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HomeMy WebLinkAbout3254Southold Town__Board of Appeals MAIN ROAD-STATE ROAD ~a%'e~,~%,~l~OI.-D, I...II~,N.Y. 11c~'71 (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3254 Application Dated June ], TO: Mr. Eugene Davison P.O. Box 248-A, RD #1 4300 Sound Avenue Mattituck, NY 11952 1984 (Amended 5/28/85) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on June ]3, ]985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III , Section 100-3] (106-13) [ ] Request for Application for EUGENE DAVISON, 4300 Sound Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of lots of insufficient area and lot width in this proposed division of land (106-13) located at the South Side of Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-121-3-5, containing 12.6+ acres. WHEREAS, a public hearing was held and concluded on June 13, 1985 in the Matter of the Application of EUGENE DAVISON, Appeal No. 3254, at which no objections were received for the record; and WHEREAS, the board members have considered all testimony and documentation entered into the record in this matter; and WHEREAS, in requesting input from the Planning Board concern- ing the most recently revised subdivision map, it was the consensus of the Planning Board not to comment pending Z.B.A. determination; and WHEREAS, the board made the following findings of fact: 1. The property in question is located at the South Side of Sound Avenue, Mattituck, NY with a total acreage of 12.6372 acres and frontage (lot width) along Sound Avenue of 840.88 feet and is located in an "A-80" Residential and Agricultural Zoning District; 2. By this application, appellant proposes a division of the entire 12.6372 acres into four lots with existing structures, as shown on the amended site plan received May 28, 1985 and prepared by Roderick VanTuyl, P.C. October 22, 1984, and as follows: (1) Lot #1 with an existing single-family, two-story frame dwelling and having an area of 40,000 sq. ft., lot width of 280 feet, and lot depth of 156 feet; (2) Lot #2 with an existing single-family dwelling and accessory garage and having an area of 40,000 sq. ft. (inclusive of a 25' access strip from Sound Avenue); (3) Lot #3 of 48,000 sq. ft. with 121.20' lot width along Sound Avenue and an existing single-family, 1½-story frame house; (4) Lot #4 of 9.8± acres containing only an existing horse stable [which is presently without habitable residential quarters]. 3. Article III, Section lO0-31, Bulk Schedule of the Zoning (CONTINUED ON PAGE TWO) DATED: June 21, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3254 Matter of EUGENE DAVISON Decision Rendered June 13, 1985 Code requires a minimum of 80,000 sq. ft. in area, 175 foot lot width, and 250' lot depth. 4. In viewing the property in question and the placement of the three nonconforming dwelling structures and accessory buildings, it is the opinion of the board that this is plan as amended is the most feasible plan for the applicant to pursue. 5. Applicant has submitted a Declaration of Covenants and Restrictions in legal, recordable form restricting Lot No. 2 to any further subdivision in perpetuity, and the original of which is subsequently herewith to be filed with the Suffolk County Clerk's Office. In considering this appeal, the board has found: (1) that the circumstances of this appeal are unique and therefore in view of the manner in which the difficulties arose, another method for the applicant to pursue other than a variance is not feasible; (2) that there will be no effect, if the variance is allowed, of the increased population density thus produced on available governmental facilities; (3) that there will be no substantial change to adjoining properties; (4) that in view of the manner in which the difficulties arose, the interests of justice will be served by allowing the variance applied, as noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, to grant the relief requested under Appeal No. 3254 as shown on plan dated October 22, 1984 (received May 28, 1985) for approval of: (1) Lot #1 of 40,000 sq. ft. in area, 280 feet of lot width, and 156 of lot depth; (2) Lot #2 of 40,000 sq. ft. in area (inclusive of 25' access strip from Sound Avenue; (3) Lot #3 of 48,000 sq. ft., 121.20' lot width and 250' lot depth; (Lot #4 does not require variance relief at this time), SUBJECT TO THE FOLLOWING CONDITIONS: 1. If and when stable is converted to a single-family residential use as may be permitted by the zoning and fire codes, the structure must comply with requirements under the "A-80" section of the zoning Bulk and Parking Schedule; 2. Planning Board approval. 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, GOEHR~INGER,~AIRMAN June 21, 1985 RECEIVED AND FILED BY sovr o NOTICE [S 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 a~ a-Regular Meet- ing, commencing at 7:30 p.m. or THURSDAY~'JUNE 13~ l~8D, and as follows: 7:30 p.m. Application for HELEN CONWA¥, by R.H. Bruer, Esq., Main Road, Sou~hold, NY for a Vagiance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot area, width and depth of proposed parcel to be set off, located at the South Side of Chestnut Road, Southold, NY~ County Tax Map Parcels No. 1000-59-03-003 and 004. 7:35 p.m. Application for ALICE SZALA by Stanley Karanewski, P.O. Box 498, Cutchogue, NY 11935 for a Variance pursuant to New York Town Law, Section 280-A, for approval of access over a private right-of-way known as "Williamsburg Drive," located off the South Side of Main Bayview Road, Southold, NY, to premises identified on the County Tax Maps as 1000-78-05-17. 7~40 p.m. Application for DR.~]JAY P~IA~D M. SLOTKIN, by A. Wickham, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30, and as required by Z.B.A. Appeal No. 2932 for permission to construct addition to existing professional office known as 49725 Main Road (a/k/a 50 Ackerly Pond Road), Southold, NY; County Tax Map Parcel No. 1000-70-05-004.  7:45 Application for EUGENE DAVISON, 4300 So,nd p.m. , Mattituck, ~Y for a Variance to the Zoning Ordinance, Article III, Section t00-31, Bulk Schedule, for approval of of insufficient area and lot width in this proposed division of land (106-13) located at the South Side of Sound Avenue, Mattituck, NY County Tax Map Parcel No. 1000-121-3-5; containing 12.6+ acres. 7:55 p.m. Application for THOMAS YASSO (Witliston Beverage), by Envirenment East, Inc., 3075 Indian Neck Lane, Peconic, NY for ~ a Variance pursuant to Z.B.A. decision rendered 5/22/75 under Appeal Ne. 3189 for proposed addition which will exceed the i~estricted lot coverage for this ~"B-1, General Business zoned parcel located at the South Side of Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-122-3-5. Page 2 LegaliNotice of Hearings Southold Town Board of Appeals Regular Mee_ting of June 13, 1985 8:00 p.m. Recessed Hearing (from 5/23/85). 8:!0 p.m. Recessed Hearing (from 5/2/85)° of JEAN HOLLAND, by M. Hall, Esq. of HOWARB Lo YOUNG, by J. DeReeder The Board of Appeals will hear at said time and place ali persons desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Dated: May 23, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski, Secretary (516) 765-1809 (alt. 1802) Instructions to Newspapers: Please publish once, to wit: THURSDAY, JUNE 7, 1985, and forward five (5) affidavits of publication by June ilth to: Board of Appeals, Main Road, Southold, NY 11971. Copies to the following on or about 6/3/85: Suffolk Times L.I. Traveler-Watchman Town Clerk Bulletin Board Z.B.A. Bulletin Board Rudolph H. Bruer, Esq., Attorney for Mrs. Helen Conway Mr. Stanley Karanewski, Four Sails Realty, as agent for Alice Szala 'Abigail A. Wickham, Esq. as Attorney for Dr. and Mrs. Jay P~ Slotkin Mr. Eugene Davison Environment East, Inc. as. agent for Thomas Yasso Z.B.A. Members Z.B.A. individual files Building Inspector T©WN OF $OUT[~OLD BUILDING DEPARTM-ENT TO~q' CLERK'S OFFICE SOUTllOLD, N,Y. NOTICE OF DISAPPROVAL F~e No, To .v.~...~? ...... :~..: ............. ~ ~*~... ~.~..~.. ~: ............ .... .~.., U.~, ~ PLEASE TAKE NOTICE that your application dated ...... ~.~..~. ~c~.¢.~ ~ ......... , 19 ~o, ~~o~ .?,~ 2.¢..~. 4}. ~ ~ ~,.3 .................. ~o~,,,o. o,,,o,.,, ...~.~,% ...... ~.~2~.... ~..%. ~ & County Tax Ma~ No. i000 Section .... ~. ~,~ ...... Block ..... ~ ....... ~t .... ~, ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and d/sapproved Cn the fohowmg grounds. ~. ',¢fi.&...~. ,1..F~,.. ,~. ........ ¢~?.**. ~.~.r~. ~. ~¢~. ~;~... ~. ......................... .......... B~d~g Inspector 'JUN 0 1 1984 TOWN OF $OUTHOLD, NEW YORK t~ 6'/~ ~tt~l~L FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, ~We~ ~..P..~.~.c.-7...P.~....°.,~.~.a..~ ................ of ,-~%o~ Soo ~b 4~*- 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 DATED :~/~-~l ~FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO of Street and Number PERMIT TO USE PERMIT FOR OCCUPANCY PERblIT TO B4~I~I~D Name of AppUcant for permit ....... ....... ......... ............... Municipality State LOCATION OF THE PROPERTY ..."~....~....~....~........~...~...~....~".~.....~...~..~.../~....~.~/..'7..~u.~.~./..C.. ......... ..~.., Street and Hamlet Zone OWNER(S)- ~ O ~--~ ~)/) ~1 $o¢) ............ ......... }.....:....s-.. ..................................... M~o No. Lot No. ~.C-?'.~ · le/~j DATE PURCHASED: .................. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section aha Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~ , Section /~ ~ o (~ -D.O 3. TYPE OF APPEAL Appeal is moae herewith [or A VARIANCE to the Zoning Ordir~ance or Zoning Map A VARIANCE due ~o ack of access (State of New York Town Law Chap. 62 Cons. Laws Art. ]6 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A ~rewous appeal (l~) (has not) been made with respect to this dec]slot of the Building Inspector or with respect to this property. Such appeal was ¢ ) request for a specie] oermit [ ) request for o variance ana wes made ~n Appeal No ............................... Dated ................................................................... requested for the reason that REASON FOR APPEAL A Variance ro Section 280A Subsection 3 A Variance to the Zoning Ordinance (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becoase 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 CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE COUNTY O ) Sworn to th[s ............... ~...~' .~... ................... day of ................. :~(~'~,."~.~ ..................... !9~~ ~ND IMP, TOTAL ] DATE REMARKS LOT AGE NEW FARM Tillable Woodland Meadowlan~l House Plot Total NORMAL Acre BUILDING CONDITION BELOW ABOVE Value Per ~ Value Acre FRONTAGE ON ROAD DEPTH ILKHEAD COLOR t.~ ~f ,e TRiM M, Bldg. Extension Extension Extension Foundation ~ ~ ¢ Both ~ i Dinette Floors K. Porch Porch Garage Patio Place Heat Roof Room Dormer Rooms 1st Floor Rooms 2nd Floor Driveway Southo!d Town Board of'Appeals MAIN .I'IAO .TATE I~OAD ~5 ~iI:3UTHI3LO..,,NN(Y6)ll~'7109TELEPH0 E 51 765'18 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPH N. SAWlCKI June 21, 1985 Mr. Eugene Davison 4300 Sound Avenue P.O. Box 248-A, RD #1 Mattituck, NY 11952 Re: Appeal No. 3254 Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may b~ applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Planning Board' GERARD P. GOEHRINGER By/ L~nOa F. Kowalski Secretary Southold, N.Y. 11971 (516) 765-1938 June 13, 1985 Mr. Eugene Davison RD 1, P.O~ Box 248A Mattituck, NY 11952 Re: Subdivision application "Strawberry Fields" Dear Mr. Davison: The Southold Town Planning Board reviewed the above mentioned application at the regular meeting of June 10, 1985. It was the consensus of the Board to await the determination of the Zoning Board of Appeals regarding your variance application prior to any further review or action. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI , JR., fHAIRMAN SOUTHOLD TOWN PLANNING BOARD ~ccc: Board of Appeals By Diane M. Schultze, Secretary DECL4RATION OF COVENANTS /~D RESTRICTIONS THIS II~ArflJRE made this 2, q day of ~ ~ ~/ ~vL~ l) ~ulSo ~J) hlJS ~?~ residing at hereinafter called the Declarant. W~REAS, the Declarant is the owner in fee simple of a certain parcel of land situated at Mattituck, Town of Southold, Suffolk Cotmty, New York, and designated on the Suffolk Cotmty Tax Map as District ~ om 0 Section 12. I Block .~ and Lot 5' same premises acquired by the Declarant by deed dated Suffolk County Clerk's Office on 3 oC~F ~ c/&~ and referred to herein as the "premises" and approximatel~2,y/~ 3 containing acres, being the 2(] $1~l>lZ, ~/~ and recorded in the in Liber 6&$N of deeds at page ~'~ ~HERF_AS, the Declarant intends to subdivide said premises for residential purposes and desires to subject said premises to certain conditions, covenants and restrictions in order to preserve the maximLrn open sPaCe,' natural scenic beauty and natural vegetation and to prevent overcrowding and to conserve tre ground w~ter resources of the Town of Southold, and ~4~:REAS, the Declarant had applied to the Planning Board of the Town of Southold for approval of the subdivision and dev~loprent of the premises as a Minor Subdivisien, to centain not m~re than four (4) lots or parcels. NOW, TI~iREFORE, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said prenises, or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions, and restrictions hereinafter set forth. i. Lot No. 4 as shown and designated on the Minor Subdivision map approved by and filed with the Southold Tc~q Plaming Board shall be not further sub-divided in perpetuity. 2. That all of the covenants, conditions and restrictions contained herein shall be construed as real covenants rmning with the land and shall continue and retain in full force and effect at all times as against the o~er of the premises or any portion thereof in perpetuit~ Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and he enforceable by the Declarant, their heirs, successors and assigns; any o~mer of any portion of the aforesaid premises, their heirs, successors and assi~qs, and the Town of Southold, and its successors a~d assigns; and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. IN WITNESS WI~{REOF, this indenture has been executed the day and year first above written. STALE OF NEW YORK) COUNTY OF SUFFOLK) SS: On the ~_~/ day of , 1985, before me personally c~re nown to be the individuals described in and ~ho executed the foregoing instrtmeffc, and acknowledged that they executed the same. SYLVIAELBAUM NOTARY PUBLIC, State of No. 414680920-$mToLkCO~ Comm~ssmn Expires ~arch~, /'/ Notar~ Public -2- APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, .JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN RDAD- STATE ROAD 2S SE}UTHE]LD, L.I., N.Y. 119'71 TELEPHONE {5161 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-Watchman, Inc: and Suffolk Weekly Times, Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questlions 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 CHAIRMAN lk Enclosure 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 Seuthold Town Board of Ap- peals at the Seuthold Town Hall, Main Road, Seuthold, NY at a Regular Meeting, commencing ac 7:30 p.m. on THURSDAY, JUNE 13, 1985, and as follows: 7:30 p.m. Application for HELEN CONWAy, by R.H, Bruer, Esq., Main Road, South- old, NY for a Variance to the Zen- ing Ordinance, Article III, Sec- tion 100-31, Bulk Schedule, for approval of insufficient lot area, width and depth of propesad par- ce! to be set off, located at the South Side of Chestnut Road, Soutbeld, NY; County Tax Map Parcels No. 1000-59-03-003 and 004. 7:35 p.m. Application for ALICE SZALA by Stanley Karanewski, P.O. Box 498, Cutchogue, NY 11935 for a Vari- ance pursuant to New York Town Law, Section 280-A, for ap- proval of access over a private right-of-way known as "Will- iamsburg Drive," located off the South Side of Main Bayview Road, Seuthold, NY, to premises identified on the County Tax Maps as 1000-78-05-17. 7:40 p.m. Application for DR. JAY P. AND M. SLOTKIN, by A. Wickham, Esq., Main Road, Matt/tuck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30, and as re- qu/red by. Z.B.A. Appeal No. 2932 for perm.~on to comtruct addi- tion to existing professional of- fice n as 49725 Main Road Ackerly Pond Road), Southold, NY; County Tax Map p.m. Application for DAVISON, 4300 Sound Avenue, Mattituck, NY for a Variance to the Zoning Or- dinance, Article III, Section 100- 31, Bulk Schedule, for approval of lots of insufficient area and lot width in this proposed division of land (106-13) located at the South Side of Sound Avenue, Mattituck, NY County Tax Map Parcel No. 1000~121-3-5; con- 7:55 p.m. Application for THOMAS YASSO (Williston Beverage), by Environment East, Inc., 3075 Indian Neck Lane, Peconic, NY for a Variance pursuant to Z.B.A. decision re. ndered 5/22/75 under Appeal No. 3189 for proposed addition which will exceed the restr/cted lot coverage for this "E.1' General Bus/ness zoned parcel located at the South Side of Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-122-3-5. 8:00 p.m. Recessed Hearing of JEAN HOLLAND, by M. Hall, Esq. (from 5/23/85). 8:10 p.m. Recessed Hearing of HOWARD L. YOUNG, by J. De- Roeder (from 5/2/85l. 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 sub, ject hearing. Dated: May 23, 1985. BY ORDER OF THE SOITTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By L. Kowalski, Secretary (516) 765-1809 (alt. 1802) 1TJ6-4909 STATE OF NEW YORK ) ! SS: COUNTY OF SUFFOLK ) n~,!n_ LEKE.~.~ of Greenport, 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 on~ weeks successively, commencing on the 6 dayof ,?nn~ 1~5 Principal Clerk Sworn to before me this 6 .. 19 8 5ANN M °ABATE d /7 ~ t;~)IA~Y PUBLIC, .~tate of New York /./ // J'] Suffctk C,,unh No 4748183,:~ ~L~,.~rm Exp~r~ ~%~ch 30, 19-- APPEALS BOARD MEMBERS Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516} 765-1809 May 23, 1985 GERARD Pm GOEHRINGER, CHAIRMAN S · E · Q · R. A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3254 PROJECT NAME: Eugene Davis0n This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice ~hat this declaration should not be considered a determination made for any other department or agency ~ich may also have an application pending for the same or similar project. TYPE OF ACTION: ~X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: appr0va] of ]0ts of insufficient area and.~]0t width in this proposed division of land LOCATION OF PROJECT: Town of ~o~tho~dA Cou~t~t~u~ffolk, more particularly known as: South Side os mouna ye. zv~ , SCTM~ 121-3-5 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not located Within 300' of tidal wetlands or other critical environmental area. (3) This is a lot-line variance not directly related to new cons~T~R t~is a~Dlication. INFO~TION, PLEASE CONTACT: Linda KowalsRi, Secretary, $outhold 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. Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI June 3, 1985 Southold Town Planning Board Town Hall Southold, NY 11971 Re: Appeal No. 3254 - Eugene Davison Application Filed 6/1/84, Amended 5/28/85 Dear Benny: This is just a reminder to let you know Mr. Davison's matter has been advertised for public hearing to be held June 13th concerning the four-lot division located at the South Side of Sound Avenue, Mattituck, New York. It is our understanding that this matter has been reviewed and inspected, however, our file lacks any correspondence from you. May we have your input for our June 13th hearing? Yours very truly, GERARD P. GOEHRINGER CHA[RMAN ~~da Kowalski P.S. Our file indicates the proposed subdivision map as amended and received May 28, 1985, copies of which we understand have been furnished for your file as well as the executed Covenants and Restrictions dated May 24, 1985. JUDITH T TERRY TOWN CLERK REGISTRAR OI' VITAL SI A I ISTICS 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 June 1, 1984 To: Southold Town Zoning Board of Appeals From: Judith T.Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3254 application of Eugene Davison 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. Southo Judith . r TOWN OF $OUTHOLD, NEW YORK JUN 0 ! 1984 APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellon.t Street and Number · "A~'""~""(~"'L'~'"?"'C"/-~ ................................................. .,~,,,.,~., ............. HEREBY APPEAL TO Municipality State THE ZONING BOARD Of APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: ~'/29/~ FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ( ) Name of Applicant for permit Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ?o oFF 1. LOCATION OF THE PROPERTY Street ~ ~et Zone Mop No. Lot 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 ~ , Section ~ i ~ -~O ( [,-i ,, 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 not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for o 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 ,,ce waste] like o,u Po~n ZB! (Continue on other side) REASON FOR APPEAL Continued sory HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 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 OIARACTER OF THE DISTRICT because STATE OF NEW~¥?,RK ,/ ) COUNTY 0 ) . // Sworn to this ............ ./..~]~ ............. day EUZABETH ANN NEVILLE NOTARY PUBUC, State of New York No. 52-8125850, Suffolk Co, u/l~ Term Expires March 30, 19~f~ -- (~ Notary Public BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : : to the Board of Appeals of the Town of $outhold : TO: ~OAJt~u G ~0 ~:~ NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~!ntention 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 subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the pro~rt,y 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: S~:'"T' 0~c¥-- 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article '~ Sectic~ I O O ' "~ I 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. (5'16) 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: ~'/'1 / ~/-~ NAMI~ P 572 917 474 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sen o P 572 917 472 RECENPT FOR CERTNFNED MAIL ~OT FOR INTERNATIONAL MAIL PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS o C P 572 917 473 RI=C£~PT FOR CERTNFIED MANL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to r Street an No, P.O., State and ZiP Code P 572 917 47~ RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR FNTERNATIONAL MAIL (See Reverse) (See Reverse) Sent to Street and No P.O., State and ZiP Code Postage Certified Fee Special Delivery Fee Restricted Delive~ Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom, Date, and A ~f Delive~ POS 3ark~te),~', '~ ~ ,,o Sent to l ~ ~'L; Street and No. 5"/0 , ~' 5 7- PO, State and ZIP Code Postage $~ Certified Fee Special Delive~ Fee Restricted DeHve~ Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom, Date, and Address of Delive~ TOTAL Posta~~ ~ ¢~ . - ~,J , residing at I'.I/~'~1' t~'o~'C A) .~'. , being duly sworn, deposes and says that on the ~ day of ~' O ~ ~ , ] 9 ~; ~// , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of $outhold; that said Notices were mailed at the United States Post Of- rice at I'.~ ~)77' ~ '7't~C ~' L1 ~" ;that said Notices were mailed to each of said persons by (certified) (-r.~) mail. Sworn tO b~fore me this The N.Y.S. E~vironmental Quality Review~Bct requires sub- mission of thilorm, and an environmental~eview will be made by this bo~d before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT ,FORM I~jNSTI~I.N:T! OI~ $ ~ (a) In ordJr to answer the questione in thia short ZAP is ia assu~ed that the preparer will use currently available lnforr~ation concerning the proJec~ and the l~el7 ~c~s o~ the action· I~ is not e~ec~ed that additional s~udiss, research or o~her lnves~igations w~l be ~der~a~en. {b) If any question ha8 been answered Yes th~ proJec~ ~7 be ai~ifican~ and ~ ccmpleted ~nviro~en~al Asseasmsn~ Fo~ is necessary. (c) I~ all questions have been answered No i~ is l~ely t~ this project Is nc% significant. (d) Enviror~enta% Assessment 1. Will project result in a large physical change to the project cite or physically alter more than 10 acres of land? · · · · · · . · · 2. Will there be a major change to any unique or unusual land form found on the site? · , 3. Will project alter or have a large effect on an existing body of water? . , · · · , . Will project have a potentially large impact on g~o,~ndwater quality? , , , , , , · · · Will project significantly effect drainage flow 6. Will project affect any threatened or endangered plant or animal species? . . . 7. Will project result in a major adverse effect on air quality? · · , · · · ·., · · · Will project have a major effect on visual char- acter of the community or scenic views or vistas know~ to be important to the community? , · · Will project adversely impact any site or struct- ure of historic, pre-historic~ or paleontological importance or any site ~eaig~ated aa a critical environmental area by a local agency? · · · 10. Will projec~ have a major effect on existing or future recreational opportunities? · · . 11. Will project result in major traffic problems or cause ~ major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . 13. Will project have any impact on public health or safety? · · , , · · · ,, · , · Will project Affect the existing community by directly causing a ~rowth in permanent popula- tion of more t~an 5 percent over a one-year period o_.r have a major negative effect on character of the community ~r neighborhood?.. Yes Yes No Yes ~"/No Yes /No ~es /No Yes Yes &/"No Yes _~No Yes 6/No Yes 6~No Yes Yes I 15. Is there public contrq~rsy conce~rning the project? .... Yes QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 11794, (tel. 516-751-7900)0 if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [ ] I. I ] 2. [ ] 5. ! I 6. Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfront or wetlands area May be located within 300' of waterfront or wetlands area; however° the following structure separates my property from this environmental area: [ ] 50' existing road [ ] existing structures [ ] bluff area more than I0' 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, [ ] 7. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y,S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of 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 5tare Law and to prevent any unnecessary delays in processing your application(s). 10/831k ,,, } SURVEYED FOR ¢ WiATtiTUCK E~AVI SON TOWN oF SOUTHOLD -O