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Home My WebLink About3209-~F~A~, I~kl~-~' P. ~. &-~IFE ~285 .~00 _Be~s St.~ Cutc~ho~ue . . 9~3~8I Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3209 Application gated January 23, 1984 TO: Mr. and Mrs. Harry P. Fagan, Jr. 400 Betts Street Cutchogue, NY 11935 (Public Hearing March 2, 1984) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on March l?, ]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 ]00-3] [ ] Request for The public hearing on this application was held on March 2, 1984. Upon application of HARRY AND MARIE FAGAN, 52 East Lincoln Avenue, Valley Stream, NY 11580 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck addition with reduction in the rearyard setback from the westerly property line at premises: 400 Betts Street, Cutchogue, NY; County Tax Map Parcel No. 1000-110-6-9. The board made the following findings and determination: By this application, appellants seek permission to construct a 8' by 24' wooden deck addition to dwelling which would leave a setback from its rear (westerly) property line at its nearest point at 21.6'. The premises in question contains an area of 10,000 sq. ft. with lO0- foot frontage along Betts Street. The subject premises is improved with a one-family dwelling structure which is set back approximately 27 feet from Betts Street property line and 12 feet from its southerly property line. At the rear of the existing dwelling is an 8' by 16' addition with a setback of approximately 25 feet from the rear property line, which was permitted by Appeal No. 2858 during September 1981. The applicants intend to stay in line with the existing setback, however, due to the angle of the rear property line it is not possible for applicant to maintain the 25' setback. The board agrees with the reasoning of applicants under the circumstances. In considering this appeal, the board determines: (a) that the relief requested is not substantial; (b) that the circumstances are unique; (c) that by allowing the variance, no substantial detriment to adjoining properties would be created; (d) that no adverse effects will be produced on available governmental facilities of any increased population; (e) that the relief requested will be in harmony with and promote the general purposes of the zonin9 code; (f) that the interests of justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was (CONTINUED ON PAGE TWO) DATED: April 19, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3209 Matter of HARRY AND MARIE FAGAN Decision Rendered March 17, 1984 RESOLVED, that Appeal No. 3209, application of HARRY AND MARIE FAGAN, for permission to construct deck addition with an insufficient rearyard setback at 21.5 feet, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck addition not be enclosed or roofed; 2. There be no further rearyard reductions less than that proposed by this application (not closer than 21.5 feet). Location of Property: 400 Betts Street, Cutchogue, NY; County Tax Map Parcel No. 1000-110-6-9. Vote of the Board: Ayes: and Sawicki. Member Doyen of tion was unanimously adopted. Messrs. Grigonis, Douglass, Goehringer Fishers Island was absent. This resolu- RECEIVED ~D FILED THE SOUTE< ~ ,,.-- , To__wn Clerk :;'b~..~ ~ ~outhold MA~N RmAD- ~TAT~ ROAD 9-5 SDUTHE)LD, L.I., N,Y. ll:J?l TELEPHONE (516~ 765-1809 APPEAt~S 8OARD MEMBERS GERARD P. GOEHRINGER CHAIRMA~ CHARLES GRIGONIS..IR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWICK1 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 1,1eeting and the following public hearings will be held by the Southold Town Zoning Board of Appeals at the Town Hail, Main Road, Southold, NY on FRIDAY, MARCH 2, 1984, commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Recessed hearing of FRANK SIMON and GEORGE SANBORN. Accessory garage in frontyard area. 3955 Stars Road, East Marion, NY. 7:35 p.m. Application for HENRY AND DOROTHY ST. GEORGE, by Irving L. Price, Jr., Esq., 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Sections lO0-31 and 130-32 for permission to construct: (a) addition to dwelling reducing rea~yard setback, (b) accessory garage building in the frontyard area at premises: 300 Marion Place, East Marion, NY; County Tax Map Parcel No. lO00-31-8-part of 12.5. 7:40 p.m. Application of JAMES F. DRUCK III, Box 355, Laurel, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Article XI, Section lO0-118, to alter and construct addition to a nonconforming second dwelling exceeding 50% of fair market value and leaving insufficient sideyards. Premises: 7015 Peconic Bey Boulevard, Laurel, NY; County Tax Map Parcel No. 10o~-126-10-013. 7:45 p.m. Application for PAUL D. VARTANIAN and the TOWN OF SOUTHOLD for a Variance to the Zoning Ordinance, Article V, Section 100-51 and Article III, Section 100-31, Bulk & Parking Schedule, for approval of insufficient area and width of two proposed parcels, and for permission to continue use of multiple- dwelling residence on proposed Parcel !'B" as exists. Premises: Whistler Avenue, Fishers Island, NY; County Tax Map Parcel ID No. 1000-009-10-9. 7:50 p.m. Application for PATRICIA STEGNE~, by Rudolph H. Bruer, Esq., Main Road, Southold, NY, for a Variance to the Zoning Ordinance, Article III, Section ]00-31, and for approval of access, New York Town Law Article 16, Section 280(A)[3],.concerning premises having insufficient area and width and located along the west side of a private right-of-way off the south side of Main Bayview Road, Southold, NY; County Tax Map Parcel ID No, 1000-78-6-5 and 10.2. ~p.m. Application of HARR~ AN~ [~R~E FAGAN, 52 East Linco'~n Avenue, ~ ~l_l~y~.~e£t. innlnn_S~am, NYforpermissiontoconstructde~kadditionwithreductionl1580, fora Variance to th~ Zoning, Ordinance, Article III, ~ the rearyard setback from the westerly property line at premises: 400 Botts ~ Street, Cutchogue, NY; County Tax Map Parcel No. 1000-110-6-9. ~ Legal Notice - Page 2 March 2, 1984 Regular Meeting Southold Town ~oard of Appeals 8:05 p.m. Application for F~qNCES O. EPP, Birch Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area in the proposed set-off of lot located ac the corner of Maple and Pine Roads, Southold, NY; County Tax Map Parcel tD No. 1000-54-9- part of 18. 8:10 p.m. Application for DANIEL SHELLEY, by Gary Flanner Olsen, Esq., Box 38, Mattituck, NY for a Variance for approval of access, New York Town Law, Article 16, Section 280(A), and Variance to the Zoning Ordinance, Article III, Section lO0-31 for ~pproYal of insufficient area of one parcel in this proposed two-lot division located on a private right-of-way off the north side of Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-83-2-4. 8:20 p.m. Application for NORTH FORK BAPTIST CHURCH, C.R. 48, Mattituck, NY by G.L. Horton for a Variance to the Zoning Ordinance, Article III, Section lO0-31 for permission to relocate a nonconforming one-family dwelling which was the subject of Appeal ~o. 3197, conditionally approved on January 25~ 1984, at premises located on the west side of Westohalia Road and the north side of C.R. 48, Mattituck, NY; County Tax Map Parcel No. 1000-101-02-21.1. For information concerning the above matters, please contact Linda Kowalski at the Office of the Board of Appeals, Town Hall, Southold, NY; tel. 765-1809 or 1802. Those persons having an interest in the above matters may appear at the time and place specified herein. Dated: February II, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIR~N NOTICE TO NEWSPAPERS: Please publish once~ to wit: Thursdaz, Februar)i 23~ -984 and forward nine affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971, before February 29th. (5t6) 765-1809. Copies have been forwarded to the following 2/16/84: Irving L. Price, Jr., Esq. for Simon and Sanborn .... for Henry and D. St. George Mr. James F. Druck Robert W. Tasker, Rudolph H. Bruer, Mr, and Mrs. Harry Mr. C. Cochran for III Esq. for Town of Southold/Vartan~an Esq. for Patricia Stegner Fagan Mrs. Epp Mrs. Frances D. Epp Gary Flanner Olsen, Esq. for Daniel Shelley Mr. G. Horton for North Fork Baptist Church North Fork Baptist Church Suffolk Times L.I, Traveler-Watchman Supervisor and Town Board Members Planning Board Chairman Z.B.A. Members Individual files Posted on Town Clerk Bu]~tin Board 2/16/84 FORM NO. 3 .~ TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ S~bdirision ................. Filed Map No ................. Lot No .............. ~s returned h~rew~th and disapprove, d on the following grounds.. ~ ~ ~. :~.. ........ .J~.-~..~..~..~. ...... .qL,. ~..'llr .... ~...~....~...~..~.. :...~.~ ............ ..~ ~:~..~.,~...~,..0,~,~,....~. ~.~. ............... Building Inspector RV t/80 TOWN OF SOUTHOLD, NEW YORK DECISION OF BUILDING INSPECTOR APPEAL NO.~. ~ ~ DATE ..J. .......................... TO THE ZONING BOARD OF ~PPEALS, TOWN OF SOUTHOLI~, N: Y. Nome '"' ~;'~;;F;'~'~" ~;;;~'~;: .......................... J/'/Y/-.Z.~'../' ~,5'7"R~'~/~ ................. '"/~"~i'~ ...... i.;.FIEREBY APPEAL TO .............. 7' ................... /~;;;i;;;;ii~'~; ...................... THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED:/-/~'f~FOR: /~ _~)~"~,~' .,~)~)/~'~'~',,"r~ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of AppJicant for permit o f ~-~, Street and Number Municipality State I I PERMIT TO USE ( ~ PERMIT FOR OCCUPANCY · '~W~PEI~IT TO BUILD ~ )~ ~'~'~ . I. LOCATION OF THE PROPERTY ~.~ ............................................................................Street ~a ~Ze~ //~ ~ ~ ................... o~ 'i~;';"~;: .......... ~'2'~')~ .............. Lt ~o. DA~3 ~OAC~AS~D: ............... 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section Sub- section ana garagrapn of the Zoning Ordinance by number. Do not quote the Ordinance.) Article _~ , Section .',~'-~ TYPE OF APPEA_ Appeal is moae herewith for q~A VARIANCE to the Zoning Ordin.ance or Zoning Map A VARIANCE due to lack of access l]tate of New York Town Law Chap. 62 Cons. Laws ~rt. 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal h~s~(has not, been made with respect to this decision of the Building inspector or witk respect to this property. Such ~ppeo was ( request foF a special permit t ~/) request for c variance and was made in Appeal No ....... ,~-~..~,.,.~. ............. Dated ...~...~..T,?...~.?.../..~ .............. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( I~'A Variance to the Zoning Ordinance is requested for the reason that we W0~ld like to UIz) A F0l~l ZB1 (Continue on other side) REASON FOR APPEAL Continued 1 STRICT APPLICATION OF THE ORDINANCE would produce practice difficulties or unneces- sarv HARDSHIP because "v'/~' 2 The qardshiD created is UNIQUE and is not snarea Dy all oroperties alike in the immediate vicinity of this aroperty and in this use district because '~'~-//4~ ~,~.e' ~)~'~',~ ~'r~,¥~¢ ~ ~z~ ~ ~,ru~r~) ~/~e~ o~ ~,-~, /S~7 )~ 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because '~'~/~' ~¥',~1~'~'~'~4E /~e ¢~z~ ~ ~¢~ ~ STATE OF NEW..~¥ORK ) ) ss APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE OOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 April 19, 1984 Mr. and Mrs. Harry P. 400 Betts Street Cutchogue, NY 11935 Fagan, Jr. Re: Appeal No. 3209 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 be 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 GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary ! / / ! i'-'l ? . r.,.: _!- -:.,:. LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section ~7 of the Town Law and the 'rovisions of the Amended ode of the Town of Seuthold, Regular Meeting and the following public hearings will be held by the Seuthold Town Zoning Board of Appeals at the Town Hall, Main Road, Southold, NY on FRIDAY, MARCH 2, 1984, commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Recessed hearing of FRANK SIMON and GEORGE SANBORN. Accessory garage in frontyard area. 3955 Stars Road, East Marion, NY. 7:35 p.m. Application for HENRY AND DOROTHY ST. GEORGE, by Irving k Price, Jr., Esq., 828 Front Street, Greenpert, NY for a Variance JUDITH~ CHIEN NOTARY PIJBL C State o~ New Yor~ No. 4796131, Sutlolk CounP~ lerln Expires ~,~'ch 30 l~ to the~Zoning Ordinance, Article III, Sections 10(P31 and 100-32 for permission to construct: (a) addition to dwelling reducing rearyard setback, (b) accessory garage building in the frontyard area at premises: 300 Marion Place, 'East Marion, NY; County Tax Map Parcel No. 1000-31-8-part of 12.5. 7:40 p.m. Application of JAMES F. DRUCK III, Box 355, Laurel, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Article XI, Section 100- 118, to alter and construct addition to a nonconforming second dwelling exceeding 50% of fair market value and leaving insufficient sideyards. Premises: 7015 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-10-013. 7:45 p.m. Application for PAUL D. VARTANIAN and the TOWN OF SOUTHOLD for a Variance to the Zoning Ordinance, Article V, Sei:tion 10051 and Article III, Section 100-31, Bulk & Parking Schedule, for approval of in- sufficient area and width of two proposed parcels, and for permission to continue use of multiple-dwelling residence on proposed Parcel "B" as exists. Premises: Whistler Avenue, Fishers Island, NY; County Tax Map Parcel ID No. 1000-009-10-9. 7:50 p.m. Application for PATRIC1A STEGNER, by RUdolph H. Bruer, Esq., Main Road, Southold, NY, for a Variance to. the Zoning Ordinance, Article III, Section 100-31, and for approval of access, New York Town Law ~,~'~e!~- ~.~, Section 280!A)[3], concerning premises having insufficient area and width and located along the west side of a private right-of-way off the south side of Main Bayview Road, Southold, NY; County Tax Map Parcel ID 78-6-5 and 10.2. .m. Application ARRY AND MARIE] FAGAN, 52 East Lincoln]' Avenue, Valley Stream, NY/ 11580, for a Variance to thel Zoning Ordinance, Article III,~,~ Section 100-31, for permission~ to construct deck additiong with reduction in the rearyard ~, setback from the westerly~ property line at premises: 400~ ~Betts Street, Cutchogue, NY;] uounty Tax Map Parcel No.~ 8.'05 p.m. Application FRANCES D. EPP, Birc'~. Road, Southold, NY for a Variance 'to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area in the proposed set-off of lot located at the corner of Maple and -'-~'l~oads, Southold, NY; County Tax Map Parcel ID No. 1000-54-9-part of 18. 8:10 p.m. Application for DANIEL SHELLEY, by Gary Flanner Olsen, Esq., Box 38, Mattituck; NY for a Variance for approval of access, New York Town Law, Article 10, Section 280(A), and Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of one parcel in this proposed two-lot division located on a private right.of-way off the north side of Oregon Road, Cutchogue, NY; County Tax map Parcel No. 1000-83-2~4. 8:20 p.m. Application for NORTH FORK BAPTIST CHURCH, C.R. 48, Mattituck, NY by G.L. Horton for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to relocate a nonconforming one- family dwelling which was the subject of Appeal No. 3197, conditionally approved on January 25, 19~4, at premises located on the west side of Westphalia Road and the north side of C.R. 48, Mattitack, NY; County Tax Map Parcel No. 1000-141-02- 21.1. For information concerning the above matters, please contact Linda Kowalski at the Office of the Board of Appeals, Town Hall, Soutbold, NY; tel. 765-1809 or 1802. Those persons having an interest in the above matters may appear at the time and place specified herein. Dated: February 11, 1934. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN 1TF23-4494 _ . SS: COUNTY OF SUFFOLK ) SUSAN W ALLf~I'~ 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 one weeks successively, commencing on the ~ 3 Yd dayof Fe~a~¥ 19 84 Prinnipel Clerk Sworn to before me this 23rd dayof February 19 84 NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Section 267 the Town Law and the Provi- sions of the Amended Code of the Town of Seuthold, a Regular Meeting and the following public hearings will be held by the Southold Town Zoning Board of Appeals at the Town Hall, Main' Road, Southold, NY on FRIDAY MARCH 2, 1984, commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Recessed hearing of FRANK SIMON and GEORGE SANB-O~. Acces. sory garage in frontyard area. 3955 Stars Road, East Marinfl, NY. 7:35 p.m. Application for HENRY AND DOROTHY ST. GEORGE. by Irving L. Price, Jr., Esq., 828 Front SWeet, oreenpen, NY for~a V~lance to the Zoning Otdinanoc, Article HI, Sections 100-31 and 100-32 for permission to con- struct: (a) addition to dwelli~ reducing rearyard setback, (b) acce-~sory garage building in the fl'ontyard area at premises: 300 Marion Place, East Mar- ion, NY; County Tax Map Parcel No. 1000-31-8-part of 12.5. 7:40 p.m. Application of JAMES F. DRUCK Hit Box 3SS, Laurel, NY, for a Variance to the Zoning Ordinance, Article HI, Section 100-31, Article XI, Section 100-118, to alter and construct addition to a nonconforming second dwelling exceeding ~0% of fair market value and leaving insufficient sideyards. Pre- mises: 7015 Peconic Bay-Bou- levard, Lantel, NY; County Tax Map Parcel No. 1000-126- 10-013. 7:45 p.m. Application for PAUL D. VARTANIAN and the TOWN OF SOUTHOLD for a Variance th' the Zoning Ordinance, Article V, Section 100-S1 and Article HI, SeCtion 100-31, Bulk & Parking Sched- ule, for approval of insufficient area and width of two propos- ed parcels, and for permission to continue use of multiple- dwelling residence on propos- ed Parcel "B" as exists. Premises: Whistler Avenue, Fishers Island, NY; County Tax Map Parcel HI No. 1000- 009-10.9+ 7:50 p.m. Application for PATRICIA STBGNER, by Ru- dolph H. Bruer, Esq., Main Road, Southold, NY, for a Variance to the Zoning Ordin- ance, Article HI, Section 100. '"' 31, and for approval of access, New York Town Law Article 16, Section 280(A)[3L concoru- Lng premises having insuffi- cient area and width and located ~,~$ t~ -,-~st side of a 'H4n 9:'vote tight-of-way oit ,ne coq south side of Main Bayview OH Road, Southold, NY; County ~O! Tax Map Parcel ID No. ~-78-6-5 and 10.2. 00 p.m. Application o'~ HARRY AND MARIE FA-[ GAN, 52 East Lincoln AVenue, [ tn~l V--=a-~ey Stream, NY 11580, for I a Variance to the Zoning )~'ff Ordinance, Att/cie IlL Section to 100-31, for permission to con- struct deck addition with re- 'ti; duction in the rearyard setback -- from the westerly property line at premises: 400 Betts Street, ;utchogne, NY; Cotmty T~ Map Parcel No. 1000-110-6-9. I'' 8:05 p.m. Application for FRANCES D. EPP, Birch Road, Southold, NY for a Variance to the Zoning Ordin- ance, Article HI, Section 100- 31 for approval of insufficient area in the proposed set-off of lot located at the corner of Maple and Pine Roads, South- COUNTY OF SUFFOLK ss: STATE OF NEVV 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-Watch- man once each week for .................... ./ ................... weeks successively, commencing on the ............ .~?.....'~.... ........... da y ~.~.......?~.~..~1. .................... Swam to before me this ................................ day of .......... .............. , CLEMENT J, THOMPSON NOTARY PUBUC, State of New York No. 52-9321125 Residing in Suffolk Couniy Commission Ex~ires {~4arch 30, JUDITH T. TERRY TOWN CLERK RI'GISYRAR OF VITAL SI ,\IISFICS 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 January 23, 1984 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning _Appeal No. 3209 application of Harry P.~ Jr. & Marie C. Fagan for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. Judith T. Terry Southold Town Clerk 'OAN g 31984 TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ....... ...................................... .......................... ~x..~/ J~,~,~ .................................... ...... ....... ................... ...t~....,,...... .......... HEREBY APPEAL TO .V- T' /State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATI~D:/-/,~'~'~'FOR: ~ .~'~/~' ,~l)~,~;'~,e/ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit Street and Number Municipality State ( ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ............................................. ~..t~.~..~ ................... .~. ........... Street and F, amlee Zone //~7 OWNER (S): ................ ~. ......... '~;';"~;.' .......... ~'~'~';~' .............. 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 3. TYPE OF APPEAL Appeal is mode herewith for ( t,~A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock 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 appeal was ( ) request for a special permit (,x) request for a variance ~"X I&' ~41)~~'- ond wos mode in Appeol No ....... ~..?...~'..~ ............. Doted ............ .~...T..~....~'J'/ ~ .............. REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 l~A Vorionce to the Zoning Ordinonce ) ,s requested for the reason that we would like Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because '~v'a' ,~' /,ex ,4/'~ ~' ~~ Z~v~ ~ ~ 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 Wi/'~/ZZ~ '~Z~ ~)~'.,~V~r,~ /x~,~/.%~,,,,,y.~,,f 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because '~'~'/~' ~'7'~/~9"~' ,/~ ~z~ ~ ~ ~ STATE OF 'NE~ YORK ) I/ ) ss COUNTY O~ ) Sworn to this ............ ~ .............. day of ......... ~ ............... 19 ~:~y BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter OT the Petition of : to the Board of Appeals of the lown 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 $outhold to request a~~pecial~ Exception) (Special Permit) (Other) [circle choice] 2. That the properW._which is the subject,gf the Petition is located adiacent to your property and is des- cribed as follows: 3. That the property which is the subiect of such Petition is located in the following zoning district: ~__~O,,q/,,~4. That by such Petition, the undersigned will request the following relief: ~,~,O~ ~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section /~ -~/ 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) 7~5-'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. Oated: /9, Post Office Address .5" ,~,-' ~". NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDR£SS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ,~,~R,,¢7 /~' F/q~/~ ~'~- , residing at ,~'~¥' ~C. ~/,,VL'¥~:,,~' w~W~,4/OW V~zzty ~'F'RF/;,,'f N..)/'~ //v'~'~ , being duly sworn, deposes and says that on the day of -- / ,19 , 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- fice at .; that said Notices were mailed to each of said persons by egistered) mail. Sworn tg.~efore me this ~-~ SHORT ENVIROR'MENTAL ASSESSMENT FORUM ~NSTRUCT!ONS: {a) In order to answer the questions in this short gAF ie is aesumed that the preparer will use currently available inforr~ation concerning the project and the likely impacts of the action, It ia not erpected that additional studies, research or other investigations will be undertakan, (b) If any question has been answered Yes the project may be significant and a ccmp!eted Environmental Assesement Form is nscessa~/, (c) If all questions have been answered No it is likely that this project is net significant, (d) Enviror. men.tal Assessment 1, Will project result in a large physical change to the project site or physically alter more than 10 acres of land? , · · .... · · Yes w/ No 2. Wiil there be a major change to any unique or unusual land form found on the site? Yes wz' No ® 5. 6. ?. 8. 10. 11. 12. 13. Will project alter or have a large effect on an existing body of water? · · · · · Will project have a potentially large impact on gro,~ndwater quality? , , ..... Will project significantly effect drainage flow on adjacent sites? , , , · , · · Will project affect any threatened or endangered plant or animal species? . . . . . . 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 kno~ 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 designated as a critical environmental area by a local agency? . · · Will project have a major effect on existing or future recreational opportunities~ · . · Will project result in major traffic problems or cause a major effect to existing transportation Will project regularly cause objectionable odors, noiee, glare, vibration, or electrical disturb- ance as a result of the project's operation? . Will project have any impact on public health or safety? Will project Affect the existing co.-ununity by directly causing a growth in permanent popula- tion of more than 5 percen% over a one-year period o_.r have a major negative effect on the character of the community cr neighDorhoodO.. 15. PRaP ~_REn o R-PRES~JTIJG. 9/[/78 Yes / NO Yes ,/ No Yes '/ No Yes / No Yes w/ No Yes ,, No Yes / No Yes / No Yes / No Yes // No Yes / No Yes Is there public controversy con;ern~ng the project? Yes / No 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), 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 z. [ I 4. [ ] 5. [ ] 6. [ ] 7. 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 10' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfront area. 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 State Law and to prevent any unnecessary delays in processing your application{s). 10/831k