HomeMy WebLinkAbout3410Flint Street 48
Clifford Cornell filed ~/25~85 ~3410 variance
~6~"'~,Suffieientr~aryardsetback. C~ ~'t~-~l '
Southold Town Board of Appeals
MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l
ACTION OF THE ZONING BOARD OF APPEALS
TELEPHONE (516) 765-1809
Appeal No. 3410
Application Dated September 25,
TO: Mr. Joseph C. C0rne]] and
Mr. C]iff0rd C0rne]]
P.O. Box 823
Southold, NY 11971
1 985
(Public Hearing 10/24/85)
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on November ]4,
the above appeal was considered, and the act$on in~i~ateC~below was taken
on your [ ] Request for Variance Due ~t~,~c~k ~f 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 /II , Section ]00-3], Bulk Schedule
[ ] Request for
Application of CLIFFORD CORNELL - Appeal No. 3410. Variance to the
Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permis-
sion to locate proposed single-family dwelling structure with an insuffi-
cient rearyard setback, premises identified on the Suffolk County Tax
Maps as District 1000, Section 48, Block 2, Lot 9, located on the North
Side of Flint Street, Greenport, NY; Greenport Driving Park Map No. 369,
Lot 84.
WHEREAS,
in the Matter
3410; and
a public hearing was held and concluded on October 24, 1985
of the Application of CLIFFORD CORNELL under Appeal No.
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 there has been no public opposition; and
WHEREAS, the board made the following findings of fact:
1. The property in question is located at the north side of
Flint Street, Greenport having a frontage (lot width) of 50 feet and
lot area of 3,920± sq. ft in area, and is referred to as Subdivision
Lot #84 of Subdivision Map of Greenport Driving Park, further identi-
fied on the Suffolk County Tax Maps as District 1000, Section 48,
Block 2, Lot 9.
2. The subject premises is vacant at the present time, except
for encroachments along the easterly property line as shown on
survey dated August 14, 1985, prepared by Roderick VanTuyl, P.C.
3. By this applicant, appellant requests permission to locate
a single-family dwelling with an insufficient rearyard setback at
not less than 27 feet from the northerly property line abutting
(CONTINUED ON PAGE TWO)
DATED: November 20,
Foz-m ZB4 (rev. 12/81)
1985.
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 Appeal No. 3410
Matter of CLIFFORD CORNELL
Decision Rendered November
14, 1985
Long Island Railroad premises.
4. Article III, Section 100-31, Bulk Schedule of the Zoning
Code as pertains to lots in the "A" Zoning District requires a
minimum rearyard setback at 35 feet, and the relief requested is
a maximum of 23%, or eight feet from the requirements.
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 since there are other properties
with structures at similar setbacks; (c) the relief as condi-
tionally granted will not cause a substantial effect or
detriment to adjoining properties; (d) the interests
of justice will be served by granting the variance, as
conditionally noted below.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Douglass, it was
RESOLVED, that the relief requested under Appeal No. 3410
in the Matter of the Application of CLIFFORD CORNELL for per-
mission to locate single-family dwelling with an insufficient
rearyard setback at not less than 27 feet as applied, BE AND
HEREBY IS APPROVED provided that all other zoning setback
requirements be complied with.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by
unanimous vote of all the members.
lk
November 20, 1985
$outhold Town Board of Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS. JR.
SERGE DOYEN. JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following public
hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at
the Southold Town Hall, Main Road, Southold, NY at a Regular
Meeting commencing at 7:30 p.m. on THURSDAY, OCTOBER 24, 1985,
and as follows:
7:35 p.m. CLIFFORD CORNELL Appeal No. 3410. Variance to
the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule,
for permission to locate proposed single-family dwelling structure
with an insufficient rearyard setback, premises ident~fied on
the Suffolk County Tax Maps as District lO00, Section 48, Block 2,
Lot 9; located on-the North Side of Flint Street, Greenport, NY;
Greenport Driving Park Map No. 369, Lot 84.
7:40 p.m, JOHN J. HAAS Appeal No. 3404. Variance to the
Zoning Ordinance, Article III, Section 100-32 for permission to
locate accessory garage structure in the frontyard area,~premises
identified on the Suffolk County Tax Maps as District 1000,
Section 141, Block 2~ Lot 15; 3325 C.R. 48, Mattituck, NY.
7:45 p.m. ANTONE GRIGONIS, JR. Appeal No. 3413. Variance .~
pursuant to New York Town Law, Section 280A, for approval of access
over p~ivate right-of-way located off the South Side of Old North
Road, Southold, NY, to premises in this proposed set-off division
a distance of 655 feet, identified on the S~'ffolk County Tax Maps
~-~'s Distr~ct l'O00, section 55, Block 2, part of Lot 8.1.
7:50 p.m. PETER AND HELEN PURIC - Appeal No. 3415. Variance
Page 2 Legal Noti~ of Hearings
$outhold Town Board of Appeals
Regular Meeting of October 24, 1985
to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule,
for permission to construct addition which exceeds the maximum-
permitted 20% lot coverage requirements (and with insufficient total
sideyards and reduction of the northerly sideyard as applied under
Appeal No. 3401), premises known as 1250 Second Street, New Suffolk,
NY; County Tax Map District lO00, Section ll7, Block 7, Lot 23.
7:55 p.m. PETER AND HELEN PURIC - Appeal No. 3401. (recessed
from October 3, 1985). 1250 Second Street, New Suffolk, NY.
8:00 p.m. STAMATIOS AND ELENI RAPANAKIS - Appeal No. 3405.
Variance to the Zoning Ordinance, Article XI, Section lO0-118[D)
permissiDn to reinstate nonconforming two-family dwelling use at
2030 Boisseau Avenue, Southold, NY; County Tax Map District 1000,
Section 55, Block 6, Lot 40.
8:05 p.m. FRED SCHOENBAECHLER - Appeal No. 3414. Variance
the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule,
for approval of the construction of dwelling structure with an
insufficient frontyard setback from the east property line,
premises known as 950 Gagen's Landing Road (a/k/a 2325 Clear¢iew
Avenue), Southold, NY; County Tax Map District 1000, Section 70~
Block 10, Lot 24.
for
to
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 ~he hear-
lng in question. For more information, please call 765-1809
(alt. 1802).
Dated: October 3, 1985. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P.
GOEHRINGER, CHAIRMAN
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD,'N.Y.
NOTICE OF DISAPPROVAL
. .?o.o. x .%~ .~ ........................
, ..~.. ~..~....~.~ .,..~ 't .~.I .....
PLEASE TAKE NOTICE that your application dated...~ .~.¢..-~....~...
~o~ ~=~ ~o -. ~~' f~' '~5 ............................. a~
~o~o~ o~ ~o~ .............. ~ ~5~.': .~~ ....
County T~ Map No. 1000 Section ... ~ .q .~ ..... Block ..... ~ .~ .... lint .... % .~ ......
~ ~"eo,,[ .. :¢.¢g No ....... , .....
Subdivision ..... ~ ......... Filed Map No ......... Lot .
is returned herewith and disapproved on the following grounds. ~.~..~
. ~ e~ ~ ~.~...~ ~. ~¢~....~.~.~..~. ~~.
.......................... : ...............................
Building Inspector
Rv 1/$0
~2 g.~ ~ 'row. o~, sou'r.o~.., .~ ~'o.~ ~-
~ ~AL FROM DECISION OF BUILDING INSPECTOR
DAT ......
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We)..~".v...~.~..~....~....~'.. ....... ...~_.~..~.~).~. .............. of'..~...6~..~..~ .....................................................
Name of Appellor~t Street and Number
............................ ~..~.~.. ............................................................. ' .......... HEREBY APPEAL TO
Municipality
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED .....................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
..... ..............................
Name of Applicant for permit
Street and Number Municipality .............. ~:~'1 ...........
() PERMIT TO USE
) PERMIT FOR OCCUPANCY
LOCATION OF THE PROPERTY ..... ..~T.).~.~..~..........~......~! ...... .~..~...er..~.~. ,,~.....~...'.~ ......................
Street Use District on Zoning Map
...................... -. ........................................................... Current Owner
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~-0rdi.nance.)
3. TYPE OF APPEAL Appeal is made herewith for
~ A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A prewous appeal (has) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No .............................. Dated ......................................................................
( )
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that
(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 ali properties alike in the immediate
vicinH~ of this property ana Jn this use district because
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE
CHARACTER OF THE DISTRICT because
THE
Notary Public /
~ P~, ~ ~ ~w Y~
OWNER
FORMER OWNER
STREET
N
PROPerTY
VILLAGE
E
W
ACR. ,.. ~,/
TYPE OF BUILDING
RES.
LAND
AGE
NEW
FARM~
Tillable.
~bodland
/91~adowlqnd
House Plot
SEAS.
IMP.
NORMAL
VL..~/[ FARM
TOTAL DATE
_
BUILDING CONDITION
BELOW ABOVE
Value Per Value
Ac re
COMM. CB. MICS. Mkt. Value
FRONTAGE ON WATER
FRONTAGE ON ROAD
DEPTH /~ V'
BULKHEAD
Total DOCK
(' VA£AN '1- )
F.50' / FLI 1',4T ~T~E[,: i:
7
MAP OF' P,r?oPEI2. T Y
~LJ I2-~'EYi:: F.,, For2....
CLt FFOt'2D COf2NELL
· SCALE- 20 '
[ZI' MONUMENT
TiTLIE 1,40
LICI'N~ED LAND
(~RSENPORT H~W YORK
~II. gI'FOLK CO, HEALTH DE~I~T. AIlIIIROYAL
H.S. NO,
STATEMi~NT ~, I~NT[NT
THE WATER SUl~t.Y AND ~AM DI~
~E~ F~ THIS ~K[ WILL
~FW TO T~ ~A~M OF T~
~ CO. ~. M ~ALTH ERVI~S.
SUFFOLK COUNTY OEIq'. OF HEALTH
SE, RVICES -- FOR APPROVAL OF
CC~N~TRUCT ION ONLY
H. S. R~F. NO.:
AIq~OVIED
SUFFOLK CO. TAX MAP DE$1~,NATION:
DiOr. SECT. BLOCK PCL
~cx~o 48 ~ 9
925 WILD E:Y-..)INT ~
SEAL
COUNTY OFSUFFOLK
Department: of Plannin$
360-5206
Town of Southold
Board of Appeals
November 29, 1985
Pursuant: to the requirement:s of Sect:ions 1323 to 1332 of the Suffolk Country
Charter, the following application(s) which have bee~ referred to the Suffolk
Cowry Planning Com~4ssion are considered to be a matt:er for local determina-
tion. A decision of local determiner:ion should no~ be cnnstrued as eit:her nn
approval or a disapproval.
Applicant(s)
Mnnicipal File Number(s)
John J. Haas
/seph & Clifford Cornell
34404
3410
Very t:ruly yours,
Lee E. Koppelman
Director of Planning
C~rl'nf C. Newm~.
Chief Planner
Southold Town Board of Appeals
NAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE(516) 765-1809
November 21, 1985
Pursuant to Article XIII of the Suffolk County Charter, the
Boa~ of Appeals of the Town of Southold, New York, hereby refers
the following to the Suffolk County Planning Commission:
>Df Variance from the Zoning Code, Article III , Section 100-31
__ Variance from Determination of Southold Town
Building Inspector
~ Special Exception, Article , Section
__ Special Permit
Appeal No.: 3410 Applicant: Joseph C. Cornell & Clifford Cornell
Location of Affected Land: North side of Flint Street Greenport, NY
County Tax Map Item No.: 1000-48-2-9
Within 500 feet of:
XXX 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 Federal]y-
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,
or ~ Within One Mile of a Nuclear Power Plant
__Within One Mile of An Airport.
COMMENTS: Applicant is requesting permission to locate proposed single-
~amily dwellin~ structure with insufficient rearyard setback
Copies of Town file and related documents enclosed herewith for your
review.
11/21~l~-~ Secretary, Board of Appeals
Southold Town' Board of Appeals
NIAIN ROAD- $TATI=' ROAD 25 ~DUTHOLD, L.I., N.Y. 119"71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
October 24, 1985
GERARD P. GOEHRINGER, CHAIRMAN S. E. Q. R. A.
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAl, DECLARATION
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI Notice of Determination of Non-Significance
AP]?EAL NO.: 3410
2REJECT NAME: Clifford C0rnell
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
be]_ow.
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 similhr
project.
TYPE OF ACTION: ~ Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Insufficient rearyard setback for new dwelling
LOCATION OF PROJECT: Town of Southold, County of S~ffolk, more
particularly known as: /lint Street, Greenp0rt, NY
SCTM# 1000-48-2-9
REASON(S) SUPPORTING THIS DETEPdMINATION:
(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 is not located within 300 feet of tidal
wetlands or other critical environmental area.
FOR FURTNER INFOPd~ATION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971; 'tel. 516-
765-1809 or 1802.
Copies of this notice sent to the'applicant or his agent and posted
on the Town Clerk Bulletin Board.
br
15'
LOT NO'5.~EFE2 "ID'MAP OI:'aP..EF_.~PO~T IDI~IVIN~ PAF~.~ Fm~E'.p
~, ELEVA'I'JOH~ F~EFEF~ 'ID MEAN SEA L,EVEL,
NOTICE OF HEARINGS
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
Southold Town Hall, Main Road,
Southold, NY at a Regular Meet
ing commencing at 7:30 p.m. on
THURSDAY, OCTOBER 24,
1985, and as follows:
~ 7:35 p.m. CLIFFORD COR-
NELL - Appeal No. 3410. Vari-
ance to the Zoning Ordinance,
Article HI, Section 100-31, Bulk
Schedule, for permission to 1o-
cate pr~pesed single-family
dwelling st~-ucture with an insuf- ~
ficient rearyard setback, pram-
ises identified on the Suffolk
County Tax Map~ as District
1000, Section 48, Block 2, Lot 9;
located on the North Side of Flint
Street, Greenpert, NY; Green-
~rt Driving Park Map No. 369,
7:40 p.m. JOHN J. HAAS -
idenf]fied on the Suffolk County
Town Law, Section 280A, for ap-
2, part of Lot 8.1
7:50 p.m. PETER AND
HELEN PURIC - Appeal No.
31, Bulk Schedule, for permis-
Street, New Suffolk, NY; County
HELEN PURIC - Appeal No.
ELENI RAPANAKIS- Appeal
seau Avenue, Seuthold, N ,Y~'
dinance, Article IH, Section 100-.
The Suffolk Times'
old, NY; County Tax Map Dis-
trict 1000, Section 70, Block 10,
Lot 24.
The Board of Appeals will hear
at said time and place all persons
desiring to be 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 765-1.809
(alt. 1802).
Dated: October 3, 1985.
· BY ORDER OF
THE SOWI'HOLD TOWN.
BOARD OF APPEALS
GERARD P. ~)EHRINGER;-
~ CHAIRMAN
1T017-5040 ~'
STATE OF NEW YORK )
) SS:
COUNTY OFSUFFOLK )
Mary K. Deqnan ofGreenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Greenport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed is
a printed copy. has been regularly published in
said Newspaper once each week for one
17
weeks successively, commencing on the
..... ~A 19 85
day of : .~.~ ~.~.~ r ....
Principal Clerk
ANN ~ ABA]E
worn to before me this
NOTICE OF HEARINGS
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 of
the Town Law and the Code of
the Town of Southold, the
following public hearings will
be held by the SOUTHOLD
TOWN BOARD OF APPEALS
at the Southold Town Hall,
Main Road. Southold, N.Y. at
a Regular Meeting commenc-
ing at 7:30 p.m. on THURS-
DAY, OCTOBER 24, 1985, and
~s follows:
7:3S p.m. CLIFFORD COR-
NELL- Appeal No. 3410. Var-
iance to the Zoning Ordinance,
Article III, Section 100-31,
Bulk Schedule, for permission
to locate proposed single-fam-
ily dwelling structure with an
insuffficient rearyard setback,
premises identified on the Suf-
folk County Tax Maps as Dis-
trict 1000, Section 48, Block 2,
Lot 9; located on the North
Side of Flint Street, Green-
port, NY; Greenport Driving
Park Map No. 369, Lot 84.
~ 7:40 p.m. JOHN J. HAAS-
Appeal No. 3404. Variance to
"the Zoning Ordinance, Article
Ill, Section 100-32 for permis.
sion to locate accessory garage
structure in the frontyard area,
premises identified on the Suf-
folk County Tax Maps as Dis-
trict 1000, Section 141, Blbck
2, Lot 15; 3325 c.g. 48, Matti-
tacit, N.Y.
7:45 p.m. ANTONE GRI~
GONIS, JR.- Appel No. 3413.
Variance pursuant to New
York Town Law, Section 280A,
for approval of access over
privat.e right-of-way located off
the South Side of Old North
Ro~d, Southold, NY, to pre-
raises in this proposed set-off
division a distance of 655 feet,
identified on the Suffolk Coun-
ty Tax Maps as District 1000,
Section 55, Block 2, part of Lot
8.1.
7:50 p.m. PETER AND
HELEN PURIc- Appeal No.
3415. Variance to the Zoning
Ordinance, Article III, Section
100-3l, Bulk Schedule, for per-
mission to construct hddition
which exceeds the maximum.-
permitted 20% lot coverage
requirements (and with the
insufficient total sideyards and
reduction of the northerly side-
yard as applied under Appeal
No. 3401), premises known as
1250 Second Street, New Suf-
folk, NY) County Tax Map
District 1000, Section 117,
Block 7, Lot 23.
7:55 I}.m. PETER AND
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 of ...... g.'~.C ~'~.~ .~c~: ..... , 1 9 .d~! ..
Sworn to before me this ......... : ........... day of
,
Notary Public
BARBARA FORBES
Notary Public, St, ate of New York
No. 48(~t6
Quallfied in Suffolk County
Commission Expires March 30, 19
Page 3 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of October 24, lg85
Copies to the following 10/9/85:
Mr. Clifford Cornell, Box 823, Southold, NY 11971
Mr. Robert Grigonis (for Antone Grigonis, Jr.), Box 1232, Southold, NY
Mr. John J. Haas, 3325 C.R. 48, Box 321, Mattituck, NY 11952
Earl T. Miles, Esq. (Re: Puric), Box 961, Riverhead, NY ll901
Mr. and Mrs. S. Rapanakis, 2030 Boisseau Avenue, Southold, NY 11971
Mr. John Bertani (for Mr. Schoenbaechler, 345 Colonial Road, Southold,
NY
Town Clerk Bulletin Board
ZBA Bulletin Board (office)
Building Inspectors
Individual ZBA Files
ZBA Members
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 25,
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. 3410 application of
Clifford Cornell for a varinace. Also included is Notice to
Adjacent Property Owners;sur~ey; Short Environmental Assessment
Form; Notice o£ Disapproval; letter relative to N.Y.S. Tidal
Wetlands Land-Use;
/~/J~dith T. Terry (~/
Southold Town Cl~erk
RECLqVED
TOWN OF SOUTHOLD, NEW YORK
Tr~ ~'^-~ RmA~AL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO.
DATE ............... . .~./.~:...~...~.~ ~'~
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
i, (We~ .... ..(b.\~..~ ...... .C~.~.~.~.~. ................. of ....... ~.~.~.......~.~ ..........................................
Name of Appellant Street and Number
....... ...~_~..~..~.. .............................................. .~.~,~...~.~,HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
........... ..q.~;...-L~...~>...........C.'.'.c,.~ ~:.~ .......................
Nome of Applicant for permit
...... ....... .................................................................... ...................
Street and Number Municipa ity State t,
() PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY ...... .~...!.~...~.'.~c.......~.,~..~.e...~.. ........................... .~..~..~'..~.'\~...
Street Use District on Zoning Map
......... .0...~ ........ ~ ..>z. ........... ) ........................... Current Owner
Map No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
3, TYPE OF APPEAL Appeal is made herewith for
~ A VARIANCE to the Zoning Ordinance or Zoning 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 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
is requested for the reason that
Form ZB1
(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 '~ c:~r~_ ~e~.-~s~O ·
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT bec~ase ~.>~%
STATE OF NE'vY~YORK ) , ~
Sworn to this .............. ~:~2../~.~;,..~. ................ day .............. ~ ......................... 19 ~
~,/ ' Notary Pu~I~/
NOTAIW I,l.lm..~ Stllte Mdkll~ Ymt
No. 52-8125850, Suffel
Term Expires March 30,
BOARD OF APPEALS, TowN~'F~UTHOLD
In the Matter or the Petition of :
to the Board of Appeals of the Town of Southold :
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That ',~_is_~e intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (~(Special Exception) (Special Permit) (Other) [circle choice]
).
2. That the property which is the sub'L~Ct of the Petition is located adjacent to your property and is des-
cribed as follows: ~-~,~- c~-¥~*r; C-~e._e~O~e~..'°~.. t~"~
3.,~at 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:
$. That the provisions of the Southold Town Zoning C~pplicablert~ the relief so~ught .by the under-
signed are Article ~ Section \oo
[ ] 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 flied 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.
Pet,t,oner ~ ~-~'
Owners' Names
Post Or, ce Adc.~ess
NAME
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
p 390
F~ECEIPT FOR CERTIFIED MAiL
NO INSURANCE cOVERAGE pROVIDED-- NOT FOR iNTERNATIONAL MAIL
(See Reverse)
~. i TOTAI- ~os%ag. a e, .,
p 390 6C 83
RECEIPT FOR CERTIFIED MAIL
NSURANCE cOVERAGE pROVIDED--
NO [ NOT FOR iNTERNATIONAL N~AIL
iSee Reverse)
/,]
~'T
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
Sworn to before me this ~L~J~~v~'
Notary Public /
\ )"'--' ~ ~°~O ~"X C -C..o i"~.~ , residing at ,
~"'~ ~.'~"~d ~, ~ , , being duly sworn, deposes and ~ys that on ~he ~ q day
of ~~ ~ , 19 _~ , deponent mailed a true copy of the Notice ~t forth on t~e re-
verse si~ffereof, directed to each of the above-named pe~ons at the addres~s set opposite thor respective
name; that the addresses set opposite the names of said persons are the addresses of said ~rsons as shown on
the current ass~sment roll of the Town of Southold; that ~id Notic~ were mailed at the United States Post ~-
ficeat ~ ~ ~_ ; that said Notices were mailed ;o each of said persons by
(certified) (registered) mail.
(This side does not have to be completed on form transmitted to adjoining
property owners.)
Ihe ~i.¥,b, Lnvlrol~Iilent,~l t~uaiity I~v}ew Act uires sub-
mission of this ~Irl~IBnd an environmcr al 11 be
made by this bo~ be-fore any action is
{a) ~n urder to answer the questionm In tht~ short £A~ le Is essumed that the
preparer will use currentl~ available lnforr~ticn concerntn~ the ~roJect and the
or ether lnvest~Eation~ will be undertaken.
(b) If any ~ueet~on has been answered Yes th, proJec~ may be significant and ·
cc=p!eted Envirc~mental Assessment Form. is nece:;ser/.
(c) If all questions have been answered No it is likely t~mt this project is
n¢~__ significant.
(d) ~nv~ronnental Assessment
Will project result in a large physical cPmnge
to the project cite or physically altcr mor~
t,han 10 acres of land? , , , , , .
Will there be a major change to any unique or
unusual land fol-m found on the site?
3. Will project alter or have a large effect
an existing body of water? . , , , , ,
Will project h~ve a potentially large Lmpac% on
groundwater quality? . . . . . .
Will project si~niftcently 'effect drainage fl~w
6. Will project affect any threatened or endangered
plant or anLv.%l ~pecies? . . . . . . . .
?. Will p~oject rem~lt in a major advers~ ~ffoc% on
W~i proJec~ have a major effec~ on
kno~ ~o be ~por~an% %o the community? . . .
9. Will proJec~ adversely ~pact any mit~
ute of his:eric, pr~-~istoric, or pal~ontological
tmportanc~ Or any sito dominated a8 a critical
10. W~l project have a mmJor effect on ex~%~g or
11. Will project rebel% in ~3or traffic problems
12. Will project red, afl7 cause objectionable
noise, glare~ vibration, or electrical dl~tur~
Will project have any impac~ on pubJ. ie health or
lt. WiI1 project ~ffect ~he existing co,unity b~
directly cau=tn~ a growth in permanemt
period c~ have a major negative effect on
15. Is there publlc cemtroversy ccny~nlng the prooec%?
DATE:
Yes,
Yes ~'/No
Yes., :;o
_ Yes ---- No
.... Yes ..
Yes No
Ye~ No
Yes .-----
Yes ,. NO
(Today's Date}
To: Southo!d Town Board of Appeals
Main Road
Southold, NY 11971
Location of Property: ~\%~W
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Reguiations, 6 NYCRR, Part 661, and Article 25 of the New York
State Environmental Conservation Law, please be advised that the
subject property iQ the %~ithin appeal application:
(please check crne box)
[ ] M,]V be located vithin 300 feet of tidal wetland:~;
ho%~ever, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least ].00 feet in length."
[ ] May ~e located within 300 feet of tidal wetlands;
ho?;ever, constructed along the water-lying edge
of this property is a bulkhead in need of (minor}
(major) repairs, and approximately feet in
length.
[ ]
May be located within 3.00 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
[ ]
not appear to
May be located within 300 feet of tid~i wetlands;
and there is no bulkhead or · -~
cunc~~_e wall exis~lng
on the premises.
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items'(*) indicate your property does
fall within the jurisdiction of the N.Y.S.D.E.C.]
Sincerely yours,
(S~.a~dr= please}
NOTE: If proposed project falls w~t.q~n D.E.C. jurisdiction,
approval must be received an~ submitted to our office before
your application can be scheduled for a public hearing.