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Home My WebLink About3168 Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 2,5 c:OUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3168 Application Dated August 26, 1983 (Public Hearing held 9/29/83) TO: Mr. Garrett A. Strang, as agent for [Appellant(s)] MS. JACQUELINE PENNEY P.O. Box 1412, Main Road Southold, NY 11971 At a Meeting of the Zoning Board of Appeals held on September 29, 1983 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 [X] Request for Variance to the Zoning Ordinance Article VII, Section 100-71 [ ] Request for The public hearing on this matter was also held on September 29, 1983. Upon application for JACQUELINE PENNEY, By Garrett A. Strang, Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71, for permission to construct addition with reduction in sideyard setback, at premises zoned "B-1 General Business" and identified as 270 North Street, Cutchogue, NY; County Tax Map Parcel No. 1000-102-5-18. The board made the following findings and determination: By this appeal, applicant seeks to construct a 24' by 27' addition at the rear of the existing one-story and one-and-one-half story framed residence with art studio, leaving an insufficient sideyard setback from the northerly side property line at 6.5 feet at its nearest point and approximately 12 feet at its farther point. The addition is proposed for garage and storage use only and will be a framed, two-story structure. The premises in question is located in the "B-1 General Business" District and contains an area of approximately 8,394 square feet with 100' frontage along the east side of North Street. Although the premises is zoned "B-1 General Business," it is noted for the record that the total lot coverage with the new addition will be 2,390 square feet, or 28.47% and the present use of the premises is as a residence with an art studio and gallery. It is also noted for the record that conditional approval has been given by the Southold Town Planning Board concerning the site plan at a meeting held September 12, 1983. In considering this appeal, the board determines: (1) that the variance request is not substantial; (2) that no detrimental effect to adjoining properties will be created; (3) that no adverse effects will be produced on available governmental facilities of any increased population; (4) that the circumstances are unique; (5) that the relief requested will be in harmony with and promote the general purposes of zoning, and (6) that the interests of justice will be served by allowing the variance, as indicated below. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that Appeal No. 3168, application for JACQUELINE PENNEY for permission to construct 24' by 27' addition for garage and storage use, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITION: (CONTINUED ON PAGE TWO) DATED: October 5, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3168 Matter of JACQUELINE PENNEY Decision Rendered September 29, 1983 That the addition be used only for storage and garage purposes as requested (not for living quarters). Location of Property: 270 North Street, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-018. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. ~/~ERARD P. GOA~qRINGER~CHAIRMAN ~ October 5, 1983 ~/ RECEIVED AND FILED BY ~IE SOUTHOLD TOWN C~aK DATEf~)/~'/~ HOUR ~'.'L~,~./;;. /t. PPEA LS BOARD MEMBERS GERARD ?. GOEHRINGER CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. ROBERT J. DQUGLAS$ JOSEPH H. SAWICKI MAIN Rr3AD-STATE ROAD c:t"IUI'HE}LD, l.l., N.Y. 11~71 TELEPHONE (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southol~, a Regular Meeting and the following public hearings will be held by the Southold Town Zoning Board o~n Hall, Main NY on THURSDAY,~E~P---PTEMBER 29, 19~83~mmencing at Road, Southold, 7:30 o!clock p.m. and as follows: 7:30 p.m. Application of HIRAM F. MOODY, JR., Oceanic Avenue, F~shers Island, NY 06390, for a Variance to the Zoning Ordinance, for an interpretation~of Article III, Section 100-30(A) [2] (b) & (c) to allow the construction of a horse barn on vacant land containing less than t0 'acres. Location of Property: Private Road, East End of Fishers Island; County Tax Map No. 1000-10-6-1.7. - 7:35 p.m. Application for KATHERINE HEINS, by Frederick J. Tedeschi, Esq., Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-31, Bulk Schedule, for permission to re-separate two parcels havin~ insuffi- cieDt area and/or width, located at the~north side of Main Road, Orient, NY; more particularly identified as County Tax Map Parcel Nos. 1000-19-2-5 & 6. 7:40 p.m. Application for EDWIN W. STEWART, 8403 ~arish Lane, Indianapolis, Indiana, for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 1.00-34, for permission to construct addition to dwelling reducing rearyard setback, at 20 Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-2. ~ 7:45 p.m. Application for JACQUELINE PENNEY, by G~rrett A.7 ~Strang, Main Road, Southold, NY for a Variance to the Zoning Ordi-( )nance, Article VII, Section 100-71 for permission to'construct addition with reduction in sideyard setback, at premises, zoned "B-t~ General Business" and identified as 270 North Street, Cuitchogue, NY;~ ounty Tax Map Parcel No. 1000-102-5-18. 7:50 p.m. Application of EWALD M. KARBINER, 39 Edgewood Drive, New Hyde Park, NY 11040 for a Variance to the Zoning Ordinance, Page 2 Legal Notice of Hearings & Regular Meeting Southold Town Zoning Board of Appeals Article III, Section 100-31 for permission to dwelling with an insufficient frontyard Path, Southold, NY; County Tax Map Parcel to construct addition setback, at 155 Sunset No. 1000-54-4-33. 7:55 p.m. Application of ROBERT J. DOUGLASS, Willow Terrace, Orient, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-115 for screening around the periphery of the existing junkyard area, at premises located at Willow Terrace Farms, con- talning approximately nine acres and more particularly identified as County Tax Map Parcels No. 1000-26-2-39.9, 39.6, 39.5, at Orient, NY. For additional information concerning the above matters, please contact Linda Kowalski, Secretary, Zoning Board of Appeals, at 765-1809 (or 1802). Dated: September 13, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN Instructions to newspapers: Please publish once, to wit: Thursday, ~eptember 22, 1983, and forward one affidavit of publication to: Secretary, Z.B.A., Main Road, Southold, NY 11971; tel. 765-1809, by 9/27. Copies to the following on Mr. Hiram F. Moody, Jr. Mrs. Katherine Heins Frederick J. Tedeschi, Esq. Mr. and Mrs. Edwin W. Stewart Mr. Garrett A. Strang, for Ms. Mr. Ewald M. Karbiner or about September 20th: Jacqueline Penney Mr. Robert J. Douglass John J. Munzel, Esq. ZBA Members Town Board Members Supervisor Town Attorney Mr. V. Lessard (Building Dept.) Town Clerk Bulletin Board ~ORM NO. 3 TOWN OF SOUTHOLD TOm C ~.~ERK S OFFICE SOUT:HOLD, N.Y. '~NOTICE OF DISAPPROVAL File No ................................ for permit to constract.. ~7~7,~7../.t?,~. ............................... ; ............ at County Tax Map No. 1000 Section ... g~.t~..~. ..... Block .... (~..~.7. .... Lot . ~ ./~ ...... Subdivision ........ ~ ........ Filed Map No ...... :"..SZ. ...... Lot No .................. is returned herewith and disapproved on the following grounds..~g~gtf.~$7.~.. ~..~..ff./.~f...~....'. Building Inspector RVI~O 1'~11 ~ ~AL FROM DECISION OF BUILDING INSPECTOR APPEAL N0. DATE ....... TO ~E ZONING BOARD ~ AP~EA~, TOWN OF ~TH~D, N. Y. 1, ~) .. m.~..~.~...~.~.~.~.~ ....... of .................. ~Z~,,. ~ ......................... Na~ of Ap~t~la~t 5~r~t a~ .......... ............................................................ MunicipaJi~ THE ZONING BOAR~D OF A, PPEALS FROM THE DECISION OF ~ BU~J-D~ING INSP~0R ON /J APPLICATION FOR PERMIT NO ..................................... DATE~ ....~..~.~:-:-.~..,~-,~..;L...~..,~.....~. ..... WHEREBY THE BUILDING INSPECTOR DENIED TO Name o{ Applicont for permit of ............. Street and Number Muni~ipalib, () PERMIT TO USE ( ) PERM IT FOR OGCUPANCY I. LOCATION OF THE PROPERTY ....~...?...?.. ....... Street Use District on Zoning Map lv~op No. Lot No, 2. PROVISION (S) OF THE ZONING ORDINANCE APP~,LED .(indicate the A~ticle Section, Sub- section and Paragraph of the Zo~ning Ordinance by number. Do not qu~)te tt~ Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ( ~"~A vARIANcE to the Zoning O'rdinance or Zoning Map ( ) A VARIANCE due to lack of access ~State of New Yo~k Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A DTevious appeal (-J~J~) (has nor) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppea/ was ( ) request for a special permit ( ) request far a variance and was made in Appeal No ................................. Dated REASON FOR APPEAL L ) A Variance to Section 280A Subsection 3 (~ A Variance to ['he Zoning Ordinance ( ) is requested for the reason that (C~ntin~e on other side) Continued REASON FOR APPEAL 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sor~ HARDSHIP because 2. The hordshiD created is UNIQUE and is not shared by oll properties alike in the immediate vicin[t, of this property and in this use district because 3 The /ariance wcJId observe the spirit of the Ordincmce and WOULD NOT CHANGE THE CHARACTER OF THE DiSTRiCT because STATE OF NEW YORK cOUNTY SS Signature NO, 52-81258§(}, Suffolk Cou~ Term Expires Ma~ch 30, 3,9~- APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. IqOBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals fVlAIN REIAD- STATE ROAD "mE~ SRUTH[3LD, L.I., N.Y. 11c:j'71 TELEPHONE (5'~6) 765-i809 April 18, 1984 Ms. Jacqueline Penney North Street Cutchogue, NY 11935 Re: Appeal No. 3168 Your Letter of March 20, 1984 Dear Ms. Penney: After consulting with our town attorney concerning your request in the above matter, we are advised that the board is without authority to amend its previous decisions and conditions without a formal application and rehearing. We apologize for not being able to assist you in this manner. Yours very truly, GER^RD P. ~0E.RIN~[~''~' CHAIRMAN lk cc: Mr. Victor Lessard ART GALL[RY STUDIO NORTH STRE5" _,UI N,Y, 11935 (516) 734-5426 March 20, 1984 Mr. Gerard P. Goehringer, Chairman ~, ~"~'~'~ Southold Town Board of Appeals - Main Road ~ ~'~ ~' Ref: Appeal No. 3168 Application Dated Au~st 26, 1983 (~b. Hearing 9/29/83) Dear Mr. Goehringer, On October 5, 1983, the Zoning Board of Appea~m ~animously adopted a reso'~tion granting me a variance to build a 24 27' two story fr~e addition to my existing fr~ed residence with art studio and gallery. The addition was proposed for garage and storage on the north side. Since my original application of iu~st 26, 1983, I have decided, very happily, to marry. There is currently adequate living quarters for one person or a couple, but ~fort~ately no room for my mother or family to visit. I have been informed there is no permissable way to add a room a nd bath to the south, east or west side of the house. I would like permission to include a room and bath on the second sto~y of the struct~e approved by your board on 1~/5/83. This would be used only for my personal use and I would be ha ppy to sign a statement to that effect. Sincerely, . ~ ~~ COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 Board LEE: E:, KOPP£LMAN October 14, 1983 Town of Southold Board of Appeals 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. 6pplicant Municipal File Number Edwin W. Stewart Hiram F. Moody, Jr. ueline Penney d M. Karb±ner 3159 3166/ 3171 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning ! Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN I~OAD- STATE I~EiAD 25 SOUTHOLD, l.l., N.Y. llC)?l 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 VII , Section 100-71 __ Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section Special Permit Appeal No.: 3168 Applicant: Location of Affected Land: 270 North Street, County Tax Map Item No.: 1000-102-5-18 Within 500 feet of: __ Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Owned Land ~ Boundary of Existing or Proposed County, or Other Recreation Area JACQUELINE PENNEY Cutchogue Thruway S.R. 25 State or Federally- State or Federal Park -- 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 ~~~x~o was granted conditional approval for addition for storage with reduction in sideyard setback. CoPies of determination and minutes are enclosed for your record. Copies of Town file and related documents enclosed herewith for your review. Dated: October 12, 1983. Secretary, Board of Appeals 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- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 October 5, 1983 Mr. Garrett A. Strang P.O. Box 1412, Main Road Southold, NY 11971 Re: Appeal No. 3168 - Jacqueline Penney 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 CHAIRMAN By Linda F. Kowalski Secretary Southold Town Board of Appeals MAIN ROAD- ~TATE RnAD ~'S SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3168 Application Dated August 26, 1983 (Public Hearing held TO: Mr. Garrett A. Strang, as agent for MS. JACQUELINE PENNEY P.O. Box 1412, Main Road Southold, NY 11971 9/29/83) [Appellant(s)] [ ] IX ] [ ] Request for At a Meeting of the Zoning Board of Appeals held on September 29, 1983 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Prop~_~t~ New York Town Law, Section 280-a Request for Special Exception under the Zoning Ord~ce Article , Section Request for Variance to the Zoning Ordinance Article VII, Section 100-71 The public hearing on this matter was also held on September 29, Upon application for JACQUELINE PENNEY, By Garrett A. Strang, Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article VII,~ Section 100-71, for permission to construct addition with reduction in ~/ sideyard setback, at premises zoned "B-1 General Business" and identifie~/ as 270 North Street, Cutchogue, NY; County Tax Map Parcel No. 1000-102-5c18. The board made the following findings and determination: By this appeal, applicant seeks to construct a 24' by 27' addition at the rear of the existing one-story and one-and-one-half story framed residence with art studio, leaving an insufficient sideyard setback from the northerly side property line at 6.5 feet at its nearest point and approximately 12 feet at its farther point. The addition is proposed for garage and storage use only and will be a framed, two-story structure. The premises in question is located in the "B-1 General Business" District and contains an area of approximately 8,394 square feet with 100' frontage along the east side of North Street. Although the premises is zoned "B-1 General Business," it is noted for the record that the total lot coverage with the new addition will be 2,390 square feet, or 28.47% and the present use of the premises is as a residence with an art studio and gallery. It is also noted for the record that conditional approval has been given by the Southold Town Planning Board concerning the site plan at a meeting held September 12, 1983. In considering this appeal, the board determines: (1) that the variance request is not substantial; (2) that no detrimental effect to adjoining properties will be created; (3) that no adverse effects will be produced on available governmental facilities of any increased population; (4) that the circumstances are unique; (5) that the relief requested will be in harmony with and promote the general purposes of zoning, and (6) that the interests of justice will be served by allowing the variance, as indicated below. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that Appeal No. 3168, application for JACQUELINE PENNEY for permission to construct 24' by 27' addition for garage and storage use, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITION: (CONTINUED ON PAGE TWO) DATED: October 5, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (re~? 12/81) ,Page 2 - Appeal No. 3168 Matter of JACQUELINE PENNEY Decision Rendered September 29, 1983 That the addition be used only for storage and garage purposes as requested (not for living quarters). Location of Property: 270 North Street, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-018. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. GERARD P. GOEHRINGER, CHAIRMAN October 5, 1983 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSK[, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 September 14, 1983 Mr. Victor Lessard Building Administrator Southold Town Hall Southold, New York 11971 Re: Penny Art Gallery & Studio Site Plan Dear Mr. Lessard: The following action was taken by the Southold Town Planning Board, Monday, September 12, 1983. RESOLVED that the Southold Town Planning Board approve the site plan to be known as "Penny Art Gallery & Studio", located at Cutchogue, subject to the following conditions: (1) Certification from the Building Inspector's Office. (2) An on site field inspection by the Planning Board prior to the issuance of a certificate of occupancy. (3) A one year review. (4) Approval from the Zoning Board of Appeals. As discussed at this meeting, Mr. Garrett Strang, Architect, will indicate an amendment on the site plan to reflect "Penny Art Gallery & Studio"~ the three copies attached re- fer to "Penny Residence". Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Attch. By Susan E. Long, Secretary cc: Garrett Strang Zoninq Board of Appeals~'~ JUDITII T TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ']?own Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 August 26, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry,Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3168 application of Jacqueline Penney 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 Dapartment; and survey. Judith T. Terry Southold Town Clerk LEGAL NOT~CK~ i~ NOTICE IS GIVEN, pursuaat to Sectian 267 of the Town ~Aw ~ the Provisions of the Amended Code of U~ Tow~ of ~mtJ~ld, a Regular Meeting and the followin~ public ~ be held by the Son~d Town 7~oniog Board of Appeal~ at the Town Hall, Main Road, Southold, NY on THUIL~DAY, SEPTEMBER 29, commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Application of HIRAM F. MOODY, Oceanic Avenue, Flahets Island, NY 0~390, for Variance to the g~ming. Ordinance, for an interpretation of Article I11, Section 100-30(A)i2](h) & (c) to allow the eonstroction of a horse barn on vacant land con- taining less than 10 acres. Location of Property: Pri- vate Road, Kast End of Fishers Island; County Tax Map No. 1000-10-~-1.7. 7:35 p.m. Application for KATHERINE HEINS, by Frederick J. Tedesehl, Esq., Front Street, Greenport, NY for a Variaoce to the Zoning Ordinance Article III, See- tions 100-3~ and 100-31, Bulk Schedule, for permission to re- separate two parcels having insufficient at-es and/o~. width, located at the north -~ide of Main Road, Orient, NY; more particularly identified as County Tax Map Parcel No~. 1000-19-3-5 & 6. 7:40 p.m. Application for EDWIN W. STEWART. 8403 Parish Lane, Indianapolis, Indiana, for a Variance to the Zomng Ordinance, Arti=le Ill,. Sections 100-31 and 100-34, for permission to eonstruct.~ additien to dwelling redueiag rearyard setback, at 2O Carole Road, Southold, NY; County Tax Map Parcel No. 1000-$2-2- UP.m. Application for~N ELINE PENNEY, by Garrett A. Strang, Main Road, Southold, NY for a Varmnce to the Zoning Ordinance, Article VII, Section 100-71 for permission to eenatruet addition with reduction in sideyard setback, at premise~ zoned "B-I General Businaas' and identified as 270 North Street, Cutchogue, NY; County Tax Map Paeeel No. 1000-102-5-18. "~ ,,, 7:50 p.m. Application EWALD M. KARBINER, 39 Edgewood Drive, New Hyde Park, NY 11040 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to con~truet addi- tion to dwelling with an imuf- ~icient frontyard setback, at 155 Sunset Path, Southold, NY; County Tax Map Parcel No. 1000-54-4-33. ?:5~ p.m. Application of ROIH~RT J. DOUGLA~q. Wil- low Terrace, Orient, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-115 for sereening around the periphery of the existing junkyard area, at premises located at Willow Terraeo.q Farms, containin~ aPprox- imately nine acr~ and more particularly identified as County Tax Map parcels No. ~000-2~-2-~9.9, ~.~, ~9.5, at Eot additional conc~ ,,in~ the abova m~tt~, please contact Lthda Kowalski, Secretary, goning Board of Appeals, at 7~-1809 (or Dated: ~ 13,1~3. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOgHRINGER NOTARY PUBLIC, SLATE OF NLDN YORK NO 52-4505858 OH~) IF!ED IN SU~,FOLK COUN]¥ ~'F)t,'~!?'?N [~PIREo MARCH 30, STATE OFNEWYORK ) ) SS: COUNTY OF SUFFOLK ) Joan ~. Gustavson 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 '1 weeks successively, commencing on the~_~.R,d _ dayof September' 19~_~ Principal Clerk 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 Zoning Board of Appeals at the Town Hall. Main Road, Southold, N.Y. on THURS- DAY, SEPTEMBER 29, 1983 commencing at 7:30 'o'clock p.m. and as follows: 7:30 p.m. Application of HIRAM F. MOODY, JR., Oceanic Avenue, Fishers Is- land, N.Y. 06390, for a Var- iance to the Zoning Ordinance, for an interpretation of Article' III, Section 100-30(A)[2] (b) & (c) to allow the construction of a horse barn on vacant land containing less than 10 acres. Location of Property: Private Road, East End of Fishers Island; County Tax Map No. 1000-10-6-1.7. 7:35 p.m. Application for KATHERINE HEINS, by Frederick J. Tedeschi, Esq., Front Street, Greenport, N.Y. .for a Variance to the Zoning Ordinance, Article Ill, Sec- tions 100-30 and 100-31, Bulk Schedule, for permission to re- separate two parcels having insufficient area and/or width, located at the north side of Main Road. Orient, N.y.; more particularly identified as County Tax Map Parcel Nos. 1000-19-2.5 & 6. 7:40 p.m. Application for EDWIN W. STEWART, 8403 Parish Lane, Indianapolis, In- diana, for a Variance to the Zoning Ordinance, Article lII, Sections 100-31 and 100-34, for permission to construct addi- tion to dwelling reducing rear- yard setback, at 20 Carole Road, Southold, N.Y.; County Tax Map Parcel No. 1000-52- ' ' 7:45 p.m. Application for JACQUEL1NE PENNEY, by Garrett A. Strong, Main Road, Southold, N.Y. for a Variance to the Zoning Ordinance, Article Vll, Section 100-71 for permission to construct addi- tion with reduction in sideyard setback, at premises zoned "B.I General Business" and ideniified as 270 North Street, Cutchogue, N.Y.; Comty Tax Map P,~¥cel No. 1000-102-5- 18. 7:50 p.m. Application of EWALD M. KARB1NER. 39 Edgewood Drive, New Hyde Park, N.Y. 11040 for & Var- iance to the Zoning Ordinance, Article IlL Section 100-31 for permission to construct addi- tion to dwelling with an insuf- ficient frontyard setback, at 155 Sunset Path, Southold, N.Y.; County Tax Map Parcel No. 1000-54-4-33. 7:55 p.m. Application of ROBERT J. DOUGLASS, Wil- low Terrace, Orient, N.Y. for a Variance to the Zoning Ordin- ance, Article Xl, Section 100- 115 for screening around the periphery of'the existing junk- yard area, at premises located at Willow Terrace Farms, containing approximately nine acres and more particularly identified as County Tax Map Parcels No. 1000-26-2-39.9, 39.6, 39.5, at Orient, N.Y. For additional information STATE OF NEVff 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 Sworn to before me this ~z~ day of ...... ............ , RECEIVED AUG 2 8 ]~$~J TOWN OF SOUTHOLD, NiW T0w~ Clerk 8aejI~[EAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, (Wi) /s~ ..~:.A~ ,/~. 5 -t-~,<z,,~,~ ,.,f ~.~..z~ .... ..~....~T.. ......................... Name of Appellant Street and Number .......... .~.4Z.Z:~..~.'c'O ..................................................................... * * ~' ~../.......HEREBY'~ APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON /3 APPLICATION FOR PERMIT NO DATED .~...~..~..~..:...~...~..~..J...~.?. ..... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of .... .(-/...... z.: .......... ......... Street and Number Municipality ...............~'"' ........... ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ~.? ~ ~/~r~ -~ ~'~r¢~ ~- / ~i:'~.~e,~-~- LT~,,.,,~; Street Use District on Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragrop~h of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (//A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New Yank Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) been mode 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 o variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (/A Variance to the Zoning Ordinance ( ) is requested for the reason that l~orm ~1 (Continue on other side) REASON FOR APPEAL 5~ ,' Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw HARDSHIP becaUse 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this propertY.and in this use district because 3 The Variance would observe the spirit of the Ordinance:and WOULD NOT CHANGE THE CHARACTER OF THE, DISTRICT because STATE OF NEW YORK ) ) ss co ,.,TY Ik ) SignatUre tory Public ~ ELIZABETH kiln I'IEVILLE ~OT/~RY pUBLIC, State of New ym*k No. 52.8125850, Suffolk County Term Expires March 30, 19~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : to the Board of Appeals of the To .w.n of Southold : to request a (Variance) (~l~,s~aq~j~j~ (~) (eJ~l~l~t~ 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 2. That the property which is the subject of the Petition is located adiacent to your property and is deb cribed as follows: ~. ~C> /,~ o.~ -r~d '~ 7-~ ~,~ T--, ~'r¢ ~,~ ~,~,, /~, ~ ~j_ 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed ate A~t.~le ~ Septics. / ~D -- 7 / 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. (5'16) 765-].809. 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 Southo!d 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 ~T-~,c~., .,.~, ~ //~/ NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS U.S. POSTAL SERVICE C E R T ~F~'~I~ L~:R ~c~,, L, N G ~'"F"~'~RRETT A. STRANG ~ ~ainRoad, Box 1412 ,o5o~th61d, New York 11971 A 8E USED FOR DOMESTIC AND~TERNATIO~AL MAIL, DOES NOT PROVIDE FOR INSURANCE PS FORM MAY 1976 3817 ~ U.S, GOVERNMENT PRINTING OFFICE: 1979-752-52q STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: of .,~,~'~.~,~ ,19 ~' ~ , reSiding at , being duly sworn, deposes and says that on the Z r~ day .. , 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 al ~ ~ '~/'/~ ~- '~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to,be~,fore me ~h~s ~ Notary Public ELIZABETH ANN NEVILLE ~J~IY PUBLIC, State of New YoI~ No. 52-8125850, Suffolk C~.eu~/~Z ~errn F.x~Jr~ March 30, ~. q~ 0 SHORT ENVIRON%~NTAL ASSESSMENT FOP~ INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will usa currently available inforr~ation concerninE the project and the likely impacts of the action. It is not expected that additional studies~ rseearch or other investigations will be undertaken.' (b) If any question has been answered Yes the project may be si~ificant and a completed Environmental Assessment Form is necessa~/. (c) If all questions have been answered No it is likely that this project is no._~% significant. (d) Enviror~ental Assessment 1. Will project result in a lares physical change to the project site or physically alter more than 10 acres of land? . ..... ' II Yes ~ No 2. Will there be a major change to any unique or unusual land form found on the site? Yes ~ No 3. Will project alter or have a large effect on an existing body of water? . . . . . ., Yes ~ No 4. Will project have a potentially large impact on gro,~ndwmter quality? ' · · · · · · Yes ~ No 5. Will project significantly effect drainage flow 6. Will project affect any threatened or endangered plant or animal species? . . . . . ·., Yes ~ No 7. Will project result in a major adverse effect on 8. Will project have a major effect on visual chaD- actor of the co~munity or scenic views or vistas known to be important to the community? · · · Yes ~ No 9, 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? · · · Yes ..~ No 10. Will project have a major effect on existing or future recreational opportunities~ · · · Yes ~ No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? · · · · · · · · · · · · YesII ~ NO 12. Will project regularly cause Objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . Yes __~ No 13. Will project have any impact on public health or safety? ...... o ..o · · Yes ~ No 14. Will project Affect the existing community by directly causing a ~rowth in eermanent popula- tion of more than 5 percen~ o~er a one-year period o__r have a major negative effect on the character of =he com. munity cr neighborhood?. , Yes ~No 1~. Is there public controversy co~cernlng the pro~ect? Yes ~.~ No (Today's Date) To: $outhold Town Board of Appeals '. k~ain Road Southold, NY 11971 Re: Appeal 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 State Environmental Conservation Law, please be advised that the subject property iQ the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetiands; hc~ever, 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 %¢ithin 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (m-~.o_) (major) repairs, and approximately feet in length. [ ! [ ] - k~ay be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing 'on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.s. D.E.C.] Sincerely yours, (Signature please) NOTE: If proposed project falls wit%kin D.E.C. jurisdiction, approval must be received an~ submit{&d to our office before your application can be.scheduled for a public hearing. , J/J, CQU&L tN,!; P~I',IN.~Y &IJ~RANT~I-b To lu~- ~.cu~JT'f TITL~- I) ~uR¥~'~'O · ..iL)aY (~1~77. COUNTY OF SUFFOLK Property Tax Service Agency GARRETT A. STRANG architect Main Road P.O. Box 1412 Southold N.Y. 11971 516- 765 - 5455 I ;T . 'GARRETT iS,TRANG ~rchitect Main IRoad RO. Box 1'41'2 Southold N.V,~l~971 516 - 765 - 5'455