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Home My WebLink About3178- B. ERT HA~- ~(]FK UL A- ....... # ¢/est. Side.B~§ht Rd.,.Or'ien~: 1/25/84 CAza'pp~6~al 'of insuff. 'awea & width of two proposed parcels Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~'71 TELEPHONE (616) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3178 Application Dated October 13, TO: Mrs. Bertha Okula Main Road Orient, NY 11957 1983 (Planning Board action 11/7/83) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on January 25, 1984 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section ~ ] Request for Variance to the Zoning Ordinance Article III , Section 100-31, Bulk Schedule [ ] Request for The public hearing on this application was held on December 28, 1983, at which time the hearing was declared closed pending receipt of a written right-of-way easement over Bight Road and pending deliberations. Application of BERTHA OKULA, 32345 Main Road, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two proposed parcels located at the north side of Main Road and the west side of Bight Road, Orient, NY; County Tax Map Parcel No. 1000-014-02-17. The board made the following findings and determination: By this application, applicant seeks to divide and change a lot line from the location shown on the June 5, 1962 plan made by Otto W. VanTuyl & Son. A one-acre parcel as shown on the 1962 plan submitted with this application was conveyed to the applicant herein about 1962, and the one-family dwelling which was conveyed also to the applicant was situated on 3/8ths of an acre, at which time one-quarter-acre zoning was in effect. This application proposes Lot #1 having an area of approximately 30,000 sq. ft. and Lot #2 having approximately the same area and which is improved with a one-family two-story frame house built prior to zoning and acces- sory garage-storage building. Lot #1 will have access over Bight Road, a 55' private road as shown on the Subdivision Map of "Petty's Bight" in excellent condition. Adjoining proposed Lot #2 on the west is a parcel of land similar in size. Adjoining Lot #1 on the north are lots of the Major Subdivision of Petty's Bight" which was approved by the Planning Board August 15, 1972. It is noted for the record that a written easement has been filed conveying a right-of-way over Bight Road for access to Lot #1; however, it is the feeling of this board that this easement be filed with the Office of the Suffolk County Clerk and that same shall permit access to Lot #1 for an indefinite period of time. In considering this appeal, the board determines: (1) that the practical difficulties have been shown and are sufficient to warrant the granting of the application as noted below; (2) that (CONTINUED ON PAGE TWO) DATED: Form ZB4 February 6, 1984. (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3187 Matter of BERTHA OKULA Decision Rendered January 25, 1984 the relief noted below is not substantial in relation to the requirements of the zoning code; (3) that the circumstances are unique; (4) that the relief as approved will be in harmony with and promote the general purposes of zoning of the protection and promotion of the public health, safety and welfare; (5) that the interests of justice would be served by approving the application as noted below. On motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that Appeal No. 3187, application of BERTHA OKULA for approval of insufficient area and width of premises located at the north side of Main Road, and the west side of Bight Road, Orient, NY, BE AND HEREBY IS APPROVED WITH THE FOLLOWING CONDITIONS: 1. That the right-of-way easement be recorded in the Suffolk County Clerk's Office and will continue to be legal access for Lot ~1 indefinitely; 2. That the parcels contain an area each of approximately 30,000 sq. ft., more or less; 3. That the final survey be filed with the Z.B.A. for review. Location of Property: North Side Main Road, Orient, NY; County Tax Map Parcel No. 1000-14-2-17. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Grigonis and Sawicki. (Member Goehringer abstained.) This resolution was adopted by majority vote. GERARD P. GOEHRINGER, C~AIRMAN February 6, 1984 Southold Town Board of Appeals MAIN RE}AD- STATE R{3AD 25 5E}IJTHE]LD, L.t., N.Y. 119'71 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGEASS JOSEPH II. ~SAWlC K~ NOTICE IS H~REBY GIVEN, pursuant to Section Law and the Provisions of the Amended Code of the TELEPHONE [516) 765-1809 267 of the Town 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, (West End Conference Room), Southold, New York, on WEDNESDAY, DECEFIBER 28, 1983, commencing at 7:30 p.m. and as follows: 7:30 p.m. Application for FPu%NK SIMON and GEORGE SALNBORN, 160 West 87th Street, New York, NY (by Irving L. ~Price, Jr., Esq.), for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage building in the frontyard area of this parcel known as 3955 Stars Road, East Marion, NY; County Tax Map Parcel No. 1000~022-02-039.1. 7:35 p.m. Application of MITCHELL M. WILCENSKI, Main Road, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32(A) for permission to construct accessory wind generator in excess of 18 feet in height at premises known as 2800 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-125- 3-6.1 and 7.1~ ~. 7:40 p.m. Application of BERTHA_OKULA, 32345 Main Road,~ Orient, NY for a Variance to the Zoning Ordinance,. Article III~/ _ Section 100-31, Bulk Schedule, for approval of insufficient arq and width of two proposed parcels located at the nort.h side of/ Main Road and the west side of Bight Road,~ Orient, NY, CountyI x Map Parcel No. 1000~014.-02.-17. ~ Those persons wishing to be heard regarding the above matters should appear at the time and place indicated above. For additional information, 765-1809 (1802). Dated: December 16, 1983. please contact Linde Kowalski at BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN ....................................................................... XXXX Copies of the Legal Notice of Hearings for the 12/28/83 ZBA meeting were mailed to the following on or about 12/16/83: Irving L. Price, Jr., Esq. for Frank Simon and George Sanborn Mr. Mitchell M. wilcenski Mrs. Bertha Okula L.I. Traveler-Watchman, Traveler Street, Southold, NY 11971 Suffolk Times, Inc., Main Street, Greenport, NY 11944 Posted on the Town Clerk Bulletin Board 12/16/83. Copies ~o: Building Department Individual ZBA files ZBA Bulletin Board ZBA Members FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL F/le No ............................... Date..~.~..~/~-~7~..t~d..~.r..~....~. P.., 19 ~..~'.. To '~-r~7'~. . O.~,~,~.-. .......... PLEASE TAKE NOTICE that your application dated ...~.~.~.'~.~....~...../..27.., 19. for pe~it ~o ~~,.~ ,~ .~~.: .............................. Location of Property..~ ~ .... ~d~..~ ................. ~1.~ House No. St~et Hamlet co.~ty ~ ~a~ ~o. ~000 S~t~o... d/~ ...... moo~ .. ~ ........ ~ot ~/Z ........ Subdivision ................. Filed Map No ....... 2: ....... Lot No .................. is returned herewith and dis.approved on the following grounds. ..~. ~./~. ?~.{.~FD. ~.~. .... .--~o~/~,~.. ~. ~7....~,...~fF.~,.~.~.... ~....~.~....~/~.x~.~. ~ v {_ ~ ~.~..,~....~.. ~. ~ ,~. ~.. ~,.~. ~.. ~?.,,~.. ~. ~5'~'~~ .., ~ /o~-J/'~'~q~"~"~'~-~"'~ ~/- RV 1/80 TOWN OF SOUTHOLD, NEW YORK' FROM DECISION OF BUILDING INSPECTOR TO-THE ZONI, NG BOARD O~ APPEALS, TOWNOF SOUTHOLD, N. l, ~ ..D..e.~f.~..~,~..Q~.~.%..a.. .......... o~ 32345 Main Ro.ad , Name of Appellant Street and Number ................. Q.r.~ri~. .......... ~. .................. :.t.N..e...~L;.Y.,.o.~..k' ...... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION Of THE, BUILDING INSPECTOR ON APPLICATION DATED: 9/20/83FOR: Permit to ;Divide Property WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) 0CxD Name of Applicant for permit of .... ............ ................. Street and Number Municipality PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO ~l~J~'~: Divide Property New Yo~k State ~ LOCATION OF THE PROPERTy ~..3..2...3..4.~...~...a..i...n....R...~..a...d.~..~..~..r..~.e..n...t.~.~]..~.. .......... ':..A..':....R...e..s. .... Street a~a Hsmlet Zone Cf).,... 1Q.Q.Q.r.0.!.~.~.Q2.-:.O..!.7. ..................................... OWNER (S): ,B,,~:~8~ ,Q~bt, l,~ ...... ; ..... iv%ap No. Lot No. 4~_~ULtre:ZJ j j ('~ ~ DATE PURCHASED: .~.'..; ....... 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Porograan of the Zoning Ordinance Dy number. Do not quote the Ordinance ) Article III , Section 100-31 Bulk Schedule 3 TYPE OF APPEAL Appeal is made herewith for A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access lState of New York Town Law Chap. 62 Cons.. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A ~revmus appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect ro 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 ts requested for the reason that we would like to divide proper~y for purpose of giving vacan~ lot ~o my daughter. the l~orm zBt (Con{inue on other side) REASON FOR APPEAL Continued 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sar~ HARDSHIP becau~ when my mother was selling off her proper~y To a developer and gave me additional land, she did so with the wish that it be kepn and used by me and subsequently by my children. At this time I would like to give a piece of my property to my daughter and her family and under the current zoning ordinance, it is impossible for me to fulfill my late mother's wish. It is for this reason that t am filing this appeal. 2 The hardshipcreated is UNIQUEand isnotshored by all pr~erti~ alike in the immediate vicinit, ofthis property and in ~isuse district because my acquisition of a piece of property from a large tract of land o~med by my mother was circumstance not shared by property o~ners in the immediate vicinity. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the surrounding lots are of similar size and the area will remain residential in character, STATEOF NEW_YORK ) ~~....~ 0~--~ ) ss I .................................. COUNTY ) Signature / / / // · b I~.A?ION tAW. COUNTY OF ' DEPARTMENT OF PLANNING (516) 360-5513 LEE: £. KOPPELMAN Town of Southold Board of Appeals May 24, 1984 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applicatious which have been referred to the Suffolk County Planning Co,m. tssion 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 Norman J. Murray Ralph & Mary Merrill Bertha Okula Robert A. Celic Dr. & Mrs. Saul Rosentreich Suffolk County National Bank John C. Diller Richard Jarzombek & Ramond Pluschau Mitchell M. Wilcenski North Fork Baptist Church Emily P. Ridgway Herbert R. Mandel Douglas Castoldi 3007 3169 3178 3181 3182 3185 3186 3188 3194 3197 3199 3202 3204 GGN :jk Very truly yours, Lee E. Koppelman Director of Planning by Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN RnAD- BTATE RnAD 25 5r'lUTHrlLD. L.I.. N.Y. 11~71 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 100-31,Bulk Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section ~ Special Permit Schedu~ Appeal No.: 3178 Applicant: BERTHA 0KULA Location of Affected Land: North Side Main Rd.& West Side Bight Rd., County Tax Map Item No.: 1000-014-02-17. Within 500 feet of: XX 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. .was j~ran~ed approval .of , COMMENTS: Applicant ~-~ ......... ~c~ .... insuff, area and width of two proposed parcels. Orient Copies of Town review. Dated: May 18, file and related documents enclosed herewith for your Temp. S~cret~ry, Board of Appeals HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. SLaY Southold, N.Y. 11971 TELEPHONE 765-1938 November 10, 1983 Ms. Bertha Okula 32345 Main Road Orient, New York 11957 Dear Ms. Okula: The following action was taken by the Southold Town Planning Board, Monday, November 7, 1983. RESOLVED that the Southold Town Planning Board deny the application of Bertha Okula to subdivide property into two lots as indicated on map dated September 19, 1983 due to insufficient area, 100-31. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary · cc: Zoning Board of Appeals/ / / / / 1 / $(~JiI~OLD ib~li f~l~l~lG 80ARD _. FEB 03 1984 DATE b 0 101'4 t Main Road Orient, New York 11957 January 24, 1984 Southold Town Board of Appeals Math Road Southold, New York 11971 Gentlemen: W~th regard to my recent appeal No. 3187, I would at this time like to express my willingness to divide my property into tWO lots of equal size, rather than the proposed d~vision on the initially submitted survey. Th~s0 perhaps, would be more acceptable to you in making your final decision. Thank you for your time. Sincerely yours, Bertha Okula APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H.$AWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 December 29, 1983 Mrs. Bertha Okula 32345 Main Road Orient, NY 11957 Re: Appeal No. 3178 Dear Mrs. Okula: This letter will confirm the telephone conversation today between your daughter, Mrs. Franke, and our secretary. Following the public hearing on your application last evening, the following action was taken: RESOLVED, that the applicant, Mrs. Bertha Okula, in Appeal No. 3178, be requested to obtain a letter or other written instrument from the owner/developer concerning permission being granted over Bight Road for access to proposed Lot #1 in the within application. Once you have received the above, please provide us with a copy in order that we may place this matter on the next available agenda for a decision. We must apoligize for asking for this information at this time; but it did not appear to be necessary in the early stages of your application and a few of the other board members feel it is imperative. Thank you for your cooperation. Yours very truly, GERARD P. GOEHRINGER LRMAN - / / inda Kow~i ski APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L..I., N.Y. 11c3'71 TELEPHONE (516) 765-1809 February 6, 1984 Mrs. Bertha Okula Main Road Orient, NY 11957 Re: Appeal No. 3178 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 Planning Board GERARD P. GOEHRINGER B~f L'inda F. Kowalski Secretary LEGAL NOTICE 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, (West End Conference Room ), Southold, New York, on WEDNESDAY, DECEMBER 28, 1983, commencing at 7:30 p.m. and as follows: 7:30 p.m. Application for FRANK SIMON and GEORGE SANBORN, 160 West 87th Street, New York,~/ NY (by Irving L. Price, Jr., Esq.), for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage building in the frontyard area of this parcel known as 3955 Stars Read, East Marion. NY; County Tax Map Parcel No. 1000-022-02-039.1. 7:35 p.m. Application of MITCHELL M. WILCENSKI, Main Road, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32(A) for permission to construct accessory wind generator in excess of 18 feet in height at premises known as 2800 Main Road, Laurel.~ NY; County Tax Map Parcel ~7. ~000'125-3-6.1 and 7.1. 7:40 p.m. Application ol~ BERTHA OKULA, 32345 Main Road, Orient, NY for ai ~Va.r.iance to. the Zoning~ orcunance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two propose~ parcels located at the nortl side of Main Road and th~ west side of Bight Road, Orient, NY; County Tax Map ?arce] No. 1000014-02-17. ~ I Those persons wi~l~'~'~ heard regarding the above matters should appear at the q time and place indicated] above. For additiona,~ information, please contac! Linde Kowalski at 765-1809 (1802). Dated: December 16, 19K3. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN 1TD~ STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) dayof JUDITH A CHIEN ofGreenport, in said County, being duly sworn, says that ha/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published et 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 f}n~ weeks successively, commencing on the_ 2 2 nd December 19 83 Principal Clerk ::: t to before me this 2 2 nd QUALIFIED'IN SUFFO[K58COUNTf ' NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town tBoard of Appeals at the Town ] Hall, Main Road, (West End ' Conference Room), Southold, New York, on WEDNESDAY, DECEMBER 28, 1983, eom- moating at 7:30 p.m. and as follows: 7:30 p.m. Application for FRANK SIMON and GEORGE SANBORN, 160 West 8_7th 'Street, N~w York, NY (by · Irving L. Price, Jr., Esq.), fora/ Variance to the Zoning Ordin- ance, Article Ill, Section 100- 32 for permission to construct accessory garage building inI the frontyard area of this parcel known as 3955 Stars ! Road, East Marion, NY; Coun-] ty Tax Map Parcel No. 1000- : 022-02-039.1. 7:3S p.m. Application of MITCHELL M. WILCENSKL Main Road, Laurel, NY for a Variance to the Zoning Or- dinance, Article I11, Section 100-32(A) for permission to construct accessory wind gen- erator in excess of 18 feet in height at premises known as 2800 Main Road, Laurel, Ny; County Tax Map Parcel No../ 1000-125-3-6.1 and 7.1. 7:40 p.m. Applicaton of BERTHA OKULA, 32345 Main Road, Orient, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100. 31 Bu...l~SA;hed~!o, for-approv, al of insufficient area and- width Of two proposed parcels located at the north side of Main Road and the west side of Bight Road, Orient, NY; County Tax Map Parcel No, 1000-014-02-17. Those persons wishing to b~ heard regarding the above matters should appear at the time and place indicated above. For additional infor-. motion, please contact Linda/ Kowalski at 76S-1809 (1802). Dated: December 16, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN 1T-12/22/83(32) COUNTY OF SUFFOLK 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 Count'/; 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 .................................... day of .......... .~... ~ .c..~..7.~ ................... ] 9...~ Swam to before me this .............. ..~'.-...~...~. day of ........... .......... , JUDITH T. TERRY TOWN CLIRK 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 October 13, 1983 To: Southold Town Board of Appeals From: Judith T. Terry~ Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3178 application of Bertha Okula for a variance. Also included is notificaton 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. Southold Town Clerk~' RECEIVED !0CT' 1 3 '~83 TOWN OF $OUTHOLD, NEW YORK 'f ..... e!~-,, e~I~AL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ], (~)..~.r.~ha...~k~l~ .................................. of ....3.~..3. f. LS...,*.i~..La..~.~ ..................................... Nome of Appella.nrt Street and Number ................. Q~j,.~I; ................................................................ .h.'.c~W...'~Q.~.].~ ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 9/20/83FOR: PormLt to Divide Property WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) KX) Name of Applicant for permit of ~dc ~,..~ D~-~,q OrLonr New York ................................... Municipality State Street and Number PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO ~Xj~ Dfvide Proper~y 1. LOCATION OF THE PROPERTY ...3.~.~(~.2.....x).~%..n,...[~.°.A.c!....O..r..t...q.n..t3.~.....N.~ ............. z.k, ....... .e.~6~ ..... Street and H~mlet ~.o.,... 1.0.0..0..-.0.1A.:.0.~.:.0.1.7 .................................... Mop No. Lot No. .a DATE PURCHASED: .............. 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 III , Section 100-3t Bulk Schedule TYPE OF APPEAL Appeal is mode herewith {or 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 no_t) been made with respect to this decision of the Building inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for o variance and was mode in Appeal No ................................. Dated ...................................................................... ( ) NX) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that we would like to divide property for tile purpose of i;tving vacan[ lot to my dauGhtcr. Foz~n ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because when my mother was selling off her property to a developer and gave me additional land, she did so with the wish that it be kept and used by me and subsequently by my children. At this time I would like to give a piece of my property to my daughter and her family and under the current zoning ordinance, it is impossible for me to fulfill my late mother's wish. It is for this reason that I am filing this appeal. 2. The hardshipcreatedis UNIQUE andisnot shared by all properties alike in the immediate vicinity of this property and in this use district because my acquisition of a piece of property from a large tract of land o~ed by my mother was circumstance not shared by property owners in the immediate vicinity. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the surroundin~ lots are of similar size and the area will remain residential in character. Sworn to this ................. ~.,~ ............ day of ............ Notary Public ~ ~LIZABE~'H RNN NEVILL~ NO1RRY PUBLIC, State a~ ~ew Yolk No, 52-812§850, Suffolk County Term Expires M.rch 30. 1~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board ~f Appeals of the Town of Southold TO: ~/ NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~_~V~arianc~ (Special Exception) (Special Permit) (Other) [circle cho±¢e] ). ? 2. That the property which is the subject of the Petition i,~located adiacent t,o your property and is des- cribed as follows: ~.~,~/~ /L,'/~.//,] ~'D(2. d ~j~-/,~/l~/, /t~ ~/ :3. That the property which is the sub'ect of s h Pet'tion i located in the following zoning district: relief: 4. That by such Petition, the undersigned will request the following c,v:' W,d'i- at d area-- 5. That the provisions of the Southold Town Zoning (~ode applic,al~le to tJ~e relief sought by tl~e under- signedare Article -'~' :~-:~tion /~10' ,3/ /~t.,L~J~ ~L_~t~c-C~.~ 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 may then and there examine the same during regular office hours. (5'16) 765-'1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Post Office Address PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS P 231 54j0 067 RECEIPT FOR OLERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) · :I STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~C*r 7~,¢.C L~k-..c~.4d'~ , residing at ,~._,~,C~' ~ ~1 '~. ~)l ~q/ / /V~ fl~- ~ ,beingdulysworn, depos~andsaysthatonthe //~day of (~d~: &¥~1~ , 19 ~ ~ , deponent mailed a true copy of the Notice ~t forth o~ ~ re- verse side hereof, directed to each of the above-named persons at the addresses set opposite thor respective names; that the addresses set opposite the names of said persons are the addrmses of said persons as shown on the current assmsment roll o[the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~ c~ ~1 ~/~f,'o~') /%~ ~ ; that said Notices were mailed to each of said persons by (certified) (r~) mail. " Sworn to,b4~f_ore~ me. this /~ _--~ day ~ ('~)~;~:~Z~./~ , 19~ -- ¢ Notar~;lic ~I~8~H ANN N~ILLJ ~ PUBLIC, State of New ~. 52-8125850, 5ull01~ ~ [xcres March SHORT ENVIRO,~P,~NTAL ASSESSMENT FO~M INSTRUCT!O~iS: (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 ex~ected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed EnviroNmental Assessment Form is necessa~/. (c) If all questions have been answered No it is likely thmt this project is not significant. (d) Enviror~entat Assessment 1. 2e 3. g. 5. 6. 7. 8. 10. 11. Will project result in a large physical chmnge to the project site or physically alter more than l0 acres of land? · · · · · · . Will there be a mmJor change to any unique or unusual land form found on the site? Will project alter or bmve a large effect on an existing body of water? ..... Will ~roJect have a potentially large impact on grouncwater quality? . . . . . . . Will project significantly effect drainage flow on adjacent sites? · · · . · · · Will project affect any threatened or endangered plant or anLrml species? . . . . . . Will project result in a major adverse effect on air quality? . . . . . . . Will project have a major effect on visual char- acter of the com~munit7 or scenic views or vistas known to be important to the community? . . . Will project adversely impact any site or struct- ure of historic, pre-~istoric~ 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~ no~se, glare, vibration, or electrical disturb- ance as a result of the project's operation? · Will project have an}' impact on public health or sa£ety'? Will project &ffect the existing community by directly causing a ~rcwth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the character of the COm.~u~lty or nel~h~orhocd~~ 15. PREPLRER' S REPRESENTING: Yes ~ No Yea ~ No Yes X' No Yes ~ No Yes ~ No Yes ~ No Yes ~ No Yes /k No Yes /~ No Yes ~< No __ Yes ./~ No Yes .)~, No Yes ~ No Yes ,~ No Is there public controversy concerning the project? Yes . . (Today's Da~e) To: Re: Southo!d Town Board of Appeals Main Road Southo!d, NY 11971 Auuea! Application of -- Location Of Property: 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 Stane Environmental Conservation Law, please be advised that the subjecn property io the within appeal appiicaticn: (please check one box) [ ] May be located within 300 fee% of tidal wetlands; however, constructed along the water-lying edge of this prcperny is a bulkhead in very good condition and at least 100 feet in length.* [ ] May 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 lenguh. [ ] 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 '~' ' 300 feet of tidal wetlands, and t~w~. .... is nc bulkhead or con~_~e~=~ wall existing on the premises. Is not loc~d~ 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, (~-~ a .... please) NOTE: If proposed project falls witx~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. THiS INDENTURE made th~ ~day of January, 1984, between IRVING NE~ and GEORGE NE~, residing at 137-55 75th Road, Flushing, New York 11367 (herein called the "First Parties") and BERTHA OKULA, residing at (No #) Main Road, Orient, New York 11957 (hereinafter called the "Second Party"), WITNE SSETH : D~$¥. WHEREAS, the First Parties represent and warrant that they i~0~_~e the owners in fee simple of all that road or highway (hereinafter SEC; called "the said premises"), situate, lying and being at Orient, ~, Town of Southold, County of Suffolk and State of New York, known ~LC~ , i~ a~ Bight Road as shown on "Map of Perry's Bight at Orient, Town tOl(O)of Southold, County of Suffolk and State of New York", filed in ~e office of the Clerk of the County of Suffolk on January 26, 1973 as map #5859; and WHEREAS, the First Parties represent and warrant that they have constructed and maintained, and still maintain, a private paved road, known as Bight Road, which begins on the northerly side of "Main State Road" and runs in the northerly direction along the easterly side of property owned by the Second Party; and WHEREAS, the Second Party represents and warrants that she is the owner in fee simple of all that certain plot, piece or parcel of land immediately adjoining the said private road known as Bight Road of the First Parties on the westerly side thereof; and WHEREAS, the Second Party desires to acquire from the First Parties, and the First Parties are willing to grant to the Second Party, a right-of-way over the said private road known as Bight Road of the First Parties, all as hereinafter more particularly provided; NOW, THEREFORE, it is mutually agreed as follows: 1. That the First Parties, in consideration of One ($1.00) Dollar and other valuable consideration paid by the Second Party, do hereby give and grant to the Second Party and to her heirs and assigns as an appurtenance to the Second Party's premises hereinafter described on Schedule A, the full and free right in common with the First Parties and the heirs and assigns of the First Parties, at all times hereafter to enter upon the said private road known as Bight Road on foot or by vehicle from the Main State Road to or from any part or parts of the said premises of the Second Party and to pass and repass over the same. IN WITNESS WHEREOF, the parties hereto and hereunto set their hands and seals the day and year first above written. iR~N~--~G NE2~ GEORGE ~EWMAN BERTHA OKULA STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) On the ~ day of January, 1984, before me personally came IRVING NEWMAN and GEORGE NEWltAN, to me known and known to me to be the individuals described in and who executed the foregoing instrument and duly acknowledged to me that they executed the same. SHEPARD M. $CHEINJ~ERG NOTARY PUBUC, ~tate of New Yo;k No. 6~-3486776, Suffolk County,. ~ Commission Expire~ March 30, 19-~ STATE OF NEW YORK) ) COUNTY OF SUFFOLK) SS.: On the ~ day of January, 1984, before me personally came BERTHA OKULA, to me known and known to me to be the individual described in and who executed the foregoing instrument and duly acknowledged to me that she executed the same. N~L ary Public EL~BETH ANN NEVILL£ NOTARY PUBLIC, Sta~e of New York fie. 52-8125850, Seffolk ~ Term Expires March ~0~ 19_~7 SCHEDULE A Premises Owned by Bertha Okuta Ail that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York and more particularly bounded and described as follows: BEGINNING at a point located on the northerly side of Main State Road where same intersects with the westerly side of a private road known as Bight Road as shown on "Map of Petty's Bight at Orient, Town of Southold, County of Suffolk and State of New York" filed in the office of the Clerk of the County of Suffolk on January 26, 1973 as Map #5859, and running from said point of beginning North 76° 06' 30" West 179.10 feet along the northerly side of Main State Road to a monument. THENCE North 4° 37' 40" West 116.99 feet along land now or formerly of Moisa to a monument. THENCE North 14° 14' 00" West 150 feet through a monument still along lands now or formerly of Moisa and Przepiora. THENCE North 89° 36' 10" East 238.87 feet along the southerly line of Lot 17, "Map of Petty's Bight". THENCE the following two courses and distances along the Westerly side of Bight Road: 1. South 0° 23' 50" East 125.95 feet 2. South 6° 10' 00" West 181.74 feet to beginning. the point of place of ISLAND wE,,,. [ [ 0 COUNTY OF SUFFOL °~ J~°~ '~ .......... i · Real PropertYco~,~,,¥Taxc~.,~Ser.vice ,