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Home My WebLink About3245S/S Main Rd. ~r~ ~ 6/2q/8# Orient A-approval o£~insuf£, area of parcel-to be set-~, off. Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g71 TELEPHONE (516) 766-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3245 Application Dated April 16, 1984 (Public Hearing June 21, 1984) TO: Irving L. Price, Jr., Esq. [Appellant(s)] Attorney for DAVID AND JEANNE BRAWNER 828 Front Street Greenport, NY 11944 At a Meeting of the Zoning Board of Appeals held on June 28, ]984, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III , Section ]00-3l [ ] Request for Application for DAVID AND JEANNE BRAWNER, Main Road, Orient, NY a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of parcel to be set-off from an 4.066 acre parcel at the South Side of Main Road, Orient; County Tax Map Parcel No. 1000-20-3-28 and part of 11.2. for By this appeal, appellants seek a variance to the provisions of Article III, Section 100-31, Bulk Schedule of the Zoning Code, for approval of the insufficient area of a parcel of land of approximately 54,840 sq. ft. The remaining tract will contain an area of approxi- mately 107,800 sq. ft. with 302.21 frontage along the Main Road and 147.48' frontage along a right-of-way at the easterly side of the premises. The parcel to be set-off contains frontage along the Main Road of 214.23 feet and along the easterly side (along a right-of-way) of 282.52', and is improved with a one-family dwelling and accessory storage barn building. It was mentioned for the record that the southerly 148.48 feet was used for farm purposes. The board members have visited the premises in question and are familiar with the neighborhood. The board has found that a majority of the parcels in the vicinity of these premises are similar is size proposed by this application. Also in considering this appeal, the board determines: (a) that the relief requested is not substantial; (b) that by the granting of the relief requested, no substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties; (c) that the diffi- culty cannot be obviated by some method feasible for the appellant to pursue other than a variance; (d) that no adverse effects will be produced on available governmental facilities of any increased population if the variance is allowed; (e) that the interests of justice will be served by allowing the variance as applied. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3245, application made for DAVID AND JEANNE BRAWNER for approval of insufficient area of 54,840 sq. ft. (CONTINUED ON PAGE TWO) DATED: Form ZB4 July 20, 1984. (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3245 Matter of DAVID AND JEANNE BRAWNER Decision Rendered June 28, 1984 BE AND HEREBY IS APPROVED, AS APPLIED, subject to referral to the Suffolk County Planning Commission in accordance with Sections 1323, et seq. of the Suffolk County Charter, and subject to final action of the Southold Town Planning Board in accordance with Chapter Al06 of the Code of the Town of Southold. Location of Property: South Side of Main Road, Orient, NY; County Tax Map Parcel No. 1000-20-3-28 and part of 11.2 (11.5). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. Member Doyen of Fishers Island was absent. This resolution was adopted by unanimous vote of the members present. July 20, 1984 RECEIVED AND FILED BY THE SOUTHOLD TOWN DATE ~/~?o ~ HOUR Tovrn Clerk, Town of Southold ZO~'~L~;G [~O~':.P~D OF APPEALS NOTICE OF PUBLIC HEARINGS NOTICE 'IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southcld, NY on THURSDAY~ JUNE 21, 1984, commencing at 7:30 p.m. and as follows: 7:35 p.m. Application ~or JOHn. ~ENNY, 333 Warwick Avenue, Tea Neck, NJ 07666 for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage building in the frontyard area at premises, 1255 Private Road #1 (Goose Creek Lane), Southold, NY; County Tax Map Parcel Noo 1000-078-08-009. 7:40 p.m. Application of GEORGE R. TUTHILL, Box 719, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section ]00-31 for approval of insufficient area and width of parcels located at the north side of Bay Aven~e, Cutcho§ue, NY; Nassau. Farms Subdivi- sion, part of Lot 140; County Tax Map Parcel No. 1000-104-04-33. ~ 7:45 p.m. Application for DA_ ~I~D AND_ JEANNE_ BRAWNER, Main Road,~ Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of parcel to be set-off from an 4.066 acre parcel at the South Side of Main Road, Orient; County Tax Map Parcel No. lO00-20-3-28.and part of 11.2. 7:55 p.mo Application of ERNEST AND JEAN STUMPF, 207 Roxbury Road South, Garden City, NY 11530, for a Variance to the Zoning Ordinance, Article III, Section 100-32 (and/or Section 100-31) for permission to construct raised deck with an insufficient setback in the side and rear yards at the West Side of S. Oakwood Drive, Laurel; County Tax Map Parcel No. 1000-145-03-005. 8:05 p.m. Application ~r EUSTA~E C. ERIKSEN,'1085 Westview Drive, Mattituck, NY for a Variance to the Zoning Ordinance, appealingLthe December 12, 1983 deci.sion of the building inspecsor ~n order to permit the conversion and renovation of a "guest cottage" or second dwelling structure at premises k~own as 1085 West View Drive, Mattituck; County Tax Map Parcel No..lO00-139-1-3. 8:15 p.m. Application of JOHN GRIGONIS, 950 Ba~view Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section lO0-31 for approval of the construction of new dwelling with reduction of sideyard setback, at premises located at 860 Main Bayview Road, Southold; County Tax Map Parcel No. 1000-070~07-016.2. Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 21, 1984 8:20 p.m. Application for~PATRICK CARRIG and MARK S. McDONALD~ (Owners: Eric and Nancy Malm), Richmond Road, Southold, NY for a Variance for approval of access, New York Town Law~ Section 280-A, over a private right-of-way located at the north side of Bergen Avenues Mattituck, to premises identified as County Tax MaD Parcel No. 1000-1!2-1-18, containing approximately 3~9 acres. 8:40 p.m. Application for DOUGLAS MILLER~ Montauk Highway, Quogue, NY for a Variance for approval of accesses, New York Town Law, Section 280-A, over two private rights-of-way, one known as 'Kirkup Lane" and one as "Laurel Way" located at the South Side of Sound Avenue, Mattituck, (near Laurel), to premises identified as County Tax Map Parcel No. 1000-121-4-10 containing approximately 7.2 acres. 8:55 p.m. Application for BERTRAM AND MARGERY WALKER recessed from May 17, 1984 for Variances for: (a) interpretation, ('b) approval of deck in sideyard~ (c) approval of reduction of livable floor area and insufficient sideyards of dwelling conversion. Peconic Bay Blvd,, Laurel; 1000-145-4-01~. 9:15 p.m. Application Of. ARTHUR R. TRUCKENBROD~ e~_a.l.~_, Private Road, Orient, NY for a reversal of the interpretation of the building inspector concerning a Certificate of Occupancy No~ Z1~736 issued June 21, 1983 to E. LoucoDoulos and H. Damianos for an one-family dwelling and four accessory cottage structures a~ Private Road No. 7~ (a/k/a Diedericks Road), Orient; County Tax Map Parcel No~ 1000-18-03-005 [Current Owners: D.I. Abbott and J.~. Swanson]. Persons having heard at the t~me tion, please contac~ our June 5, 1984. an interest in any of the above mat~ers may be and informa- place specified above. For additional office~ 765-1809 (or 1802). Dated: BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS G'ERARD P. GOEHRINGER CHAIRMAN NOTICE TO NEWSPAPERS: Please publish once, to wit: ~rs~day~, June 7, 1984 and forward l0 affidavits of publication to: Mrs. L. Kowalski, Secretary, Board of Appeals~ Main Road, So:thold, NY 11971, on or before June llth. Thank you. FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To .W..~..~.'~...~:..~.2~.'77..(~: .......... .~.~ ~..o%: ~ .~...~...~,~,~ .~., .~... ~ .~:..~..-y...~,~. PLEASE TAKE NOTICE that your application dated .... ].%~I..C~.% .~....~-.? .......... 19 .~ .~.. for ~~. ~..% .~..~... ~.~. +~. ............................................ at Location of Property . .~. ? .(q. ?..O....~...cW..d...~.4 ......... .Q3.~ .~. .................... House No, Street Ham/et County Tax Map No. 1000 Section ... Q .~. 9 ...... Block ..... ~. ........ Lot ?/~...].}.'. 9.? .% Subdivision .... -- .. :Filed Map No. ~ ............... Lot No ................ is returned herewith and disapproved on the following grounds. ~,. ~ ,~...~...~..l.? .b..-]../.?.[.4 ) Building Inspector RV 1/80 .... TOWN OF SOUTHOLD; NEW YORK fAPR;,1, 6 I984, APPEAL FROM DECIStON OF BUILDING INSPECTOR Name of Appella,n¢ Street ar~ Number Orient N.Y* ............................ HEREBY APPEAL TC 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 David ]4. a Jeanne Mo Browner Name of Applicant for permit of (No %) ]4ain Road Ori~l%t New York Street and Number Municipality State ( ) PERMIT TO USE ~ PERMIT FOR OCCUPANCY ( ) I. LOCATION OF THE I~ROPERTY -(NO '%) Mazn. , A~-Res. a .& chi. Lure Street USe District 'on Zon'ing MOD See.:' ~)20}_Blk, 03, Lot MoD No. Lot No. 1000~ Sec, 015, BiLk, 08~ ~t 028 2. PROVISION IS) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sectio~ and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III, SeCtion 100-31 TYPE OF APPEAL Appeal is made herewith for A VARIANCE to :the Zoning Ordinance or Zoning Map AVA. RIANCE due to lack of access {State of Ne~ York Town Low Chap. 6~2 Cons. Lows Art. 16 Sec. 280A Subsection 3 · t PREVIOUS APPEAL A p?evious appeal-(,f~"~(hos not) been made with ~espect'to this decisio~ of me Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) REASON FOR APPEAL A Variance tc Section 280A Subsection 3 A Vcriance to the Zoning Ordinance ,s requested for the reason that~ The applicant des~es parcel intO ~wo parcels; one with an area of 54840 other with an area of~ 107800 sq. ft. + to 8/vide, a 4.066 acre ft. + and the Form (Continue on other side) REASON FOR APPEAL ] STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory,~HARDSHIP because the bulk schedule requires that each lot ha~e'"ar~S of 80~000 sq. ft. and the division in~o two (2) complying lots ~ould cause the practical difficulty in that this parcel was heretofore legally divided with one-family dwellings erected on each lot and landscaped as Such, 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 (1) Heretofore the s~bject parcel was d/vide~ into two lots and, legally, a private one-family -~elling~was constructed upon each lot; and (2) An inadver~ant merger, as the Zoning Ordinance of the Town of So~thold is nc~ interpreted by said Town, .Occurred when then existing easterly parcel of 1.121 acres was~conveyed to on March 8, 1977 and ~the ~wn,, t}tere- after,~ adopt~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because (1) The spirit of the ordinance would be obsex~ed in that a parcel with an area of 162640 sq. ft. is being divided into only two parcels, which parcels would have average areas in excess of 80,000 sq. ft.; and (2) The character of the district would remain ~nchanged in-that there are now existing two, legal, one- fam{ly residences on the parcel an~d~.~ therefore, t.he intensity of land use WOuld no~: be in~reased.. STAT£ OF NEW YORK ) ) ss 'COUNTY OF SUFFOLK ) Sworn to this .............................................. ~doy f.-..] ............. i .... 19 84 WILLIAM N. PRICE. JR. NOTARY PUBLIC State of New York No. 4'644944. Suffolk County Term Exmres March 30, 1985 STREET VILLAGE TYPE OF BUILDING COMM. CB ~bA SC. Mkt. Va ue ~ REMARKS Swompla~d Brushlond -Total FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH- .: BULKHFAD DOCK COLOR M. Bldg. Extension Extension Extension Porch Porch' Foundation Ext. Walls Fire Place Type Roof Bath Floors Interior Finish Heot Rooms 1st Floor Recreation Rooms 2nd Dormer Breezeway 6aroge '/ 3-, D ~ ~otio Driveway P°rch0 G(~rage Foundation .J~osement Beth Dinette Floors Interior Finish Total Fire Place Heat i Type Roof Rooms 1st Floor Patio Recreation Roam Rooms 2nd Floor O. B, Dormer Driveway Ext. Walls OWNER VILLAGE LAND IMK TOTAL FARM DATE COM~. CB. TYPE OF 'BUILDJNG ~e~ M~CS, M~t. ~aJue Total FRONTAGE DEPTH BULKHEAD 4-O / ~ Four~iatlon Floor'.,, In~'iot FJ~L~ He~t Rtx~rns Ist Floor Driveway ~00.0 COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN Town of Southold Board of Appeals August 15, 1984 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Katherine Farr Katherine Fart John Denny David & Jeanne Brawner Ernest & Jean Stumpf John Grigonis 3117 3118 3244 3245 3247 3248 GGN:jk~ Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman .Chief Planner 11788 Southold Town Board of Appeals MAIN RDAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 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: xx Variance from the Zoning Code, Article III , Section I00-3I Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit DAVID & JEANNE BRAWN~R ' Appeal No.: 3245 Applicant: Location of Affected Land: S/S Main Rd., Orient County Tax Map Item No.: 1000-20-3-28 p/o II.2 Within 500 feet of: Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) xx State or County Road, ~arkway, 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 set-off parcel w/insuff. area. Hearina June 2I., I~84. No Action Taken. Copies of Town file and related documents enclosed herewith for your review. Dated: June 26, I984 ~~ ~' ~/~ Temp. Secret~ry, Board of Appeals Southold Town B°ard of Appeals ' MAIN ROAD ~TATE ROAD 25 $OUTHOLD, L.I., N,Y. 1197] TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI July 20, 1984 Irving L. Price, Jr., 828 Front Street Greenport, NY 11944 Esq. Re: Appeal No. 3245 David and Jeanne Brawner 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). Y~rs very truly, Enclosure Copy of Decision to Building Department Planning Board' Suffolk County Planning GERARD P. GOEHRINGER C H~kI RMAN ~ Secretary Commission Southold, N.Y. 11971 (516) 765-1938 April 3, 1984 Mr. Irving Price, Jr. Attorney at Law 828 Front Street Greenport, NY 11944 Re: set-off for Brawner located at Orient Dear Mr. Price: A quorum of the Board met following field inspections on March 30, 1984 at Town Hall, and the following action was taken. RESOLVED that the Southold Town Planning Board has no objection to the lay-out of the proposed set-off of David and Jeanne Brawner, however, the Board disapproves the set-off due to insufficient area, 100-31. If .you have any questions, cc: Zoning Board of Appeals please contact this office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M .Schultze, Secretary Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAW~CKI May 9, 1 984 Irving L. Price, Jr., 828 Front Street Greenport, NY 11944 Esq. Re: Appeal No. 3245 David and Jeanne Brawner Dear Mr. Price: This letter will confirm our conversation with your office that the above matter was reviewed by tile board at its Special Meeting held May 2, 1984, and the same has been scheduled for a public hearing to be held at our June 1984 Regular Meeting, which is tentatively the 14th. Yours very truly, Enclosure (SEQRA action) Linda Kowalski Southold Town Board of Appeals MAIN RE}AD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l APPEALS HOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS TELEPHONE (516) 765-1809 May 1 984 S,E.Q,R.A, NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-SignificancP APPEAL NO.: 3245 PROJECT NAME: DAVID AND JEANNE BRAWNER by I.L. Price, Jr., Esq. 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 that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for approval of insufficient area of plot to be set off containing approximately ].]2l acres. LOCATION OF PROJECT: Town of Southold, County of Suffolk, particularly known as: South Side of Main Road, 0rient, NY;- County Tax Map Parcel No. ]000-20-3-part of ]]. more REASON(S) SUPPORTING THIS DETEP~4INATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not located within 300 feet of a critical environmental area or tidal wetlands. FOR FURTHER INFORMJkTION, PLEASE CONTACT: Linda KowalsRi, 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. Legal Notices NOTICE OF · Pt~LIC HEARINGS NOTICE IS H~R~BY GIVEN, pursuant to ~ Provisions of thc-Amanded a Regular Meeting aad th~ ~ of Apl~als at the Town 8all, Main Road, Southold, NY on~HUI~DAY, JUNE 2I, ~and~4, amlmoncing at 7:30 p.m. as follows: ~O?:35 p.m. Application for HN DENNy, 333 Warwick Avenue, Teanech, NJ 07666 ~ a Yarianc~ to the Zoning ~e, Article III, Section 100-32 for permission to ~bnstruct accessory garage ~,~ildtog to the frontyard area tt premises, 1259 Private .qond #1 (Goose Creek Lane), ~buthold, NY; County Tax nap Parcel No. 1000-078-08- . 7:40 p.m. Application of }EORGE R. TUTRILL, Box 'i'10, Cutchogne, NY for a 7ariance to the Zoning )rdinance, Article llI, Section 100-31 for approval of nsufficient area and width of I~aroels located at the north i~lde of Bay Avenue, i~utcbngue, NY; Nassau i~arms Subdivision, part of !Jot 140; County Tax Map Parcel No. 1000-104-04.33. ~7:45 p.m. Application fo~ AVID AND JEANNE ~ BRAWNER, Main Road, 0~ient, NY for a Variance to the Zoning Ordinance, Article ~ HI, Section 100-31 roi' approval ~'of insufficient area of parcel to ~ be set-off from an 4.066 acre ~aroel at the South Side of ain Road, Orient; County ~8ax Map ?areal No. 1000-20-3-~ and part of 11.2~ ~ 7:95 p.m. Application of ~RNEST AND JEAN STUMPF, 207 Roxbury Road South, Garden City, NY 11530, for a Variance to the Zoning Ordinance, Article IlL Sec- with ~ction of sideyard sethael~t premises located at 860 Main Bayview Road, Southold; County Tax Map Parcel No. 1090-075-07-016.2. · 8:20 p.m. Application for PATRICK CARRIG and MARK S. McDONALD, (OWners: Eric and Nancy Maim), Richmond Road, Southold, I~ for a Variance for approval of access, New Ycrk Town Law, Section 280- A, over a private right-of-way located at the north side of Bergen Avenue, Mattiteck, to Tax Map Parcel No. 1000-112- 1-18, containing approximately 3.9 acres. 8:40 p.m. Application for DOUGLAS MILLER, Montauk Highway, Qungue, NY for a Variance for approval of accesses, New York Town Law, Section 280- A, over two private rights-of- way, one known as "Kirkup Lane" and one as "Laurel Way" located at the South Side of Sound Avenue, Mattituck, (near Laurel), to premises identified as County Tax Map Parcel No. 1000-121- 4-10 containing approximately 7.2 acres. 8:55 p.m. Application for BERTRAM AND MARGERY WALKER recessed from May 17, 19~4 for Variances for: (a) interpretation, (b) approval of deck in sideyard, (c) approval of reduction of livable floor area and insufficient sideyards of dwelling conversion. Peconic Bay Blvd., Laurel; 1000-145-4-014. 9:15 p.m. Application of ARTHUR R. TRUCKEN- BRODT, et al., Private Road, Orient, NY for a reversal of the interpretation of the building inspector concerning a Certificate of Occupancy No. Zl1736 issued June 21, 1983 to E. Loucopoulos and H. Damianos for an one-family dwelling and four accessory cottage structures at Private Road No. 7, (a/k/a Diedericks Road), Orient; County Tax STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) SUSAN W, ALLAN of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weakly 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 n printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 7th, dayof June 1984 Principal Clark Sworn to before me this 7 th dayof June 1984 NOTICE OF PUBLIC HEARING NOTICE/IS ifl~EBY GIV- EN, pursu~mt to Section ~l~? the Town Law and the visions of the Amended Code of the Town of Southold, a Regular M~.ting ~md the fol- lowing public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on THURSp~,Y, JUNE 21. 1984, commencing at 7:30 p.m. and as follows: 7:35 p.m~ Application for JO~ DF.2~, 333 Warwick AVenue, Tea Neck, NS 07666 for a Variance to the Zoning Ordinance, Article I~, Section 100-32 for persmisston to con- struct'accessory garage bulid- h~g in the fi-ontyard aren at premises, 1255 P~ivete Road #! (Goce~ Creek l~ne), South- old, NY;' CoT ~x~ ,,Map Parcel No. 1~. 719, Cutchogu~;~NY for a once, Article I~ S~tIon 100- area and wid~ of, parcels located at the north aide of Bay Avenue, Cut~hsJli~, N~; Nas- san Farms Su~visio~, pm of Lot 140; Cun~ Tax Map Parcel No. 1000-104~3~ / 7:~5 p.m. AppUe~oa DAVID AND lent, NY for It Yal*Janc~ to the ~ insufficient a~ea oJper~el t5 be et the south ~e of parcel Nu.~ 1~20-3-28 and 7:55 p*m.~ Application of ERNEST A~, $ E A N ~ 207~o=bury Road South, GardmtCity, NY 11530, for a Varianc~ go the Zoning Ordinance, _Article BI, Section 100-32 (and/or Section 100-31; for permission to construct raised deck with an insuffi- cient setback in the 'side and rear yards etthe West Side of S. Oakwood Drive, Laurel; County Tax Map Parcel No. 1000.145-03-005. 8:05 p.m. Application for EUSTACE C. ERIKSEN, 1085 Westview Drive, Mettituck, NY for a Variance to the Zoning Ordinance, appealing the December 12, 1983 deci- sion of the building inspector in order to permit the con- version and renovation of a "guest cottage" or second dwelling structure at premises known as 1085 West View Drive, Mattituck; County Tax Map Parcel No. 1000-139-1-3. 8:15 p.m. Application of JOHN GRIGONIS, 950 Bay- view Road, Southold, NY for a Variance m the Zoning Ordin- ance, Article m, Section 100- 31 for approval of the con- struction of new dwelling with reduction of sideyard setback, at promises located at 860 Main Bayview Road, Soethold; County Tax Map Parcel No. 1000-070-07-016.2 8:20 p.m. Application for PATRICK CARRIG and' MARK S. McDO ~.p~ (Own- ers: Eric and Nancy Maim), Richmond Road, Southold, NY for u of 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 $outhold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ...................... ../. ............... weeks successively, commencing on the .............. ~..7. .................. day o f.~..... · .~...~. · .~. · .......................... 19....~-.~ Swam to before me this .............. ~ ...............day of 'APR 1 6 1984 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TOW. APPEAL NO.k.-~,::~ ~ DATE April 13, 1984 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ], (We) .D...a..v...i..d.....M..:....&.....J...e..a..n...n..e.....M...'....B..r.~'~.of ..... .(..N...o.....~.!.....M..a...i..n.....R...o..a..d.. ................................ Name of Appellant Street and Number Orient N.Y. ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... .M...a..r..c.,,h. .......... .,.....1..9...8..4. ............. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (X$ David M. & Jeanne M. Brawner Name of Applicant for permit of (No #) Main Road Orient New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY (No #) Main Rd. A-Residential & Agriculture Street Use District on Zoning Map Suffolk County Tax Map Nos. District 1000, Sec. 020, BiA. 03, Lot .................................................................................Mop No. Lot No. P/O 011. 002 and District 1000, Sec. 015, Blk. 08, Lot 028 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 TTT, Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for (XX; 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 -(-h,esf-(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X~ ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reasonthat: The applicant desires to parcel into two parcels; one with an area of 54840 other with an area of 107800 sq. ft. + divide a 4.066 acre sq. ft. + and the Form ZBZ (Continue on other side) REASON FOR APPEAL Continued ]. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sory HARDSHIPbecause the bulk schedule requires that each lot have areas of 80,000 sq. ft. and the division into two (2) complying lots would cause the practical difficulty in that this parcel was heretofore legally divided with one-family dwellings erected on each lot and landscaped as such. 2. The hardshipcreated is UNIQUEond isnotshared by all properties alike in the immediate vicinity ofthisproperty andinthis use district because (1) Heretofore the sabject parcel was divided into two lots and, legally, a private one-family dwelling was constructed upon each lot; and (2) An inadvertant merger, as the Zoning Ordinance of the Town of Southold is now interpreted by said Town, occurred when the then existing easterly parcel of 1.121 acres was conveyed to applicant on March 8, 1977 and the Town, there- after, adopted two acre zoning. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because (1) The spirit of the ordinance would be observed in that a parcel with an area of 162640 sq. ft. is being divided into only two parcels, which parcels would have average areas in excess of 80,000 sq. ft.; and (2) The character of the district would remain unchanged in that there are now existing two, legal, one- family residences on the parcel and, therefore, the intensity of land use would not be increased. COUNTY OF SUFFOLK Sworn to this ..............................................day of ................... ~ ..... ~ ...... 19 84 N6tary ~' WILLIAM H, PRIC[, ,IR, IIOTAR¥ PUBL~ State of New York No. 4'644944, Suffolk County Term Expires March 30, 1985 BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : David M. & Jeanne M. Brawner : to the Board of Appeals of the Town of Southold : TO: WALTER H. BURDEN EARL T. WILSON & wife WILLIAM H. TAYLOR & wife GERTRUDE REEVES 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) 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Bounded on the North by Main Road; Bounded on the East by lands of Wilson, Taylor & Reeves; Bounded on the South by land of Brawner; and 'Bounded on the West by land of Burden 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: A-Residential & Agriculture 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: Permission to divide a 4.066 acre parcel into two parcels; one with an area of 54840 sq. ft. +; the other with an area of 107800 sq. ft. ~ $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sectic~ 100-31 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petiti;ner ~ irving L. Price, Jr. Attorney Post Office Address 828 Front Street Greenport, New York 11944 NAME PROOF,OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Walter H. Burden Mr. & Mrs. Earl T. Wilson Mr. & Mrs. William H. Taylor Ms. Gertrude Reeves Bay Avenue, Orient, New York Main Road, Orient, New York RFD i---Box 80, Orient, New York Youngs Avenue, Orient, New York P 571 535 983 RECEIPT FOR CERTIFIED MAIL NO INSURANC£ COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) SM~:.n,,o Walter H. Burden s~Fd~enue P.O., State and ZIP Code Orient, NY 11957 Postage Ce~ified Fee )ecial De;ivery Fee Restricted Delivery Fee Return Receipt Showing whom and Date Delivered Date, and Address of Delivery TOTAL Postage and Fees $ · ' . reSiding at County Route 48, $outhold, ~ ' · ; being duly sworn, deposes and says that on the /.~ W~ day , -,.t~9 84 , 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 Southold; that said Notices were mailed at the United States Post Of- ficeat Southold ; that said Notices were mailed to each of said persons by (certified) ~i~eee~- mail. Sworn to before me this /~ ~ day/~ April . ,19 84 No/tam/Public ' -~ thydD'I o Klin~e / NOTARy PUtILIC. State o! N Surf Co, No. 4701594 Tmn bp~ M~'eb ~ ]~j Copie~ of Legal Notic Mr. John Denny Environment East, Inc. Mr. George R. Tuthill Irving L. Price, Jr., Esq. Mr. and Mrs. Ernest Stumpf Mr. and Mrs. Ernest Stumpf Mr. Edward Tobia Rudolph H. Bruer, Esq. Mr. John Grigonis George O. Guldi, Esq. Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, Richard T. Haefeli, Esq. McNulty, DiPietro & Haefeli James Cron, Esq. William W. Esseks, Esq. Esseks, Hefter, Cuddy & Angel Howard E. Pachm~n, Esq. Pachman, Oshrin & Block, P.C. Richard F. Lark, Esq. ,iled 6/5/84 to the PeC. foll~ng: JUDITH T. TERRY TOWN CLERK REGISTRAR Ol' VITAL SI Al ISIICS 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 April 16, 1984 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3245 application o£ David M. & Jeanne M. Brawner 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; Disapproval from the Building Department; and survey. Judith T. Terry Southold Town Clerk IllVIN6 L. PltlGE, Jlt. ATTORNEY AT LAW GREENPORT, L. I., N. Y. 11944 April 13, 1984 Mrs. Judith T. Terry Southold Town Clerk Main Road Southold, New York 11971 Re: Application of David M. and Jeanne M. Brawner to Board of Appeals Dear Mrs. Terry: Enclosed herewith please find: (1) Notice of Disapproval dated April 12, 1984 (2) Application in Triplicate (3) Notice of Adjacent Property Owners (4) Wetlands Letter (5) Environmental Assessment Form (6) Six (6) copies of survey (7) $50.00 check for filing fee Please advise me of the date and time of the hear- ing for the subject application. If you have any questions, please do not hesitate to contact me. Very truly yours, / ILP:kk Enclosures 0 0 0 ,SHORT ENVIRON~4ENTAL ASSESSMENT FORUM INSTR.C~=ONS. (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studiss~ research or other investigations will be undertaken.' (b) If any question has been answered Yes the project may be signnificant and a completed Envirom~ental Assessment Form is necessa~t. (c) If all questions have been answered No it is likely that this project is not significant. (d) Enviror~ental Assessment 1. Will project result in a large physical c~mnge to the project site or physically alter more than l0 acres of land? ....... · · · Yes x No 2. Will there be a major change to any unique or unusual land form found on the site? · . Yes X ' No 3. Will project alter or have a large effect on an existing body of water? . . · · · · · Yes x No ~. Will ~roject have a potentially large impact on grounawater quality? · . · . . . · · · Yes x No 5. Will project significantly effect drainage flow on adjacent sites? · · . ...... Yes x No 6. Will project affect any threatened or endangered plant or an~T~l species? . . . . . . · · Yes x No 7. Wi21 project result in a major adverse effect on air quality? · · · · · · . · · Yes ~ No 8. Will project have a =mJor effect on visual char- acter of the co~munity or scenic views or vistas known to be important to the community? · · · Yes X No 9. Will project adversely impact any site or struct- ure of hisporic, pre-historic~ or paleontological importance or any site designated as a critical environmental area by a local agency? · · · Yes x No 10. Will project have a major effect on existing or future recreational opportunities? · · · Yes x No 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors~ noise, ~lare~ vibration, or electrical disturb- ance as a result of the project's operation? . Yes X No 13. Will project have any impact on public health or safety? · · · . · · . · · · · · Yes x No 1L. Will project ~ffect the existing community by directly causing a ~rcwth in permanent popula- tion of more t~an 5 percent o~er a one-year period o__r have a major negative effect On the character of %he com. munity or neighborhood?. . Yes x No the project? Yes x No r~ =. Attorney DATE: April 13, 1984 April 13, 1984 (Today's Da~e) To: Southo!d Town Board of ..... ~??=~ls Main Road Sou~no!d, NY 11971 Re: Appeal Application of David M. and Jeanne M. Brawner Location of Property: Main Road, Orient, New York Dear Sirs: 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 id the within appeal application: (please check one box) [ ] May be ~ .... ~'' ~ ~oc~=d ,~_~nzn 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.* [ ] May be located within 300 feet of tidal wetlands; ho%.;ever, constructed along the water-lying edge of this properny is a bulkhead in need of (minor) (m~3o~} 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 nc bulkhead or concrete wall existing 'on the premises. -Ix] not appear to 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, NOTE: If proposed project falls witg~in D.E.C. jurisdiction, approval must be received an.d submit~:&d to our office before your application can be .scheduled for a public hearing. ISLA~VD RD,