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HomeMy WebLinkAbout3394 own Board of Appea s MAIN ROAD- STATE ROAD 25 SOUTHOI. D, L.I., N.Y. 119 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3394 Application Dated August ]6, TO: Mr. Steven Eggers 6675 Nassau Point Road Cutchogue, NY 11935 1985 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on 0ct0ber 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 XI, Section ]00-119.2(8) [ ] Request for Application of STEVEN EGGERS, 6675 Nassau Point Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to construct bath-storage structure with an insufficient setback from the landward edge of tidal wetlands (or ordinary highwater mark), at 6675 Nassau Point Road, Cutchogue, NY; Nassau Point Filed Map No. 156, Lot 48; County Tax Map District 1000, Section 111, Block 15, Lot 7. WHEREAS, a public hearing was held and concluded on September 1985, in the Matter of the Application of STEVEN EGGERS, Appeal No. 3394; and 12, 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. By this application, appellant requests permission to locate a 12' by 16' accessory storage building which will be used incidental to the residential use of the premises for storage of outdoor beach, boating, fishing and similar items. 2. The accessory building is proposed to be located a minimum of 25 feet from the northerly property line and along the upper bulkhead, which is at an elevation of 50 feet or more above mean sea level and is shown to be approximately 14 feet landward from the lower bulkhead, upon which existed previously a 15' by 15' storage structure. 3. The parcel in question is located in the "A-40" Residential and Agricultural Zoning District, contains an area of 41,500 sq. ft. (CONTINUED ON PAGE TWO) DATED: October 15, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 33~4 Matter of STEVEN EGGERS Decision Rendered October 3, 1985 and is known as Lot No. 48 on the "Amended Map A, Nassau Point Club Properties, Inc.," identified on the Suffolk County Tax Maps as District 1000, Section lll, Block 15, Lot 7. 4. Existing upon accessory swimmingpool, survey amended June 22, the premises are a 1½-story frame house and accessory garage, all as shown on 1984, prepared by Roderick VanTuyl, P.C. 5. Article XI, Section lO0-119.2(B) of the Zoning Ordinance restricts structures proposed on lots adjacent to tidal water bodies to be set back not less than 75 feet from the ordinary highwater mark of such tidal water body, or not less than 75 feet from the landward edge of the tidal wetland, whichever is greater. 6. It is the opinion of the board that the building loca- tion proposed is not unreasonable, particularly since there are bulkheads seaward of this proposed location and since the eleva- tion is more than 50 feet above mean sea level. In considering this appeal, the board finds and determines: (a) that the relief requested is not substantial under the circumstances; (b) that by allowing the variance as condition- ally noted below, there will not be a substantial change in the character of the district; (c) that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed business use and its location; (d) that the circumstances are unique; (e) that the interests of justice will be served by allowing the variance as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that permission to locate a 12' by 16' accessory storage building BE AND HEREBY IS APPROVED in the Matter of Appeal No. 3394, in the Application of STEVEN EGGERS SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory structure only be used for storage and not contain any plumbing or extensive electrical facilities; 2. That the accessory structure be a minimum of three (3') feet from the upper bulkhead shown on the survey amended June 22, 1984, prepared by Roderick VanTuyl, P.C. and minimumber of 25' from the northerly property line; 3. There be no lighting which will be adverse to other properties. Vote of the Board: Ayes: Messrs. Douglass and Sawicki. (Member Doyen of due to weather conditions.) Goehringer, Grigonis, Fishers Island was absent lk RECEIVED AND FILED THE SOUTHOLD TOWN Cr.F,.IiK DATE~"£- /~ ~,~ HOUR :~ GERARD ?. GOEHRINGER, ~(B~qIRMAN October 15, 1985. MAiN ROAD- STATE; ROAD 35 SOUTHOLD, L,i., N,Y, l~Jg'71 TELEPHONE (5'~61 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GR~OONI$..JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWtCKI NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public bearings will be held by the SOUTHOED TOWN BOARD OF APPEALS at the Southold Town Hall~-Main Road, Southold, NY, at a Regular Meeting commencing at /:30 p.m. on THURSDAY, SEPTEMBER 12, 198~5, and as follows: 7:35 p.m. ALICE'HUSSIE AGOP APIKOGLU & ANOo Special Exception to the-~on~ng Ordinance.; Articl-e VII, Section lO0-70(B) for permission to establish tennis and recreational facilities ~n this "B-l" General Business Zoning District located at the West Side o.f Horton Lane, Southold,-NY, containing 4+ acres; Tax Map District t000, Section 59, Block 3, Suffolk County Lot 32.1. 7:40 p.m. RICHARD AND DIANE ALLEN Variance to the Zoning Ordinance, Article III, Section lO0~31, Bulk Schedule, for 'permis- sion ~o construct mew one-family dwelling with an insufficient rearyard setback. Location of-Property: Private r~ght-of-way located off the South Side of [ndian Neck Road, Peconic, NY; County Tax Map District 1000, Section 98, Block 5, Lot 17.2~ Lot #3 of Minor Subdivision No: 141 approved 11-27-78. 7:45 p.m. STEPHEN EGGERS (>,Article XI, SectiOn- lO0-11.9.2(B) w - wetland (or ordinary highwater mark), 6675 Nassau Point-Road= Cutchogue, NY~ -Nassau Point Filed Variance to the Zoning Ordinanc~ for permission ~o construct Page 2 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of SePtember 12, 1985 Map No. 156,.Lot 48; County Tax Map District 1000, Section Ill ~ck 15~ Lot 7. 7:50 p.m. RUTH ENTERPRISES , C & D REALTY - Variances to the Zoning Ordinance, Article VII, Section lO0~70(A) for: (1) permission to construct shopping center in this "B-l" General Business Zoning District containing less than one acre in area and less than-150 ft. lot width [Art. VI, Sec. 100-62(B)], (2) permission to construct building with insufficient sideyards~ (3) approval of less than 26.parkin§ spaces as per Notice of Disapproval dated June 10, 1985. Location of Property: South Side of North Road (C.R~ 48), Pecon'ic, NY; County Tax Map District 1000, Section 69, Block 4, Lot 3. 8:00 p.m. ''BARBARA D. SCHRIEVER - Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to establish woodworking and metal shops, art studio, and apartment in existing building located i~ this ~B-Light" Business Zoning District, at the West side of Tabor Road,~ Orient, NY~ County Tax Map District lO00, Section 18, Block 05, Lot 12. The Board of ApPeals will hear at said time and place all persons desiring to be heard in each of the above matters. ~ritten comments may also be submitted prior to the conclusion of the hearing in question~ For more information~ please call the Office of the Boar~ of Appeals at 765-1809 (alt. !802). Dated: August 22, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARg OF APPEALS GERARD'P. GOEHRINGER, CHAIRMAN Instructions ~'o n'ews'paPers~: . Please publish once, 'to w~H~RSDA¥,'SEPTEMBER 5, t985 and forward five affidavits of publl~-a--~lon to: Board o~--App~ls, Town Hall, Mai~" Road, Southold, 'NY 11971 on or before 9/10~ Page 3 Legal No~ice of Hearings Southol~ Town Board of Appeals September-l~, 1985 .Regu}..~? Meeting Cop~.es .Mws~ Alice Hussie, P.O. Box 1045, Cutchogue, NY 11935 Mr. and ~rs. Richard Allen, 500 Daly Lane, Southold, NY Mr. and Mrs. Steven Eggers, P.O. Box '1152, Cutchogue, NY Mr. Joseph C. Cornell, 325 Willow Point Road, Southold, NY Charles R. Cuddy, ~sq. as attorney for Barbara Schriever Box 279, 108.~ast Main St,"Ri'verhead, NY ll901 of Pp. 1 & 2 of Legal Notice to the following 9/3/85: 11971 11935 11971 ~6Nn Clerk Bulletin Board 8J30/85 ZBA individual files ZBA member bo$~ ._ Building Inspector (Vic) ZBA Bulletin Board (office) Delivered to L.I. Traveler-Watchman 9/2/85 p.m. Delivered to Suffolk Times 9/3/85 a.m. (door drop TO%~ OF SOUTH@LO BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date "" ' N '' ~ , ,. ,- , . c wsT' 7 PLEASE z AKE ~ OI'~C.. ~hat your app~ca~cm r~ated . ,., x .... ..7 ................ 19 for pe=nit to 0~ ~/~.~ ..... ~O~t~g ........................... at House No. St~$ / Ham~e? Subdivision~(T~g, 7/9/.. Filed Map No.. [,~.~ .......... Lot No ................. is returned herewith and disapproved on the following grounds. Bu~!d~ng Inspector RV 1/Bo RECEIVED ,~ ,~ TOWN OF $OUTHOLD, NEW YORK 16 !985 APPEAL FROM DEC{SiON OF BUiLD{NO iNSPECTOR APPEAL NO. // DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) f '. ........ Name of AppelJa,n* Street and Numar ..:.....~.~.~..~.~..~ ................................................... ~.'~' . HEREBY APPEL 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 ( ) ( ) ( ) Name of Applicant for permit of ............ Street and Number Municipality' State .................. PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY /t~.~4.P~..,~.~,.0.£~/.....~..~..: ........................... /..,~.?,..~, ................ Street Use District on Zoning Map ................................................................................ Cur nt 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 AppeaJ is made herewith for (,q) 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) ~been made with respect to this decision of the Building inspector or with respect to this property. Such appeaJ was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) ( ) {s requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance (Continue on other side) REASON FOR A?PF~L Continued 7. STRICT APPLICATION OF THE ORDINANCE would produce practicai difficuiti~s or u~neces- s~ry HARDSHIP because 2. The hardship created is UNIQUE and is not shared by ail properties aJike in the immediate vicinffy of this property and in this use district because CHARACTER OF THE DISTRICT because The Variance wouJd observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NB~.YORK Sworn to this ................... ~ign~ure ......... OWNER STREET N S S F.'\S, VL. FARM 1MP. TOTAL DATE COMM. IND. CB. MISC. REMARKS AGE NEW Tlilable Ti~llable 2 Tillable, 3 Woodland Swarnp[and Ho~se Plot Toi'al NORMAL BELOW Value Per Acre -_) ¸'i COUNTY OF SUFFOLK Property Tax Service , , · Yor~ COUNTY OF' SUFFOLK Department of Planning 360-5206 Town of Southold Board of Appeals October 17, 1985 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the follow~ng application(s) which have been referred to the Suffolk County Plann~nS Com~tssion are considered to be a matter for local determina- tion. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Mtmicipal File Number(s) Steven Eggers 3394 Very truly yours, Lee E. Koppelmen Director of Planning Chief Planner S°uthold Town Board of Appeals HAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.I., N.Y. 1'1c:J'71 TELEPHONE !516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAtRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH .H. SAWlC½1 October 15, 1985 Mr. Steven Eggers 6675 Nassau Point Road Cutchogue, NY 11935 Re: Appeal No. 3394 (Variance) Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the OffiCe of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may 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, GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda F. Kowalski Copy of Decision to Secretary Building Department Suffolk County'Planning Commission Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.l., N.Y. 111::J71 TELEPHONE (516) ;65 180!) APPEALS BOARD MEMBERS GERARD P. GOEHRING£R, CHAIRMAN CHARLESORIGONIS, JR. October 15, 1985 SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH R. SAWICKI Pursuant to Article XIII of the Suffolk'County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Varianoe from the Zoning Code, Article ×! , Section 100-119.2 Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section __ Special Permit Appeal No.: 3394 Applicant: Steven Eggers Location of Affected Land: 6675 Nassau Point Road, County Tax Map Item No.: 1000- 1t1-15-7 Within 500 feet of: XXX Cutchogue, NY Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) 'State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of-Way of Any Stream or Drainage -- Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to permission to construct bath-storage structure with an insufficient setback from tidal wetlands Copies of Town file review. Dated: and related documents enclosed herewith for your Secretary, Board of Appeals Southold Town Board of Appeals kIAIN ROAD- -~TAT'E ROAD 25 SDUTHDLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS September 12, 1985 GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAl, DECLARATION ROBERT 3. DOUGLASS 3OSEPHH.$AWICKI Notice of Determination of Non-~ignificance AP~>EAL NO.: 3394 PROJECT NAHE: Steven Eggers 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 tile Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency whlch may also have an application pending for the same or similhr project. TYPE OF ACTION: [X~ Type II [ ] Unlisted [ ] DESCRIPTIQ~.OF ACTION.:Dermi§sion.to~construct bath-storage structure with'an lnsu~c~en~ se~DaeK ~_~m ~l~a± we~an~s LOCATION OF PROJECT: Town of So~thold~ County of StL~folk, more 6675 Nassau PointRd. Cutdhogue,NX particularly known as: 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 at an elevation of 10 or more feet above mean sea level FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Towu }{all, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to thee applicant or his agent and posted on the Town Clerk Bulletin Board. NOTIC~ IS H~R~RY ~IV- i~l pu~stl~nt to ~ ~7 ~e T~ ~ ~ld, ~11~ public bergs ~ held by ~e 50~0~ ~ BOA~ OP ~ at ~e ~ld T~ ~ R~, S~old, ~, st Re~ M~ ~mmen~g at 7:~ p.m. on ~SDAY, S~ 12, 19~. and 7:~ p.m. ~ HUSSI~ A~. APIK~LU ~nd ANO.- S~ F~c~ to ~e ~n- ~g ~n~, A~iele ~n 1~-70 (B) for ~- sion ~ es~l~h te~ and ~onal f~i~ ~ ~is "B-I" ~ner~ Bus~e~ ~n- ~g D~ 1~ at ~e West Si~ ~ Ho~on ~e, ~u~old, ~, ~n~g 4+ ~s; Suf- ~ C~n~ T~ Map D~ 1~, S~on 59, ~1~ 3, 32.1. 7:~ p.m. ~C~ D~ ~LEN- Va~ to ~e ~g Or~n~, ~cle ~, S~on 1~31, Bu~ Sch~ule for ~sion to ~ns~ n~ one-hmHy dweH~g ~th ~ ~su~ent ~ setb~k. ~a~n ~: ~wte ~t~y I~ted ~ ~e ~u~ si~ of ~n Neck R~, P~ic, ~; Coun~ T~ Map 1~, S~on 98, Bilk 5, ~t 17.2; ~t ~3 ~ ~mor Sub- · ~ion No. 141 app~ved 11- ~7-78. 7:~ p.m. S~PH~ EG- ~ERS- V~ to ~e ~an~, A~e ~, ~on 1~-119.2 (B) f~ ~sion to ms~ b~-s~ s~c- ~ ~ ~ ~u~ent ~t- wk ~m ~e ~dw~d edge ~ ~ w~d (or o~ tighwnt~ m~k), at ~75 N~- au Po~t R~d, Cu~ho~e, ~; N~snu ~t ~ded Map No. 156, ~ ~; County T~ Map ~ 1~, Scion ~11, BI~ 15, ~t 7. ~ p.m. R~ E~- P~SES- C~ ~- ~n~ to ~e ~g O~- ~, A~cle ~, ~n 7~A) ~r: (1) ~n m ~ns~ sh~ ~nter ~is "B-I" ~n~ Bus~e~ ~mg ~ ~n~ininS I~s ~en one ~ ~ me end less · ~ 1~ fl. lot ~d~ [Afl. ~. I~2(B)]: (2) ~ion s~ent sid~; (2) pmvel ~ less ~ 26 per~8 s~s ~ ~r Nofi~ ~ Dhap- ~v~ ~t~ June 10, 1~. ~afion of ~: ~u~ sma of No~ Road (C.R. ~), Pe~nic, ~; Count~ T~ Map ~ 1~, S~on ~, BI~ 4, 8:~ p.m. BA~A~ D. SCH~R- Ve~n~ ~m~ ~d~, ~cle ~ion 1~-~ for ~Jssion to cs~bl~h w~wor~ ~d me~ shops, ~ s~o, ap~ment in e~g bu~ l~tcd ~ this "B-Light" Bus- h~s ~nh8 D~, at the W~t side ~ Ta~r Road, ~cnt, ~; Coun~ T~ Map ~ 1~, ~on 18, Bl~k ~, ~t 12. ~e ~d of Ap~s he~ at s~d ~ ~d pl~ ~ns des~g to ~ he~d e~b of ~e above ma~e~. ~n ~mmen~ ~y ~so sub~ prior ~ ~e ~n- . c~ ~ ~e ~ k qu~- pl~ ~ ~e ~ (~t. 1~). Da~: Au~st 22, 1~. BY O~ OP SO~O~ TO~ BOA~ ON ~A~ GE~ P. ~E~G~, ~AN 1T-9/5/~(15) 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 ~ ' ~' Sworn to before me this ..................... day of Notary Public ltARBARA FORBES Notary Pub]lc, State of ~ew York No, 48~46 Qualified in Suffolk County ~ Commission Expires March 30, 19~: 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 TO~/ taoia Town Hall, Main ROad, Seuthold, NY, at a Regular Meeting COmmencing at 7'30 · ~u~ER 1~, l~l~, and as follows: 7:35 p.m. AL/CE! HU~SIE . AGOP APIKOGLU & AN'O. Special Exception to the Zonin~ Ordinance, Article VII, Section 100-70(B) for permission to establish tennis and recreational facilities in this 'B- 1" General Bus/ness Zoning District located at the West Side of Horten Lane, Southold, NY, containing 4+ acres; SUffolk County Tax Map District 1000, Section 59, Block 3, Lot 32.1. 7:40 p.m. HICHARD AND DIANE ALLEN. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to con- struct new one-family dwelling with an insufficient rearyard setback. Location of Property: Private right-of, way located off the South Side of Indian Neck Road, Peconic, NY; County Tax Map District 1000, Section 98, Block 5, Lot 17.2; Lot #3 of Minor Subdivision No. 141 ap- proved 11-27-78. E~C~.~h-- P' ' STEPHEN :45 m "%'m~ Var' oZ~__n,i~lg Ordinance, *n~cle ~, ~c~on l~-llg.~B) for ~r- ~r~ st~e ~th an ins~- ficient ~tback from the 1~- d~d edge. of tidal wetland (or ~n~y h~ghwater m~k) a* ~ ":~5'~au Point Fil~ T~M~ ~9~, .~t 48; County -~ omtmct 1~, ~tion ~, Bilk 15, ~t 7. ~:50 p.m. R~H E~E~ P~SRS . C & D REALTy . Valances to the Zoning Or- din~, A~iele Vll, ~ion 100-70(A) for: (1) permission to construct shopping center in this "B 1' ~ ' ~eneral Business Zoning District containing less than'one acre in area and less than 150 ft. lot width [Art. VI, Sec. 100- 62(B)]; (2) permission to con- struct building with insufficient sideyards; (3) approval of less than 26 perking spaces as per Notice of Disapproval dated June 10, 1985. Location of Property: South Side of North Road (c.g. 48), Peconic, NY; County Tax Map District I000, (continued on page 20A) Legal Notices , from page 13A) Section 69, Block 4, Lot 3. 8:00 p.m. BARBARA D. SCHR1EVER - Variance to the Zoning Ordinance, Article VI, Section 100-00 for permission to establish woodworking and metal shops,: art studio, and ant in existing building ~oPcaartte~ in this 'B-Light' Business Zoning District, at the West side of Tabor Read, Orient, NY; County Tax Map District 1000, Section 18, Block 05, Lot 12~he Board of Appeals will hear at said time and place all per- sons desiring to be heard in each of the above matters. Written comments may also be submit- ted prior to the conclusion of the hearing in question. For more information, please call the Of- rice of the Board of Appeals at 765-1809 (alt. 1802). Dated: August 22, 1985~ BY ORDER OF THE sOUTHOLD TOWN BOARD OF APPEALS GERARD P- GoEHRINGER, CHAIRMAN 1TS5-5008 Graenport, in that ha/she is iS, a Weekly in the Town tale of New annexed is ublished in the_ 5th , ~rk A~NN M. ABATE NOTARY PUBLIC, State of New York Term Expires M~rch 30, 19~ ~ APPEALS BOARD MENISERS ~E[~ARD P. GOEHRINGER, CHAIRMAN '~HAI~LE$ CEIBONI$, .IR. DOYEN, JR. C,~ERT J. DOUGLASS J gSFPH H. SAWICKI TO WHOM IT FLaY CONCERN: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and Suffolk Weekly Times, Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowa!ski, at 765-1809 (or if no answer, 765-1802). Yours very truly, GERARD P. GOEHRINGER C HA I P~AN lk Enclosure JUDITH T. TERRY TOWN CLI. RK 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 August 16, 1985 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3394 of Steven Eggers 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; survey. Southold Town Clerk RECBVED TOWN OF SOUTHOLD, NEW' YORK AUG 16 lg85 APPEAL FROM DECISION OF BUILDING INSPECTOR Town Clerk Southold APPEAL DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. $'T<uc-,O , ...... ..... 1, (We) ................................................................. at Nome of Appellant Street and Number (_~...U....~:~,~..q..~....~.~'.. ....................... .~...~'; .......... 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 ..... ?wU. ...... ........................ Name of Applicant for permit , ?/, of ,_q'~'.~,~ ~../,,), ~.. ~,, 7~C_~1 0 ~.6-'~ . . .~....~..~..~.. Street and Number / Municipali State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY . ./~/.~.-c~'~Z~..~......E~...<..~......~.....?.:..~...-. .......................... (.0...9...0. .......... Street Use District on Zoning Map ..... /~ ............................... ~ Current ~ner ~W~ ~e~S Mo,p ~o. ~ ' , ..... Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate t~e A~icle Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote t~e Ordinance.) 3 TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) ~-~ot 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 l~onn Zl~l (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 CHARACTER OF THE DISTRICT becayse The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK I ss / Signature ....... .................... Sworn tothis .................. L~ ........... dayof ........ ~ ............. 19 ~'~" c_ ,"'"'~'~'~'~"o~" ..................... ,4./~, 1~ '~o~ ~ ~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o~ 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 it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the_p_roperty which is the subject of the Petition is located adjacent to your property and is des- cribedasfollows: '~-~q~c~L ~ ) ~Loc/~ [,,.? ..~Ec-T/O,~) III .-~/.~T,~1¢7-' /~:~c~ ~ ). Thai t~e propert~ ~hich is the subjecl oJ such FetilJon is located in t~e JollowJnj zonin~ district: 4. That by such Petition, the undersigned will request the following relief: T / nc/e S. That the provisions of the Southoid Town Zoning Code~l~plicable to the relief sought by the under- signed are Article ~.~C Section ~:~/,JyC~'~O '-/~/~,~7' ~,~/ ,9~7~/~' ~ [ ] Section ~80-A, New Yot'k Town Law for' appt~ova] of access ove~ ~'Jght(s)-of-wa3,. 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) 76'5-'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. Petitioner 0,ne s'.ame : Post PS Form3800, Feb. 1982 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~.t.,-/e.~[~,qU~ / J/~/' , , being duly sWorn, deposes and says that on the /,~J"~" day of ~qcpjc~, ,19 ~ , deponent mailed a true copy of the Notke set forth on the re- verse side here-of, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~~ t./~' ! ~(,/¢ ;that said Notices were mailed to each of said persons by (certified) (n%,4u~.ed,') mail. / Sworn to be, fore me this /t~~[ dayo~~ , 19 005 (This side does not have to be completed on form transmitted to adjoining property owners.) mission made by ;;.~.S. Environm,~.gtal Qua!ity Review Act r~ires sub- o this form, l~d an environmental review~Blrill be this board befl~'~e any action is taken. (a) In order to answer the questions in thio short ~AF Is lo aos~med that the p:o~arer wi!! use curr~mtly available lnforr~ttcn concerning the project and the ] Lkely ~ct3 of the action. It is net e~ec%ed that additional ~tud~e~, roeearck or ether ~nvest~gattons w~i be ~dertaken, (b) If any question has ~sen answered Yes th(~ project cc~ple~ed Environmental A~essment Fo~ i~ necussar/. (c) If all questions have been answered No i: Is likely t~% this projec~ ~.~5 s!Enificant' 1. W~l proJec~ reset tn a large physical to the project ~ite o~ physically al~e~ 2. WIll %here be a ~Jor chan~e to any ~ique or unusual land fo~ fo~d on the site? · . Yes ~. No ~.~ W~i project al~er~ or ~ve a lares effect on an existing body of water? · · · , , , Ye~ ~ No &. W~I project hay, a potentially large ~ on W~ll project si~ificantly effect drainage ~ 6. Will project affect any t~em%ened or endanEered plant or angel ~pecies? , · , , · , · Yes--~ No 7. W~i project res~t in m major adverse effect on air quality? ~ . . . ~ . ~ . .... Yes--~ No 8. W~i project have a ~mJor effect on visual kno~ to be ~portant to the co,unity? . . . Yes ~ No 9. W~ll project adversely ~pact any site or ute of historic, p~e-nistoric, or importance or any site desolated aea enviro~en~l area by a local agency? . . . Yes 10. Will project have a ~Jor effect on exist~g or future recreational opport~itiea? . . . Yes ~ No ]1. Will project result in ~Jor traffic problems or cause a major effect to existing transportation 12. Will proJec: reg~arl7 cause objectionable odors, noi~, ~lare~ vibration, or electrical anco an a result of the proJect'~ operation? · Ye~ 1). 'Will project have any impact on pub].le health l&. Will project ~ffec% ~he existing co.unity dlrecr, ly causing a ~rowth in permanent pop~a- %!on of moro than 5 percent over a period o~ have a major negative effect, on the I~ there pub~en%rove~concerntng the projec%? Yes V No DATE: 15. PREPARER' 3 (Today's Date) To: Dear Southold Town Board of Appeals Nain Road Southold, NY 11971 Appeal Application of Location of Property: S irs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York - State Environmental Conservation Law, please be advised that the subject property iQ the within appeal application: (please check one box) May be located within 300 feet of tidal wetiands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] Nay b~ 'located within 300 feet of tidal wetlands; however, 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 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing 'on the premises. -[ ] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items'(*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, NOTE: If proposed project falls witq~in D.E.C. jurisdiction, approval must be received an~ submit~&d to our office before your application can be scheduled for a public hearing. · ~i~'.'"' '. ~.L'.-~ . . .... : '. : -, ~ - . · .