWSHIP, INC.- Special Exception to the Zoning Ordinance, Article IR, Section 100-30(B)[2] for per- mission to establish and locate church for worship in this "A-80" Residential and Agri- cultural Zoninn District. Loca- tion. of Premises: 11565 C.R. 48 (a/k/a 11565 Wickham Av- enue), Mattituck, NY; County Tax Map Parcel No. 1000-108- 01-003. 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 conclu- sion of the hearing in question. (tel. 765-1809 or 1802). Dated: June 27, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER COUNTY OF SUFFOLK STATE OF NEW YORK SS: 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 .......... ..z?..~ ....... oZ,,, of ........ ....... .... ( ×/ ~-~ Sworn to before me this ......... : ........... day of ....... ,:...t ........... 19 ..... Notary Public BARBARA FORBES Notary Public, State of New York No. 48(~o846 Qualified in Suffolk County Com,~,iission Expires March 8% 19 ~ South°Id Town Board of Appeals MAIN ROAD- BTATE ROAD 25 BOUTHDLD, L.I., N.Y, 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS June 27, 1985 GERARD P. GOEHRINGER, CHAIRMAN S.E.Q. RoA° CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. NEGATIV]3 ENVIRON~IENTAL DECLAPJkTION ROBERT 3. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3370 PROJECT NAME: Robert Kenney 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 Enviror~ental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the wit%in project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: ~-Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance to construct deck addition to dwelling with an insufficient rearyard setback. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 2320 Gillette Driv~ E~t M~.ri0n , NY. REASON(S) SUPPORTING THIS DETEP~4INATION: (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 question 'i~ not located within 300 feet tidal wetlands or other critical environmental area of FOR FURTHER INFOP~MATION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appealed. 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. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11971 TELEPHONE (516) 765-1809 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-Watchmanf 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)~ or Barbara Rudder. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure JUDITtl T. TERRY TOWN CLFRK RI.t;~SIRAR OI VITAl SI \IISI'ICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 May 14, 1985 To -- Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3370 application of Robert N. Kenney for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. Judith T. Terry Southold Town Clerk Southold Town Board o£Appeals MAIN ROAD-STATE ROAD 2S SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI August 9, 1985 Mr. Robert N. Kenney 2320 Gillette Drive P.O. Box 392 East Marion, NY 11939 Re: Appeal No. 3370 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 ~he building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board o£Appeals MAIN ROAD- STATI=' ROAD 25 BOUTHOLDo L.I., N,Y. 1'1c:J'71 TELEPHONE (516) 765-1809 May 28, 1985 Mr. Robert N. Kenney 2320 Gillette Drive, P.O. East Marion, NY 11939 Box 392 Re: Appeal No. 3370 Dear Mr. Kenney: This letter will acknowledge receipt of your recent application. The Members of the Board of Appeals will be conducting field inspections, and environmental reviews as may be required by State and local laws prior to their scheduling your application for public hearing. Althuugh the earliest available date for public hearing at this time is on or about late July, written confirmation will be sent to you within the next couple of weeks. A copy of the legal notice of hearing will be furnished prior to our publishing same in the Suffolk Times and L. I. Traveler.- Watchman. Please feel free to call if you have any questions. ~',,urs very truly, GERARD P. GOEHRINGER CHAIRMAN By Barbara Rudder .... RODERICK VAN T~,.JYL, P.C. LIC£NSED LAND SUR¥~'YOR$ GR££NPORT N£W YORK CON~ DAT H.S. Legal Notices LEGAL NOTICE NOTICE IS HEREBy GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, .southold, NY at a Regular Meet- lng commencing at 7:30 p.m. on THURSDAy, JULY 18, 1985, and as follows: 7:30 p.m. JOSEPH AND LENE LESTINGI - Hearing to be reC°nvenod. Permission to 1o- cate garage in frontyard area. 1150 Sound Drive, Greenport. 7:35 p.m. SOCRATES AND DAPHNE SPIRAKIS - Vari- ance to the Zoning Ordinance, Article ffl, Section 100-31, Bulk Schedule, for approval of a gar- age addition to dwelling con- structed with an insufficient set- back from the northerly sideyard area at premises identified as 500 Teepee Trail, at "Nun- nakoma Waters," Southold, NY; County Tax Map Parcel No. 1000-82-02-23. 7:40 p.m. JOHN AND LOR. RA1NE FABRY - Variance to the Zoning Ordinance, Article X.I, Section 100-119.2 for perrnis- sion to construct deck addition to dwelling with an insufficient set- back from existing highwater mark at premises identified as 3700 Deephole Drive, Mattituck, NY; County Tax Map Parcel No. 1000-115-17-007. /~. 7:45 p.m. ROBERT N. KEN° (x~NI~,Y - Variance to the Zoning ~,rdinance, Article HI, Section /lq0-31, Bulk Schedule, for per- / .m. ission to construct deck addi- ~ t!on to dwelling with an insuff- "hcient rearyard setback at prem- /i~s? identified as 2320 Gillette / Drive, East Marion, NY; Marion I ~M~anor Subdivision, Filed Map I 2038, Lot 11; County Tax Map ~Parcel No. 1000-38-02-024. ~,7:55 p.m.R.L. BERGEN OIL CO., INC. - Variance to the Zon- mg Ordinance, Article VI, Soc- tion 100-60 (100-80(C)[2]) for permission to erect detached ground sign, the lower edge of which is proposed to be less than four feet above ground. Premises zoned "C-Light" Industrial and identified as 9275 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-122-06-12. 8:00 p.m. SOUTHLAND CORP. (7-11) - Variance to the Zoning Ordinance, Article XI, Section 100-119.1(a) for permis- sion to construct fence in excess of height limitations in frontyard area at premises identified as 56480 Main Road, Southold, NY; County Tax Map Parcel No. 1000-62-03-37. (B-I Business Zoning District). 8:05 p.m. JOHN F. MARTIN - Variance to the Zoning Ordi- nance, Article IH, Section 100-32 for perm/ssion to erect radio an. tenna tower in excess of height limitations for accessory struc- tures at premises identified as 815 Old Shipyard Lane, South- old, NY; Founders Homes Sub- division Lots 104 and 105; County Tax Map Parcel No. 1000-64-05-19. 8:10 p.m. COMMUNITY CHRISTIAN FELLOWSHIP, INC. - Special Exception to the Zoning Ordinance, Article HI, S~ction 100-30(B)[2] for permis- sen to establish and locate church for worship in this "A-80' Residential and Agricultural Zoning District. Location of Premises: 11565 C.R. 48 (a/k/a 11565 Wickham Avenue), Mat- tituck, NY; County Tax Map Par- cel No. 1000-108-01-003. The Board of Appeals will hear at said time and place all persons desiring to bo heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the hearing in question. (Tel. 765- 1809 or 1802). Dated: June 27, 1985. BY ORDER OF 'THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) ANNA LEKKAS of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, e Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk end State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 11 dayof July 19 85 Principal Clerk Sworn to before me this 11 d -of July ~N M. ABATE a~a. ,~ ii ,,,, , ~ito~'~? P~!~LIC, State of Now · It~LItVED MAY ! 41985 TOWN OF SOUTHOLD, NEW YORK t'~.~ ~bl~E.e,/~.,,~OM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)......~..O.~.4~,-,~.......~.,....../~/,/4g~.t..of ..~-~.~....~'/~....~.,.'..//~...~.....~.-~.,... Name of Appelia,nt Street and Number ........... '.~.,,~.~,. ....... ................................................... ~..'..~.. ......... HEREBY APPEAL TO Municipality Std~te THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...... J..-~.p..~.i...~ ....... ~...~..~....j...o).~.?. .... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ..... ~;';;;~' ~'~"~ L; ;~ ~;; ........................ '~'~',~'i~i'~;~i; ~'~; .......... ~ ......... ~,~-; ....................... ) PERMIT TO ~ /O,-l)]) ',5,~ l/~ ~ ~.~J..~ , ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ...~..~ ........................... ~ ........................................... Street Use District on Zoning Mop ·/..~o...,..$~.~,...r~.~.~.....J/~,.~.Z.,..~..~...~- 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.) / 3. TYPE OF APPEAL Appeal is made herewith for ( I~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws ArL 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 oppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ~ A Variance to the Zoning Ordinance ) ~s requested for the reason that FOlUr~ ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory 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 .4~ ~ ~ ~z< -o~'-~'~e/~ ~ COUNTY OF cSA/~Z-~ ss ........ ;~; ......... Sworn to this ........... ./...~.. ........................... day of.... ........................................ 19~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' the Pe~.p of : to the Board of Appeals of the lown of uthold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~,.~arianc~.)(Special Exception) (Special Permit) (Other) [circle choice] ~ That the property which is. the subject of t~he Petition is located adjacent to your property and is des- ~ cribed as follows: .~.?.~-o ~ '/~)."'T, / ~-~ ~Lzr.~~ ~1~'~/'/ 3. That the property which is the subject of sgch Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ~ ~ ~/¢ $. That the provisions of the Southold Town Zoning Code applicable to the relief s~ought by the under- signed are Art~.cle ~ Sect&c~. /~_ .~ ,/ .~/jC/~' _~,./~o~1/~_~/,:~ [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Owners'Names: ~)/~ Post Office Addr,~,.~ ~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS u~ ~ ~~?-~5 / '/ RECEIPT FOP, cERTIFIED MAIL rU ~ uJ~ ~ _ ./ uRANCE COVERAGE pROViDED ~ ~ ~ ~ (See Reverse) ~96L'qed 'OOg~ wJo:J Sd code fled Fee iai Deliver' Fee Deliver~ Fee Fees _~"a.~T- /~/A.~'~m/ , ' ~/ ~/ -/ , being duly sworn, deposes a : ~ 0f' ..... ' - ' ,19 ~, deponem maded a true copy of t ~ _-~ -~ verse ~id~-~ereof, directed to each of the above-named persons thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current ass~sment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by rice at ~'A-~ ~-- ~Z','g.~.~,~/' (certified) (,r.~lt~t~-ed) mail. '~ Sworn to before me this Iq']~ dayof /~LLI ,19 ~¥,~- Notary Public LINDA F. KOWALSKI NOTARY PUBLIC, State el Uew Yo~ No. 52-452~:771 Qualified in Suffolk County Commission Expires March 30, 198~ (This side does not have to be completed on form transmitted to adjoining .property owners.) · The N.Y.$. £nw~ronmental Quality Review A mission of this t~m, and an environmental made by this board before any action s taken. requires sub- iew will be .S,HORT ENVIRON74ENT~L A$S2SSMENT FORM (a) In order to answer the guestions in this shor~ EAF is is assume4 that preparer will use currently available information concerning the project and ~he likely impacts o£ the action. It is not expected ~hat additional studies, research or other inves~iga~ions will be undertaken. (t) If any question has teen answered Yes the project may be significan~ and completed Envirommen~al Assessment ¥orm is (c) If All questions have been answered No i~ is likely that this proJec~ is nc~ s~gnificanto (d) Fnvirommental Assessment 1. Will proJec: result in a large physical orange to the proJec~ site or physically alter more than 10 acres of land? . · . · · .... 2. Will ~here be a major change ~o any unique or unusual land form £ouna on the si~e? . 3. Will project alter or have a large effect on an existing body of wa~er? . , . &. Will project have a po=en~ially large lmpac~ on groundwater quality? , , o . , , . · Will proJec~ significantly effect drainage flow 6· Will project affect any threatened or endangered plan% or animal species? · . ° · · · 7. Will project result in a major savers· effect on Will proJec: have I major effec: on visual char- acter of the oo~munity or scenic view~ or known to be ~unpor~,ant ~o the community? · · · 9. Will proJec~ adversely im. pact any sits or e~ruct- ute of historic, pre-historic~ or paleontological importance or any site deeigna~e~ as a environmen~al area by a local agency? · . . 10. Will project have a major effect on existing or 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- anco as a result of the project's operation? . 13. Will project have any impact on public health or sa£ety? . . . . . . . . . , , . l&. Will proJec~ A£fect the existing community by dlrec%ly causing a ~_rowth in permanent popula- tion of more t,~an 5 percent over a one-year period o__r have a ~ajor negative e£fec~ on the character of the com.~uni%y ~r neighborhood?.. 15. Ts there publl~q_~ontroversy co;~cernln~ the project? R'~PRESE:~TIMC: ~-- DATE: .,, Yes ~F/~o , Yes .., Yes Yes //No ,, Yes No Yes ~'/No Yes QUESTIONNAIRE TO DE 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., 5tony ~arook, NY 11794, (tel. 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. [ ] I. [ ] 2. [ ] 4. [ ] 5. [ ] 6. [ ] 7. Waterfront without bulkheadin9 Waterfront with bulkheading in good cor~ditJon [ ] 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 Jny 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/waterfro[~t area. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.5. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processin9 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). 10/831k