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HomeMy WebLinkAbout3082j_j.~UR_T~_E~URKE~E-~ 2 / 2'5 / 83 I420 King St., orien% ' corral and alter use of existing. barn to stable a pony. ~//~ ~-/~?/ff3 26-2-40 £App Is Southold Town Board o ea MAIN RDAD- STATE Er=lAD 25 BrlUTHEJLD, L.I,, N.Y. 11cj'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3082 Application Dated February 1, 1983 TO: Mr. and Mrs. Burke E. Liburt 1420 King Street Orient, NY 11957 (Public Hearing held 2/25/83) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on February 25, 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 III , Section 100-30(A) [2] (c) and (C).[5] [ ] Request for The public hearing on this matter was also held on February 25, 1983. Upon application of BURKE E. LIBURT, King Street, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30(A) [2] (c) and (C) [5] for permission to construct corral and alter use of existing barn to stable a pony on premises having an area of 39,048 square feet and more particularly identified as 1420 King Street, Orient, NY; County Tax Map Parcel No. 1000-026-02-040. The board made the following findings and determination: By this appeal, appellant seeks permission to keep a pony on this 39,048 square-foot parcel and stable same in the existing acces- sory building which is located at the northwesterly section of the premises on the westerly (rear) property line. The premises in question is improved with the 1½-story accessory structure in question, a one-family two-story dwelling structure and garage building. It is noted for the record that objections have been raised from residents in the immediate area concerning applicant's request. One of the main concerns is odors, flies, rodents, etci : To permit the housing of a pony (or horse) in a building which is situated on a property line abutting neighboring property would not in the board's opinion be feasible under the circumstances. The board has no objection to the keeping of the pony (or horse) on this 39,048 square-foot parcel; however, the relief requested from Section 100-30(C) [5] which requires a 40' setback from all property lines for a building i~ which a horse is to be housed is substantial in relation to the zoning code requirements, in the board's opinion, that by allowing such relief detriment to adjoining properties may be created; that the difficulty can be obviated by a method other than a variance; that the relief as requested will not be in harmony with or promote the general purposes of zoning; and in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of ~justice will be served by not allowing the use of the existinglaccessory building in its present loca- tion for a horse or pony stable. (CONTINUED ON PAGE TWO) DATED: March 7, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2- Appeal No. 3082 Matter of BURKE E. LiBURT Decision Rendered February 25, 1983 On motion by Mr. Doyen, seconded by Mr. Sawicki, it was RESOLVED~ that Appeal No. 3082, application of BURKE E. LIBURT for permission to keep pony (or horse) on this 39,048 parcel, BE AND HEREBY IS APPROVED, PROVIDED THAT A MINIMUM SETBACK OF 40' FROM ALL PROPERTY LINES IS PROVIDED FOR THE STABLE TO HOUSE THE PONY (OR HO~SE). Location of Property: 1420 King Street, Orient, NY; County Tax Map Parcel ID No. 1000'026-02-040. Vote of the Board: Ayes: Messrs~ Goehringer, Doyen, Grigonis, and Sawicki. (Member Douglass abstained.) This resolution was : e : duly adopted by majority.~ APPEALS 8OARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONtS, JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE RrlAD 2~ SOUTHOLD, L.I., N.Y. 11971 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 Southold, a Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals on ~RIDAY, FEBRUARY 25,. 198~ commencing at 7:30 p;m. and as follows: 7:30 p.m. Application of ~AST END SUPPLY CO., INC., 203 Front Street, Greenport, NY for a ~E-HEARiNG (on Appeal No. 3013) for a Variance to the Zoning Ordinance, Article VIII, Section 100-81, Bulk Schedule, for permission to construct warehouse in this "C-Light Industrial Zone" District with insufficient front, rear and side yard setbacks. Location of Property: South Side of Corwin Street, Greenpor~, NY; County Tax Map Parcels No. 1000-48-02-002 & 003. 7:35 p.m. Application of HAROLD p. SCHWERDT, 2720 Cedar Avenue, Southcld, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in the northwesterly section of premises located at 2720 Cedar Avenue, Southold, NY; Goose Bay Estates Map No. 1176, Lots 192 to 195, inclusive; Co~nty Tax Map Parcel No. 1000-077-002-001. 7:40 p.m. Application of JANET A. DAVIS, Box 885, Cutchogue, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-118D for permission to reinstate nonconforming use as an antique shop and residential use (apartment) in this A-Residential Zone. Location of Property: 45395 Main Road, Southold, NY; County Tax Map Parcel No. 1000-075-02-011. 7:45 p.m. Application of WALTER GAIPA, 360 Lakeview Terrace, East Marion, NY for Variances ~o: (a) the Zoning Ordinance, Article XIV, Section 100-~41B, and Article III, Section 100~32 for permission to construct accessory building in the frontyard area, and (b) New York Town Law, Section 280-a for approval of access. Location of Property: 360 Lake View Terrace, East Mar~on, NY; County Tax Map Parcel No. 1000-31-09-012. / 7:50 p.m. Application of BURKE E. LIBURT, King Street, Orien~,~ INY for a Variance to the Zoning Ordinance, Article III, Section 100-30 ~ A(2) Ici and C(5) for permission to cons~ruc~ corral and alter use of Page 2 - Legal Notice of Hearings ~Southo!d Town Board of Appeals Meeting Date: February 25, 1983 existing barn to stable a pony on premises having an area of ~ ~9,048 square feet and more particularly identified as 1420 King2 (~ Street' Orient, NY; County Tax Map Parcel No. 1000_026_02_040. / 7:55 p.m. Application of J. ROYAL AND VIRGINIA G~ 1515 Minnehaha Boulevard, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to build accessory building in the sideyard area at premises known as 1515 Minnehaha Boulevard (a/k/a 60 Opechee Avenue), Southold, NY; Counny Tax Map Parcel No. 1000-087-03-050. 8:00 p.m. Application of PATNICK REALTY CORP., by Gary Flanner Olsen, Esq., Main Road, Box 38, Mattitnck, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60, permitting two residential dwellings in this B-Zoned District. Location of Property: 69430 Main Road, Greenport, NY; County Tax MaD Parcel No. 1000-45-05-001. Any persons wishing to be heard concerning the above matters should appear at the times and place above specified. For additional infcrmatlon, please contact Linda Kowalski, Secretary at 765-1899 (or 765-1802). Dated: February 4, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHR!NGER CHAIRM~gN Instructions to newspapers: Please publish once, to wit, ~hursday~ February 17th and forward affidavits of pub- lication to Board of Appeals, Main Road, Southold, NY 11971; FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ ....... ........... ~..~./.6'/?.7. t...~..,..~.' ..... PLEASE TAKE NOTICE that your application dated ..... .~..c¢~... ~..~. <., 19..~>..~. for permit to construct..,.~.~...,~27/.~..c~./7..~..~. ~/~5--...~...~.~~~ at Location of Property Z~O ff~9 .~. . ........ ~ ~~ h3&; ~o~ ....... ~" ~ st~t ...... , ' h~ioi / County T~ Map No. 1000 Section ~ ~ Block O~ ....... ~t ..~. ..... Subdihsion ................. Filed Map No. ~t No. isretumedherewith~dd~approvedonthefollo~g~ound~ ~/~~~ ~ ..... ....... FOR~ .~0. ~J TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11973 TEL.: 765-180;3 2xam~ned ................. 19 ... Approved ................. I9... Pe~nit No ............ Oisapproved a/c ..................................... Application No .................. (Building Inspector) A?PLICATION FOR BUiLDiNG PERMIT INSTRUCTIONS a. This application must be completely filled in by typew~Ster or in ink and submitted to the B,u~ding inspector, with 3 ets of plans, accurate plot plan to scale. Fee according to sc/~edule. b. F/ct plan show~ng location of lot and of bulldogs on premises, relationship ~o adjo~Jng premises or puol~c, ' ' streets' r vxeas, and g/v~ng a deta~ed descr/ption of layout of pronerty must be drawn on the diagram which is pa~ atJcn. - c. The wnrk covered by this app]Jcafion may ~ol b~ commenced be~or~ i~su~nc~ o~ Bu~g P~rmiL d. Upon approv~ of ~2s application, the Building Lnspec~or w~ll issued a Bu~d~g Pe~it to the app~c~t. Such pe~t ml! be kept on ~e premises avaflabie for ~vecdon ~rou~out ~e work. e. No bu~d~g sSalt be occupied or use~ ~n wSole or ~ p~ for any purpose wherever until a Ce~[ficate ~f Occup~cy 2all have been grmnted by hhe Build~g Ins~ctor. APPLICATION IS HEREBY M~E to LSe B~dL~g Ds~tment for the ~ssu~ce of a B~d~g Pe~it pu~uant to the ,ml~ng Zone Ordh~ance of the Tox~m of Southold. Suffolk ~ ~ounty, New York, mhd other applicable ~ws, Ord~ces or ~egulafions, for the eons~c~on of b~dg~, additions or ~teratiens, or for removal or demolificn, as hereh~ dec,bed. ~he appJScant a~ees ~o ~mply w~ a~ app~cable laws, ordinances, bugd~ng code, housing code, and reg~afions, and to -~mit autSo~ed ~specm~ on prem~e~ ~d ~ bulldog for necessa~ insvecfions~ ~ ~ q (M~]J~ address o~ ;tare w~etket agg]Jca]~t ~s ow~e~, Jessee, a~e~[, ~c~Jt~c~, ea~n~r. ~e~ezal connacto~, e~ect~cJa~, 2~umbe~ o~ .................. ............................. . ~me of owner of premises. ~-.i~ ~' L- .... - ....... (as on k~e tax roi! or !atest deed) f applic~t is a co~oration, s~ature of duly authorized officer. (Name and tkte of co~orate officer) Builder's License No .......................... Plumber's License No. Electrician's L~cense No O~her T. ades License Location of tend on which proposed work w~! be done. 13.~.~.~..~N/,~ < ~ House Number Stree~ Hamlet County Tax }~Jap No. !000 Section ....... ~ ~ ....... BJock ~ Lot. Subdivision ..................................... Filed Map No ............... Lot (Name) ............... State existing usc and occupancy of premises and intended use and occupancy of proposed const~act~on: a. Ex~stmg use and occup~cy. ...... b. Intended use and o~uo~cv ~//e~.~'/'~ 3. Natn~e of work (check which applie ~' e): New Building .......... Addit~c ......... A!tera~on ...... '/~.. Repair ~ ........ Rem0v~ ...... Demeiition .............. Other Work F~. 4. Est~ated Cost .......... ~(~'~ [~ ................... Fee ...................................... (to be p~d on f~g ~s application) 5. If dwe~ng~ number of dwe~fng units ............... Number of dweilf~g units on each floor ................ ~f garage> n~ber of c~s ....................................................................... ~. If business, commerci~ or mixed occupancy, ~ecffy nature and extent of each type of use 7. D/mens/ohs of existing st:~ctures, if any: Front ............... Rear .............. Depth ............... Hef~t ............... Number of Stories ........................................................ D~ensfons of same structure with alterations or additions: Front ................. Rear .................. Dephh ...................... Height ...................... Number of Stories ...................... 8. DLmensio~s of entire new const~action: Front ............... Rear ............... Dep~ ............... Hei~tt ............... Number of Stories ........................................................ 9. Size of!or: Front ...................... Rear ...................... Depth ...................... ]0. Date of Purchase ............................. Nmme of Foyer Owmer ............................. 1 I. Zone or use district in which premises are situated ..................................................... 12. Does proposed cons~ction rio!ate any zoning law, ordinance or regulation: ................................ 13. Will lot be regraded ............................ Will excess ~t be removed from premises: Yes No 14. N~ of Owner of premises .................... Address ................... Phone No ................ N~e of ~chitect ........................... Address ................... Phone No ................ N~me of Contractor .......................... Address ................... Phone No ................ PLOT DiAG ~M Locate cle~y ~d distinctly ~ bu5dings, ~vhe~er existing or proposed, and, indicate il set-back dLmensfons property ~nes. Give street m~d block number or description according to deed, mud show street nines mud indicate whether }n~e~or or comer lot. 3TATE OF NEW YOR.I~; . S.S Z O~Jt~Y OF... .79~..~.~. t~ ~ ~3U/~{ ' ' ' sworn, deposes a~d says that he is the applicant .................................. acme- dray (Name of individual siDq,.ng contract). tbove named. {e i~ the ........................................................................................ (Contractor, agent, corporate officeL etc.) ~f said owner or owners. ~md is duly authorized to perform or have performed the said work and ro m~ke m'~d file this :pplication; that all statements contained in this applic~tion are true ro the best of his knowledge and belief; and that the there with. york w~l be perfe~ed :n the m~ner set fo~& h~ the application filed ' ' ' ';worn ro before me this .......... .~.~... F ..... d~yof...~~ .... , i9 P~: ~ 4or aw Publi~/~ ~4~ ~.. ~ ~~~CounW~~,; [ / ~ TOWN OF sOuTHOLD, NEW YORK ~A~F~E) FROM DECISION OF BUILDING INSPECTOR THE ZONI~NG BOARD OF APriLS, TOWN OF SOUTHOLD, N. Y. ............................ of ...... ......... (We) Name of Appellant Street and Number ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... ~6(...~.. f~.. >?. ~../., ~,..F..~..._~.. ....... WHEREBY THE BUILDING INSPECTOR DENIED TO of Nome of Applicant for permit !420 ~:i~g, Street~ ~ient~ N Y~ State Street and Number Municipality ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ]. LOCATION OF THE PROPERTY ...... ~.~g...~-_x~o~ ........ : .......................................................... 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 Paragraph of the Zoning Ordinance by number. Do not quote the Ordi~nance.) 3. TYPE OF APPEAL Appeal is made herewith for (~(~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack af access (State of New York Town Law Chap. 62 Cons, Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal~i~:s) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal wes ( ) request for a specieJ permit ( ) request for a variance and was made in Appeal No ................................. Dated ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that~e ¢¢~outd like t,o keep Forra ZB1 (Continue on other side) Continued REASON FOR APPEAL 1. STRICT APPLICATION OF THE ORDINANCE would produce practical dJfficu~tiee or unneces- sary HARDSHIP because ~'h~z~ are ~_.~_= ~ other one-acre parcels adjacent to or to anotp~r area ~s o~at of the cues~on a~ =b~s ==me~ 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because t :ez:e is ~:ore than ~:?lie space to house a eonV ~ more than others i~ve z,.}.zo f.r~ nc4 ho~zsing & ?oi~}z {er pomie s/i:.~rs~s ) ~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~Tr~ pzo~erty was ©ri~i~aily ~ed a~ ~ fa~ ar~ t}~ b~:z~ whici~ :~culd ho~zse the pony ~s %oz:.structa.':' c.s a horse ba~_~ i~lat is the usa for ~J~ich it w~s imte~ed~ it hes been hed~e which extends 400' on ~ne _~a~t~,. o=.=e c ~ ~ ~ ~ ~ pO~y ~ corr~1%~OT.L~ oe .... ~-~'~'~ ~,,;,{~- ~,e rural flavor of our area of C~ient and would not be visible fron] mhe road or adjoining neighbor's pro~_tzes on both smde~ STATE OF NEW YORK ) . COUNTY OF ~gJP~ ) Signature Sworn to this .................../,.-.-.. .................... day of. .. :: .......... 19 ~, ~ C/ ............ ..Y Notary PuNic APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR, SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H, SAWICKI Southold Town Board o£ Appeals MAIN ROAD- STATE I~OAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 March 7, 1983 Mr. and Mrs. Burke E. 1420 King Street Orient, NY 11957 Liburt Re: Appeal No. 3082 Decision Rendered February 25, 1983 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 February 15, Orient, N.Y. Southold Town ~oning Board of Appeals C/O Gerard P. Goehringer, Chairman Southold Town Hall Route 25 Southold, N.Y. 11971 1983 11957 Dear Sir: It has come to my attention that a neighbor of mine Mr. Burt Lieburt had filed for a variance to house and graze a pony on his house lot. I am writing this letter to object to such a variance on the following grounds. When I inquired about having a pony for my son, I was told I required one acrea for my house and one acrea for the horse or pony. I believe Mr. Lieberts house alone is on less than an acrea. If all his property was open for grazing, there is not near enough area of grass for the property is mainly buildings, and gardens. The word around is that he claims the homestead was a farm and the building he desires to use was its horse barn, this to my knowledge was not a farm and futher, I believe the stall for any horse or pony must be at least forty feet from all property lines. This would almost be impossible to accomplish and at present said building is right on a property line and nearly on another. Due to all the above mentioned conditions, my husband and I feel it would be an improper place to grant a variance. Thanking you for your consideration. My hmsba~d M~chael and I would be at the meeting in person except that he had a major accident and is ba~ely able to get around on crutches. Yours. tru].v~,, ~ Michael Jimenez Lory Jimenez King Street Orient, N.Y. 11957 7o,~r~ o~. $ou.tAo~zZ lLe~ ~oZo~c£ 11971 ~r~. 5Z.~e~ - ?,0. Box 753 O~i. er~, lZew ~ 11957 7~ 19, 1983 /,:,¢ h.aue .,z.ece./.~e.d. a a.oZ.Lce, 2/1/83, ua.v/an, ce or~ ,C~e /~o/~ ad.~Zro/~ ou.Vo. Th.e o,~ne.~ o~ .t~¢ p~ope~t.q..~t, oLeec~ 4.0 ii~. Bu.~£¢ ~.. SZ.~.e.t., C~,z.L~t.t., flew ~.o,Z.£. 7i~e ua,z..,Lan, c.e ,'l.eq.u. e4.t.o pe,'tm,~.o4.or~ ,to £eep a p. orw,, or~:i ~ ~ 4.0 b ~ 3,/ 'd. 'Z t.J. 5. t..[ff~ T'i-H~ /n~,J~rce Coe,vketn,4 LICENSED LAND SURVEYORS GREEN~RT ' NEW YORK SUFFOLK CO. HEALTH DEPT. APPRO~ H.S. NO. STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISP SYSTEMS FOR THIS RESIDF"CE CONFORM TO THE STANDARd._ OF SUFFOLK CO. DEPT. OF HEALTH SER~ APPLICANT SUFFOLK COUNTY DEPT. OF HE SERVICES -- FOR APPROVAL CONSTRUCTION ONlY DATe: H. S. REF. NO.: APPROVED: SUFFOLK CO. TAX MaP DESIGNATIOi DIST. SECT. BLOCK P OWNERS ADDRESS: O~t~NT', N.'~7 /1~7 DEED: L.2104 P. TEST HOLE STAMP Iooltl'1 SEAL ~. ,,{ he Town . .a~.d ,~w:-- *,- the Zonigg I zu, v~.t~ous o! the ~me.n~u~- Variance ~.~lelll, Sechon ~ prow~ .~ w~wn of Sou~nO,~, ~rdi~nce, ~'~ ,-- ~ build ~ c~e ot m~ -y ..... nd th~ 72~ ~o (or Der~lSSlm~ ~y .~ / foll~"~gr~' c..thold Town ~'devard area a[n~ hahs ~ held by me ~_ ~RIDAY. ? ~,~,~ as 1515 x~t,,~-~ ~ comme~mg at · .... ' ~'~tv Tax ~ap parcel t. -~o~ as{OllO · h~nlicatton of l~~3'°50' ,'~tion of~ . ~..~.. Swozn, 7:30 p.m. o[~pLY CO,, g'00 p.m. APPtl~o~up ,{ EAST END ~Vnnt Street, on'NICK REALT~ ~"~., o O~ .............. INC.. 203 Fr~ r a ~E- ~$'Oa~ Flanner 0~73~:~ ~Y.~ ........ ~,- construc~ w~: -: :~, zone ~ "~--+.,. 69430 Main ~ ~,~- ,,o Light Ina~tr~a,... :*-t ~ propc-.~,..,v. County taxi ' 'ct wtth , , Gree P 1~1. P .......... D~str~ and stde yard ManpareelNo, · ~:~a to b~ O~ .......... front, rear ~oeatiOn o{ ~n~ nersous wlSn~e ~oveb~, tog .... . ~ .......... setbacks. ~ side of .~ ~oneerning the ~ ~h~ ~ .. ] J.~e ........ property:, s~t~reenport, "~;;~rs should spear ~ommencin9 on ~'~ ' - CorWm S3r~?.'.xnanparcels ~"-s and place ay 1 ~;Countyxax,~.~3 , tl~ ted For additmna L ..... 2~ ~ ' . ~peclf' - ' e contact~Z~- ''~' ~_ , ~ ~ ............ No 1~ - ~*;-ation ot ...... lion, pleas . ~1 ( ~ ~ t~.~x..~''' 7.35 P. - ~.HwERDT, · '.a~ Kowa~kh S I ....... No. 1176, ~ .ntV Tax Map ~ H[LDI K. DE VGE P ' A-nliea ' ~ No 4707878, Su{iolk Count~. uae (apart~e ' ·'~' ential Zone. Location o{' Resid · 45395 Main Road, properS? NY; County Tax MaP parcel No. 1000-075-02- LakeV .~, ~,.~ VarianceS to, ~ Marion, ~ ~ '.~'~ nrdinance, / the Zomn~ ..... (a) ..,x~ ~ctiOn 100-Plto, / for permtS~ild~ng in the accessory ~ and (b) New nt ara area, fro Y · .., S~tion ~a York Town ~, of accesS- for approva~ ro erty: of P P Lake Street, VarianCe King y for a Zoning LEGALis HEREBY NOTICE * Secttqn,'t ivEN, PUr ~9a'n't't'° ..... tnd alter use , ,o stable a pony o having an areaand more P ROYAL ' AND NOTICE IS ~Y 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 Board of Appeals on FRIDAY, FEBRUARY 25, 1983 com- mencing at 7:30 p.m. and as follows: 7:30 p.m. Application of EAST END SUPPLY CO., INC., 203 Front Street, Green- ]port, N.Y. for a RE-HEARING (on Appeal No. 3013) for a Variance to the Zoning Ordin- trace, Article VIH, Section 100-81, Bulk Schedule, for_ permission to construct ware- house in this "C-Light Indus- trial Zone" District with insuf- ficient f~ont, rear and side yard setbacks. Location of Pro- perry: South Side of Corwin Street, Greenport, N.Y.; County Tax Map Parcels No. 10~0-48-02-002 & 003. 7:35 p.m. Application of HAROLD P. SCHWERDT, 2720 Cedar Avenue, Soathold, N.Y. for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in the northwesterly section of premises located at 2720 Ce- dar Avenue, Seuthold, N.Y.; Goose Bay Estates Map No.... 1176, /ots 192 to 195, inclu- sive; County Tax Map Parcel No. 1000-077-002-001. 7:40 p.m. Application of JANET A. DAVIS, Box 885, Cutchogue, N.Y. for a Vari- ance to the Zoning Ordinance, Article XI, Section 100-118D for permission to reinstate non-conforming use as an antique shop and residential use (apartment) in this A- Residential Zone. Location of Property: 45395 Main Road, Southotd. N.Y.; County Tax Map Parcel No. 1000-075-02- 011. 7:45 p.m. Application of WALTER GAIPA, 360 Lake- view Terrace East Marion,~[ N.Y. for Variances to: (a) the [ Zoning Ordinance, Article ' XIV, Section 100-14lB, and Article 111, Section 100-32 for permission to construct acces- sory building in the frontyard area, and (b) New York Town Caw, Section 280-a for approv- al of access. Location of Pro- perty: 360 Lake View Terrace, East Marion, N.Y.; County Tax Map Parcel No. 1000-31- / ? p.m. Application of~ E. LIBURT, King Street, Orient, N.Y. for a Variance to the Z~ning Ordin- j~ once, Article III. Section 100. [ 30 A(2)[c~ and C($) for portals- ~ sion to construct corral and.,~' alter use of existing barn to I stable a pony on premises [ having an area Of 39,048 ~i square feet and more parti- ~ cularly identified as 1420 King l~ Street, Orient, N.Y.; County ~lap Parcel No. 1000-087-03- Tax Map Parcel No. 1000-~050. ~,-040. . 8:00 p.m. Application of. 7:55 p,m. Application of J. PATNICK REALTY CORP., ROYAL AND ¥1~NIA GIF- by Gary Flanner Olsen, Esq., FORD, l~l~ M~a Bou- Main Road, Box 38, Mattituck, ~leya~d.'~ N.Y. for a N.Y. for a ,.~ariance to the 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 County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ......................... ./. ............. weeks successively, commencing on the ............... ../..7....~.~. .......... Sworn to before me this /7 ~ ................................ day of ........... ............... , CLEMENT J, THOMPSON NOTARY PUSI,IC, State of NOw York No. 52-9321725 ResidinE in Suffolk ~unt~ ~0 Commissi~ Expires March 30, 19~__ Any persons wishing to be heard concerning the above matters should appear at the times and place above speci- fied. For additional tnforma¥ tiaa, please contact Linda Kowaiski, Secretary at 765- Copies Legal Notice of Hearings Mailed to the Following on Monday, February 14, 1983: Mr. Walter H. Burden, Jr. (East End Supply) Irving L. Price, Jr. (East End Supply) Mr. and Mrs. Harold P. Schwerdt Mrs. Florence Lagnese (For Janet Davis), Box 645, North Bellmore 11710 Mrs. Janet A. Davis, Box 885, Cutchoque Paul Edwin Kast, Esq., 4177 Merrick Road, Massapequa, NY 11758 Mr. Walter Gaipa Mr. and Mrs. Burke E. Liburt Mr. and Mrs. J. Royal Gifford 1515 Minnehaha Boulevard, Southold 203 Manhattan Avenue, Union City, NY 07087 Gary Flanner Olsen, Esq. (For Patnick Realty - Drossos) Copies hand-delivered on February 14th Suffolk Times L.I. Traveler-Watchman Mr. Lessard, Building Department Supervisor Pell ZBA Members to: Posted on Town Clerk Bulletin Board on Thursday, February 10th. JUDITH T. TERRY TOWN CLERK 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 February 1, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3082 appliation of Burke E. Libert 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. JTT/bn Enclosures J~dith T. Terry Southold Town Clerk r BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to requesta~ (Special Exception) (Special Permit) (Other) [circle c~oice] That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: /'4-3-o /~--4.'~¢~j ~'f-r'c~c'-/_ ~ 0£/'~/?~ / 3. That the property which is the subject of such Petition is located in the following zoning district: /~, ~e,~,'~ i 4. That by such Petition, the undersigned will request the following relief: '~Ua.t yOU would 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Sectic~ 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].6) 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 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: 2/]./$3 Petitioner PostOfficeAddress Orient, New York 11957 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS Hs. Diane E. O'Connor 651 East 14th Street Ms. Carol Leudesdorf New Yor~ N.Y. 9L61 ud¥ '008£ [ulo:[ Sd STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Frances H. Liburt , residing at ICing ~reet .Orient, N.Y. . being duly sworn, deposes and says that on the ]S~. day of February ,19 8 3 , 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 Orient ~ N.Y ; that said Notices were mailed to each of said persons by ,(certified) (~eab~el~:d;j[ mail. Sworn toJ~efo~ me this / day of ':~z---e-~'~-,: ~, ~Notary Public MARIL'WI P. NORKELYN 0 0 0 E~ 0 0 j,, , SH'OR" EHVIi~OHHEHTAL ASS~JShtc~l · ~ ~ ordar to answer the questions in this shor~ EAF it is assumet " that the p~aporar will use. currently available information concerning the project and the likely impacts of the octio'n. It is not expected that additional studies, research or other investigations will be undertakeo. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. If all questions have been answered No it is likely is not significant. Environmental Assessment 1. Will project result in a large physical change to thc project site or physically alter more %ban 10 acres of land? ........................ 2. (c) project PREPA[tER ' S REPP. ESEHT ]HG ¥7ill there be a major change to any unique or · unusual lend form found on the sit&? ......... Yes X No 3, ¥1ill project alter or have o large effect on ,e.,xisting body of water? .......... on groundwater quality? ...................... , 5. Will project significantly effect drainage flow on adjacent sites~ 6. ¥/ill project of fleet any threatened or endangered plant or animal species? .......... . 7. Will project result in o r0ajor adverse on air quality? .............................. .. 8. ¥Iill project have o major effect on visual character of the communily or scenic views or vistas known lo,be imporlonl to the communi¢y? Yes 9. ¥7ill project adversely ~mpacl any sile or .- slruciure of hisloric, prehistoric or poleonlologicol imporlonce or any site designated os o critical environmental area by o local agency? ............ -.:,..~.~-.~..-...v.~..~- Yes'~ No ~0. ~'J~}~ p~oje~¢ have a me,or eF~ec~ on existing o~ Future ~ec~oa~&onaZ oppo~un~es? ......... Yes ~ No or. cause o mojo~ e~fec~ to ex~s~$ng ¢~onsporta¢~on systems? ....................... Yes/x No }2. ¥1~Z~ projec~ .~egu~a~}7 cause ob~ec~onab}e odo~s~ no~se~ g}o~e, v~b~a[$on~ or e~ect~ca~ disturbance as a result of lhe projecl's yesX/ N°~ operation? ........ ' .... or.safety? .................................... Yes~ 14. Will p~oject of~eci the existing community by ' directly causing o 9rowlh in permanent population of more than 5 perce~t over o one year period or hove o major negative effect on the choroctcr of the community or neighborhood? ................................. Yes.~ No 15. Is there public controversy coscernlnD the es.~,~ project? ...................................... Y Yes, X No · Yes. Yes, Yes Yx No Yes)< No (Today's Date) To: Southold Town Board of Appeals Re: Main Road Southold, NY 11971 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 id the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; hot, ever, constructed alon~ the water-lying edge of this property 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 length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] not appear to 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 fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours,