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Home My WebLink About3175 Pvt. Rd., F.I 10/27/83~//~ .... CA -c on st ~u.ct _ deta~c he d accy g a_~ a_g e f_r o n~% ~ i yard area. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g71 TELEPHONE (516) 765-180g ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3175 Application Dated September 28, 1983 TO: Mr. Michael F. Doyle, A.I.A. 506 East 84th Street New York, NY 10028 (Public Hearing October 27, 1983) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on October 27, 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 IX] Request for Variance to the Zoning Ordinance Article III, Section 100-32 [ ] Request for The public hearing on this application was also held on October 27, 1983. Upon application for WILLIAM L. MUSSER, by Michael F. Doyle, A.I.A., as agent, 506 East 84th Street, New York, NY 10028, for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to con- struct detached accessory garage in the frontyard area at premises known as Lots 1 and 2 at Chocomount, located on a Private Road, at Fishers Island, NY; County Tax Map Parcel ID No. 1000-004-05-5.4. The board made the following findings and determination: By this appeal, applicant is seeking permission to construct a 24' by 24' one-story accessory garage/storage building to be located approximately 40 feet southeasterly of the existing one-family resi- dence (near a'large bouIder). The premises in question contains an area of approximately 2.2 acres and is more particularly identified as a portion of Lots 1 and 2 at Chocomount, and Suffolk County Tax Map Parcel District 1000, Section 004, Block 05, Lot 5.4. The access to this parcel is along the cul-de-sac of the subject private road, and due to the location of the existing residence the parcel is substantially "frontyard area" as defined by Section 100-13 of the Zoning Code. The board agrees that the area chosen for the location of this accessory building is the most practical under the circum- stances and particularly due to the topography of this land. In considering this appeal, the Board determines: (1) that the practical difficulties shown are sufficient to warrant the gran ing of this application; (2) that the variance request is not substan- tial in relation to the requirements of the zoning code; (3) that the circumstances are u~i~ue; (~' that the relief requested will be in harmony with and promote the general purposes of zoning; and (5) that the interests of justice would best be served by allowing the variance, as indicated below. On motion by Mr. Do~en, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3175, application for WILLIAM L. MUSSER for permission to construct accessory garage/storage build- ing in an area other than the required rearyard, BE AND HEREBY IS- (CONTINUED ON PAGE TWO) DATED: November 2, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3175 Matter of WILLIAM L. MUSSER Decision Rendered October 27, 1983 APPROVED, SUBJECT TO THE FOLLOWING CONDITION: That the subject building hot be used for habitable/living quarters (only for storage or garage purposes). Location of Property: Private Road, Fishers Island, NY; Suffolk County Tax Map Parcel ID No. 1000-004-05-5.4. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. IRECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK /~EP[AR.D P. GOEHRING~R, CHAIRMAN November 2, 1983 / APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRiGONIS, JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 SFIUTHOLD. 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 Zoning Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, October 27, 1983 commencing at 7:30 o'clock p.m. and as follows: Doyle, A.I.A., as agent, Street, e o k, 00coI J for a Variance to the Zoning Ordinance, Article III, Section 100-1 ~ 32, for permission to construct detached accessory garage in the ~ /~r~na~e~r~a~e~°~s~r~°~l~n~?dN~;a~o~°~n~pl ~arcel ID No. 1000-004-05-5.4. __~ 7:35 p.m. Application of WARREN AND ELLEN HUPE, by Marcia Z. Hefter, Esq., 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordinance, Articles VII, Section 100-60, and VIII, Section 100-80(B) [1] for permission to establish a machine shop for manufacture of hardware, a use permitted in the "C-Light Indus- trial" Zone. The subject premises is zoned "B-Light Business" and is located at the South Side of C.R. 48, Southold, NY; County Tax Map Parcel ID No. 1000-59-10-005. 7:45 p.m. Application of'WARREN AND ELLEN HUFE, by Marcia Z. Hefter, Esq., 108 East Main Street, Riverhead, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80[B) for permission to establish a "C-Light Industrial" use in this "B-Light Business" Zone, at premises located at the South Side of C.R. 48, Southold, NY; County Tax Map Parcel ID No. 1000-59-10-005. 7:50 p.m. Application for GEORGE J. WIESER, by Garrett A. Strang as agent, Box 1412, Southold, NY for a Variance due to lack of approved access, New York Town Law, Art. 16, Section 280-A, over a private right-of-way located at the East Side of Harbor Lane, Cutchogue, NY; premises in question: C~unty Tax Map Parcel ID No. 1000-97-06-010. Page 2 - Legal Notice October 27~ 1983 Regular Meeting and Public Hearings Southold Town Board of Appeals 7:55 p.m. Rehearing of Appeal No. 3139. Application of ROBERT W. GILLISPIE iii,~ by Stephen R. Angel, Esq., 108 East Main Street~ Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for approval of insufficient area~ width and sideyard setbacks of building in this proposed two-lot division of property located at the northeast corner of Main Road, and Beckwith Avenue, Southold, NY; County Tax Map Parcel Nos. 1000-61-02-005, 006 and 007. For additional information concerning the above matters, please contact Linda Kowatski, Secretary, Zoning Board of Appeals, at the Town Hall, 765,1809 (or 1802). DATED: September 29, 1983o BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday¢ October 20¢ 1983 and forward one affidavit of publica- tion to: Southold Town Board of Appeals, Main Road, Southoid, NY 11971, on or before October 26, 1983. (tel. 765-1809). Copies have been furnished to the following, on or about 10/14/83: Mr. Michael F. Doyle¢ A.I.A., 506 East 84th Street, NY, NY 10028 Mr. William L. Musser, 167 East 82nd Street, NY, NY 10028 Marcia Z. Hefter, Esq., 108 East Main St, Box 279, Riverhead, NY 11901 for Warren and Ellen Hufe Mr. Garrett A. Strang, Box 1412, Southold, NY 11971, for George J. Weiser Stephen R. Angelf Esq.¢ 108 East Main St, Box 279, Riverhead, NY 11901 for Robert W. Gillispie IIi, and others Suffolk Times¢ Inc. L.I. Traveler-Watchman, Inc. vic Lessard, Building Dept. Z.B.A. Members Supervisor W. Pell individual ZBA files TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To ./~./(.~.k. (./~.t}~...~....PI ~.~...~.~..{ff....~.":.. · .~/.0...~. ( .c.~..~. t.:L... F~...:5..~.~5.~. K..../! ~ -~ , PLEASE TAKE NOTICE that your application dated .............. ~.,.~..~7..../..~.., 19 .~..--~.. for permit to construct .~. t~ .-7.B.C.~., .&. ~.. ACF. ~ ~5~. ~. f....~..A. ~,,: .p.,. ~..g,. ..................... at Location of Property ........... .~.1.,'(~ .~.7.~.. ~q.~.~ ................. .~(~..~/~./r.~...~..5.~p..~,*~ . House No. Street Ham/et County Tax Map No. 1000 Section ........ ~? ..... Block ....... -,9..~'. .... Lot . .'~ .5{. ........ Subdivision ..~.( ~ .~..£? ....... F~I~ ................ Lot No....~...~.~H.,C.~0..~.~ .U.M -(' is returned herewith and disapproved on the following grounds... J"..C.c.~ ~. c., ik. ~(... f~.L:' ! ! .~. ! ~ .~ ~ Pl A>&- .N.C.T...:~.~i~,.',:~.~..~--r.[-.~ j ~.~ . .!.t-!~. ,f~q'~..... [~.)~.,.o 1~-,, ,~ Z,, .0 N ,,,x...t.k,...~ .~ .q...'i., .k .~. '~.. X &-~,;¥ ......................................... ,~B. uilding Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK SLP~[~E~ROM DECISION OF BUll-DING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. DATE ..~"~....~..~.....J~ ~ ~ , N~me 6~ ~pp~ll~n~ '~ Street and Number ......................................................................................................................... HEREBY APPEL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 25 ~g. 83VOR: WHEREBY THE BUILDING INSPECTOR DENIED TO W~llia~ L. Musser, Jr. Name of Applicant for permit of 167 East ~2n~l.-~reet [~.Y.C. N.Y. 10028 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD De~,/~ed A~esso~t Garage l. LOCATION OF THE PROPERTY C~u~m~unt, F~shers ISl~ /%. Street at-TI Hsmlet Zone %lO00/Sectio~ 4/Block 5/Lot 5.4 OWNER(S): ~illiam L. Musser, /'Jap No. Lot No. DATE ~UACHASED: .... 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.) · 100-32 Article - , Section 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 York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (ha~s (has not) been made with respect totthis decision of the Building inspector or with respect to this property. Such appeal was )request for a special permit ) request for a variance and wes made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ) A Variance to the Zoning Ordinance ~s ~equested for the reason that' ~e ~ould l±ke 'co '~n the fz-ont yard. (Continue o~ Other side)· Build an accessor~ ~etache~ garage REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces~ sory HARDSHIP because The steep topography of the property leaves only this front location for a garage in relation to the private access road to the site, 2. The hardship created is UNIQUE and is not shared by ali properties alike vicinity of this property and in this use district because in the immediate 3. Tine Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 1, The nature of this site is that it is off a private ~oad~ hidden fro~ surrounding property owners, 2, The home of t~he neigbl~r to the ~st is ~o-~n the hill ~-nd out of view of this proposed garage, 3, The edges of the site and all a~Jacent properties are heavily wooded. ~n in wLnter when leaves are down~ one would barely see this structure from the public road. STATE OF NEW YORK ) ) COUNTY or SS · Notary Public (j MARSHA [. TH0~$ON ~ota~' public, State of New No. 41.4679873 Quaiified in Queens County Cert. fJ~ed in New York .I i Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI November 2, 1983 Mr. Michael F. 506 East 84th New York, NY Doyle, A.I.A. Street 10028 Dear Sir or Madam: Re: William L. Musser Appeal #3175 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 Southold Town Board of Appeals MAIN ROAD- STATE RnAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMRFRS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR S. l~. Q. R.A. September 2 SERGE DOYEN, JR ROBERT J. DOUGLASS NEGATIVE DECL~ATION ~0S~PH H. SAW~CKI Notice of Dete~ination of Non-Significance 1983 APPEAL NO.: 3175 PROJECT NAME: WILLIAM L. MUSSER This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Detached accessory garage in frontyard area. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Private Road, Chocomount, Lots 1 and 2, at Fishers Island, NY. 1000-4-5-5.4. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) Project is landward of existing buildings and not located in a critical environmental area. FOR FURTHER INFORMATION, PLEASE CONTACT: Mrs. Linda F. Kowalski, Secretary, Southold Town Board of Appeals, Main Road, Southold, New York 11971. Telephone: (516) 765-1809. Copies of this notice sent to the applicant(s) or agent(s) and other involved agencies [if any] and posted on the Town Clerk Bulletin Board. ,wAOn a Private Road, at Fishers Island, NY; ~ Map Parcel ID No '~00.00S-00.5.4~.~ :35 p.m ~plinaIion of RREN ,~ND ELLEN HUFE, by Marcia Z. Hefter, Esq., 108 East Main Street, Riverbead, NY for a Variance to the Zoning Ordinance, Articles VII, Section 100-60, and VIII, Section 100.80(B)[1] for permission to establish a ~ machine shop for/ manufacture of hardware, a use permitted in the "C-Light Industrial" Zone. The subject premises is zoned "B-Light Business" and is located at the South Side of C.R. 48, Southold, NY; County Tax Map Parcel ID No. 1000-59-10- 005. 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 pubhc hearings will be hdd by the Southold Town Zoning Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, at 7:30 o'clock p.m. and as 7:30 p.m. Application of WILLIAM L. MUSSER, byf Michael F. Doyle, A.I.A., as agent, 506 East 84th Street, New York, NY 10~28 for ~ Variance to the Zoning Ordinance, Article III, Sec- tion 100-32, for permission to censtru~.t detaebed aeeessm-y garage in the frontyard areua st premises k~own as Lots 1 ired 2 at Cbecomount, located 7:45 p.m. Application of WARREN AND ELLEN HUFE, by Marcia Z. Hofter, Esq., 105 East Main Street, Ri~,erhead, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B) for per- mission to establish a "C- Light Industrial" use in this ~ "B-Light Business" Zone, at, k; premises located at the South Side o~ C.R. 48, Southold, NY; County Tax Map Parcel ID 7:50 p.m. Application for ~) -~,2 ~/ GEORGE J. WIESER, by ~ ~ Garrett A, Strang as agent, Box 1412, Southold, NY for a Variance due to lack of approved access, New York Town Law, Art. 16, Section · 280.A, over a private right-of- STATE OF NEW YORK way located at the East Side of Harber Lane, Cuteho~ue, NY; J SS: Ero .~. in question: County COUNTY OF SUFFOLK 'tax Map Parcel ID No. 1000- ) ~ of Greenport, in said County, being duly SWOrn, says that he/she in 7:55 p.m. Rehearing of Principal Clark of THE SUFFOLK TIMEs, a Weekly Appeal No. 3139. Application ,~ Newspaper, published at Greenport, in the Town of ROBERT W. GILLISPIE./ of Southoid, 1081II' bYEastStephenMainR. Angel,street,Esq., County of Suffolk and State of New ~P~verbead, NYfora Variance a printed Copy, has the Zoning Ordinance, York, and that the Notice been of regularly which the annexed Article VII, Section 100.71, said Newspaper Once each Week Publishedfor Orle in(l) insufficientBulk Schedule,area,fOr approvalwidth and of Weeks SUCcessively, COmmencing on the sideyard setbacks of building day of October in this proposed two-lot ~ 19~83 .di?isinn of property located at me northeast corner nf Main Road, and Beckwith Avenue, Southold, NY; County Tax Map Parcel Nos. 10~0-61-02- 005, 006 and 007. Princ/pal Clerk For additional in~ormatinn conceroing the above matters, SWOrn to before me this ~ please contact Linda Kowalski, Secretary, Zoning day of O~ e r '- ~ 8 3 ~'- Board of Appeals, at the Tow~' Hall, 765-1809 (or 1802). DATED: September 29,19~3. BY ORDER OF BOARD OF APPEALS GERARD P. GOEHRINGER oe l~eld by the Southold Town Zoning Board of Appeals at the Town Hall, Main Road, Southold. N.Y. on Thursday. ~commencing at 7:30 o'clock p.m. and as follows: WiLLT:30 p.m. Application of IAM L. MUSSER, by Michael F. Doyle, A.LA., as. agent, 506 East 84th Street, New York, N.Y.10028 for variance to the Zoning Ordin- ance, Article HI, Section 100- 32, for permission to construct detached accessory garage in the frontyard area at premises known as Lots 1 and 2 at Chocomount, located on a Private Road, at Fishers Is- land, N.Y.; County Tax Map Parcel ID No. 1000-004-05.5.4. 7:35. p.m. Application of. · WARREN AND ELLEN HUFE by Marcia Z, Hefler, Esq., 108 East Main Street, River. head, N.Y. for a Variance to the Zoning Ordinance, Ar- ticles VII, Sectiofl 100-60, and VIH, Section 100-80(B)[I] for permission to establish a ma- chine shop for manufacture o~ hardware, a use permitted in the 'C-IAght Industrial" Zone.. The subject premises is~ sonet~ "B-Light Business" and is located at the South Side of C.R..~L4~ ~outho[d, N.Y.; County Tax Map parcel ID No. 1000:59~10-005. 7:.45 'p.m~ Application of WARREN AND ELLEN HUFE, by Ma~a Z. Hefter, Esq., 108 East Main Street, Riverhead, N.Y. for a Special Exception to the Zoning Or- dinance, Article VIII, Section 100-80(B) for permission to establish a "C-Light Indus- trial" use in this "B-Light Business" Zone, at premises located at the South Side C.R. 48, Seuthold, N.Y.; County Tax Map Parcel ID No. 1000-59-10-005 7:50 p.m. Application for GEORGE J. WIESER, by Garrett A. Strang as agent, Box 1412, Southold, N.Y. for a Variance due to lack of ap- proved access. New York Town Law, A~. 16, Section 280-A, over a private fight-of- way Iocetec( at the East Side of Harbor Lane, Cutchogue, N.Y.; premises in question: County Tax Map Parcel ID No. -1000-97-06-010. ' '? .',~ .' ~ ~ 7:55 p.m. Rehearing of Appeal No. 3139. Application of ROBERT W. GILLISPIE III~4 by stephen R. Angel, Esq.~ 108 East Main Street, River. hepd, N.Y. for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Rulk Schedule, for approval of insufficient area, width and sideyard setbacks of building in this prupesed two-lot divi- sion of property located at the northeast corner of Main Road, and Beckwith Avenue, Seuthold, N.Y.; County T~x Map Parcel Nos. 1000-61-02- 005, 006 and 007. For additional information concerning the above m~ttera, please contact Linda Kowalski, Secretary, Zoning Bonrd of Appeals, at the Town Hall, 765-1809 (or 1802). .. id DATED: September 29, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAI~ ~'~ Editor, of THE LONG ISLAND~RAVELER-WATCHMAN, o public newspoper printed ot ~l~thold, in Suffolk County; ~nd thct the notice of which the onnexed is o printed copy, hGs been published in sold Long Islond Troveler-Wotch- mGn once eoeb week for ........................... ./. ........... weeks successively, commencing on the ............. :.~.'.~ ................ do/ ........ ............... Sworn to before me this _~t,,~ day of ................ .......... , Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD. I_.1.. N.Y. 11~'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I. Traveler-Watchman indicating the date and time of your public hearing. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the public hear- ing and in order to prevent any delay in the processing of your application. If you have any questions, or if you would like to review your file prior to the hearing, please do not hesitate to either stop by our office at the Southold Town Hall, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-1802). Yours very truly, Ik Enclosure GERARD P. GOEHRINGER CHAIRMAN Southold Town Board of Appeals MAIN Rr'IAD- ~TATE RDAD ~S SI'IUTHCILD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMRFRS GERARD P. GQEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR S.E.(2. R.A. September 29, 1983 SERGE DOYEN, JR ROBERT J. DOUGLASS NEGATIVE DECLARATION .IOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: PROJECT NAME: 3175 WILLIAM L. MUSSER This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant ~dverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] DESCRIPTION OF ACTION: area. Type II [ ] Unlisted [ ] Detached accessory garage in frontyard LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Private Road, Chocomount, Lots 1 and 2, at Fishers Island, NY. 1000-4-5-5.4. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) Project is landward of existing buildings and not located in a critical environmental area. FOR FURTHER INFORMATION, PLEASE CONTACT: Mrs. Linda F. Kowalski, Secretary, Southold Town Board of Appeals, Main Road, Southold, 'New York 11971. Telephone: (516) 765-1809. Copies of this notice sent to the applicant(s) or agent(s) and other involved agencies [if any] and posted on the Town Clerk Bulletin Board. JUDITH T. TERRY TOWN CLERK REGISTRAR Ol, VFFAL SI:AIlS ['[CS 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 September 28, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3175 application of William L. Musser for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form: Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. Judith T. Terry~ Southold Town Clerk ~ Michael E ~yle, AIA 506 East 84th Street, New '~b~New York 10028 212-535-7006 18 August 1983 Building Inspector Town Hall P.O. Box 728 Southold, N.Y. 11971-0728 Re: William L. Musser House Lots 1 & 2 Chocomount, Fisher Island, NY Dear Sir: On behalf of our client, William L. Musser, Jr., we would like to request a variance to build a detached accessory (garage) building on the above noted site on Fishers Island, New York. We cite the following reasons why we feel that this would be an accept- able condition for this location: 1. The steep topography of the property leaves only this location in relation to the public access road. 2. The owner of this property owns the adjacent building lot to the East. 3. The home of the neighbor to the west is down the hill out of view of this proposed garage. 4. The edges of the site and all adjacent properties are heavily wooded. Even in winter, when leaves are down, one would barely see this structure from the public road. We would appreciate receiving the necessary forms to apply for this variance as quickly as possible and would pay any "express mail" fees necessary. If you have any questions, please do not hesitate to call me collect at 212-730-1950. Ve~/.truly yours, Michael F. Doyle, AIA MFD/am REASON FOR APPEAL Continu~l 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because The steep topography of the property leaves only this front location for a garage in relation to the private access road to the site. 2. The hardship created is UNIQUE end 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 CHARACTER OF THE DISTRICT because THE 1. The nature of this site is that it is off a private road, hidden from surrounding property owners. 2. The home of the neighbor to the west is down the hill and out of view of this proposed garage. 3. The edges of the site and all adjacent properties are heavily wooded. Even in winter when leaves are down, one would barely see this structure from the public road. STATE OF NEW YORK ) COUNTY ss ........................ Sig~~ ..... Sworn to this ........... ~,..~, ......................... doy of.,...~...~-~~ ............. 19 ..................... ..... MARSHA E. THOMSON N~a~ Public, State of New York No. 41-467~873 Qualified in Queens Coun~ ~e~. filed in New York Count/ Come.ion E~res March 30, TOWN OF SOUTHOLD, NEW YORK ~APPE~,L~OM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, (~4~ ..Willi~/~..L,..~us~r ............................. of ...1.6.7..~.~s.t..8~.~t~aet ................................ Nome of Appellant Street and Number ........... ~'e'?'"~9~'k'"~'t'~' .................................................................. ..~..'.¥..' .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 25 Aug.83FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) William L. Musser, Jr. Name of Applicant for permit of ..... ~.~3. · ~.t...8~. S.tr.e.e.t... ~..y...c .................................... i~..X ..... 1QQ28 .......... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD Detached Accessory Garage 1, LOCATION OF THE PROPERTY ...C_h..°.~.o.~'~..ug....t..,....F..i..s..h.,e..r..s...I..s..1...a~...d. ............ A Street and Hamlet .... ~6~ ..... ~.OQg/~.~.t£~...4/~lo~k.~/L~.t..5...4 .............. OWNER (S): .W.i.l.%~ .a~ .L... ~s~e~,. J~ ...... Map No. Lot No. 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 100-32 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 York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (FYi) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOB, APPEAL ( ) A Variance to Section 280A Subsection 3 ()¢) A Variance to the Zoning Ordinance (×) is requested for the reason theft tee would 'like in the front yard. Build an accessory detached garage F0r~ 'ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- s6r¥ HARDSHIP because The steep topography o£ ~ property leaves only this front location for & gar&qe in relation to the private access road to the site. 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 2. ~ ~ o~ ~e net~r ~ ~ ~st is d~ ~ hill ~d o~ of vi~ of 3. ~ ~ee o~ ~ site ~d ~1 ~}a~t p~ee ~ ~ly ~. ~ ~lic ad. STATE OF NEW YORK ) ss COUNT, or Sworn ,o this ......... ~....~... ....................... day of ........ ~.~..~...i~...., ............ 19 MARSHA E. THOMPSON Notary Public, State of New York No, 41-4679873 Qualified in Queens County Cert. filed in New York County CommJssion Expires March 30, 198~', TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (y~ ..Willim..L...~.~ler .............................. of ...16.7..~-=t.n~-,n.,.n~-,-~,t, ................................ Name of Appellant Street and Number ........... '~"e"w'"'~"qK~"'C'~'t'~ .................................................................. ~t,¥., .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 25 Aug. 83FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) William L. Mueser, Jr. Name of Applicant for permit of ..... 16l. ~as~. B2n~S.tr~t... H. Z.. c .................................... /{ ,X ~....lOG28 .......... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD Detached Accessoz~ ~a~age 1. LOCATION OF THE PROPERTY ..f~.o~....o~).._.u~...~,...~.~..~,~.ez~ ZaZand A Street ~'~' ' '~'&'~ .................................... ~& ..... ..... ~1000/Sec~on..~/Block.5/Lo~.5.4 .............. OWNER (S): .W.~],~ .~.. ~s~te~,. ~ ...... Mop No. Lot No, 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 100-32 3. TYPE OF APPEAL Appeal is made herewith for (X) 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 (PZ~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a specJal permit ( ) request for a variance and was made in Appeal No ................................. Dated ( ) (K) (X) 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 ~n the front yard. Build an accessory detached garage Form .ZB1 (Continue on other side) 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. Th~-~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~[Variance}~$pecial Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adiacent to your prope[t~Land is des- 3. That the p~roperty which is thebubject of such Petition is located in the following zoning district: . 4. That by such Petition, the undersigned will request the following relief: ~ ~ 5. That the provisions of the Southold Town Zoning Code~ applicable to the relief sought by the under- signed are Article ~ Section ~ ~ O ~ ~--- 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held o1~ the matter by the Board of Appeals; that a notice of such hearing must be pub shed ~tTJ~as~t,t!~R ~ys~r or to the date of such hearing in,the Suf~o!k Times and in t.be Lon~ 'island Traveler~,~1:t, ~i~u~,l~.W~[~m~. n.k~ew4111/aP~ets. ~shed in Town'of Southold and designated- for the publication of such notices; that you o~ your representative have the right to ~ppear and be heard at such hearing. ~ ~ ' Dated: ~-g %~. Petitioner Post Office Address PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS p 449 232 0 RECEIPT FOR CERTIFIED NO INSURANCE COVERAGE PROW NOT FOR iNTERNATIONAL MI [See R eveme) 3treet mhd No. P.O., State and ZIP Coda Return Receipt Showing to whom, Date, amd Address of Delivery TOTAL postage and Fees P 449 232 058 ~ 449 232 .ECE,PT FOR CE.T,F,ED MA,' ~,PT FO. CE.T,P, NO INSURANCE COVERAGE PROVIDED-- JSURANCE COVERAGE PI NOT FOR tNTERNATIONA[ MAIL ~OT FOR INTERNATIONA ISee Re,erie) fSee Re,erie) Street and No. Postage Certified Fee , Delivery Fee ted Delivery Fee , Receipt Showing Receipt Showing to whom. nd Address of Delivery p 449 232 062 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE ~[R0VlDED-- NOT FOR INTERNATIONAtL MA~L (See Reueme) % P.O., State and ZIP Coda ~/~F~gc_ ,~u¥ 4/~ ~/ 77/ , being duly sworn, deposes and says that on the ~ day of '~3g~l;~f"~J~l~l~'l~.. , 19 ~%~, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of t,he Town o~f.$outhold; that said Notices were mailed at the United States Post Of- ficeat ~ %J~t~,l- ~{~ f)T. ~,~ , ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Michael E Doyle, AIA 506 Eas! 84th Street, New York, New York 10028 212-535-7006 28 September 1983 Southold Town Board of Appeals Att: Ms. Eileen Carey Town Hall Main Road Southold, N.Y. 11971 Dear Ms. Carey: I am the architect representing William L. Musser, Jr. in his attempt to get a variance to build a garage in the front yard of his property on Fishers Island, New York. Since I could not reach MS. Kowaski during the last few days, I am sending this appeal application to your attention. Because of an illness in my family, I was out of town and missed the mailing date. If there is any possibility of getting on the October agenda as you mentioned, I would greatly appreciate your assistance. If there are any questions, please do not hesitate to call me collect at 212-730-1950. I will call to verify that this package has arrived. Very truly yours, Michael F. Doyle, AIA MFD/sm enclosure .SHORT ENVIROh-~ENT.~L ASSESSMENT FORM 0 O~ O O O O INSTRUCT !ON S: (a) In order to answer the questions in this short ~,AF is is assumed that the preparer will use currently available inforr,~ation concerning the project and the likely impacts of the action. It is not ex-oected that additional studie,"~ research or o~her inves~i&atiens will be u/ldertaken.' (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is nscessar7, (c) If all questions have been answered No it is likely that this project is n o.._~t significant. (d) EnviroP_zental Assessment 1. Will project result in a large physical cDmnge to the project si~e or physically alter more %hen 10 acres of land? . . . . . . . · * · 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 &. Will pro~ect have a potentially large impac13 on groundwater quality? · ' · · · · · · · Yes K No ~. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered plant or animal species? ..... . · · Yes k No 7. Will project result in a ma3or adverse effect on 8. Will project have a ~mJor effect on visual char- known to be important to the community? · · · ~es X 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 opportunities9 · · · . Yes , ~ No 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, 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 V Will project ~ffect the existing community by ~.~.~ ,,,, t~on of more znan 5 pert*n% over a one-year ~->.-~"~"~-.., ~'~, -. period or have a ma~or n~a~ive effect on the o~/,,,~ .~ character of %ne com.~unlty cF nelzh~orhood~. . yes '~ No (Today 'Is Date) To: Re: Southo!d Town Board of Appeals 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 E ~ ~ ~= n/--onmen=_l Conservation Law, please be advised that the subject property id the within appeal application: (please ' ' c ...... one bOM) [ ] Mav~ be loc~c=+o~ w~nmn'~' ' 300 feet of tidal wetiands; 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_ be located within 300 ~ee~= ~ of tidal wetlands; however, constructed alon~ the wate~-lvinc- . ~ edge of this o~ ~,' ~ ~-o~--~3 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. ( ] 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.* ~_~"~r..~.~J'&~ems (*) indicate your property does not appear to ~a ~%~, %~<"~;he jurisdiction of the N.Y.~ D ~. ~ ,, ~.~L~;}~ %~e % Szncerely yours, app=ova~ ~us~ be =ece&~ed an¢ sub~&E¢&d ~o ou= o~&ce befo=e you= app~&ca~2on can be sc~eduZed ~o~ a ~ubZ&c bean&rig. .... - .' - '-. . , - . . ~oard of Appealf~ Town oi Southold PORT ON OF LOTS