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HomeMy WebLinkAbout3103 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cJT1 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3103 Application Dated March 22, 1983 TO: Mr. Peter Stoutenburgh, as agent MR. AND MRS. JAMES McFARLAND 3075 Indian Neck Lane, RR#3 Peconic, NY 11958 for [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on April 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 ~ ] Request for Variance to the Zoning Ordinance Article III , Section 100-31 and 100-36 [ ] Request for The following action was taken: WHEREAS, on March 22, 1983, Appeal No. 3103, application for MR. AND MRS. JAMES McFARLAND was filed requesting permission to con- struct an addition to the existing dwelling with an insufficient sideyard setback from the easterly sideyard line; and WHEREAS, on March 28, 1983, correspondence was forwarded to the applicant requesting approval from the N.Y.S. Department of Environmental Conservation; and WHEREAS, on April 20, 1983, a request was submitted in behalf of the applicants to withdraw this application; NOW, THEREFORE, BE IT RESOLVED, that Appeal No. 3103, applica- tion for MR. AND MRS. JAMES McFARLAND, BE AND HEREBY IS WITHDRAWN WITHOUT PREJUDICE, as requested. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent due to illness.) This resolution was unanimously adopted. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK Town Clerk, To~n cf ccu~c, old DATED: May 11, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No. ~ ....................... Date '.~...~..~ / O , 19 ~a' ......... ~ .................. _/~/~ PLEASE TAKE NOTICE that your appfication dated.. ~... [;~ ......... 19 ~; for pe~it to const~ct.. ~ ~~ ~..~~~ ...... at County Tax Map No. 1000 Sectip~ ~..~ ....... Block ...(~ .... 2~.. ~t .. F.~ ........ Subdivision~~ mfledMap No ............... :~. ~tNo .... Z~ ....... . is retmned herewith and disapproved on the follow~g ~o~ds . ~. ~ ..~..~.. ~.. ~.. ~..~ ...~.~..~.~,. ~.~.~ .... ~..~~~ ........... ... ~.~... ~.. ~~...~~.~ ........ Bufld~g Inspector RV 1/80 FORM NO, 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-180:2 Examined ................. i9 ... Approved ................ 19... Permit No ............ Disapproved a/c ..................................... Application No .................. (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan ro scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pumuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees ro comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit author/zed inspectors on premises and in building for necessary~g~pections. ~ ~ ~ (Signature of applicant, or name. if a corporation) .~ ~.~..32... ~...~..'~. ~...~.~{c.. ~..~ ~ .<. (Mailing address of applicant)'~ . State whether applicant ~s owner, lessee, agent, architect, engineer, ~etectrician, plumber or builder. .................. ; ............... </: ................................. .... .................................. (as on the tax roll or latest deed) If appi~c~rpor~io~g~tu~ of,~y authorized 7· officer. Builder's License No .... ~../.~.~7-. ........... ~ .~. :~. ~-~'* PI tuber s L~cense No ......................... Electrician's License No ....................... Other Trade's License No ...................... 1. Location of land on which proposed work will be done .................................................. House Number Street Hamlet County Tax (Namej 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ..... V¢.~..3.; .~..4~..~. ~ .............................. 3. Nature of work (check which a~_ ~cable): New Bu/lding .......... Adc .on... ~.~.. .... Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work ............... (Description) Estimated Cost . .W~.. ~ .(~..1~.~...~. ................... Fee ...................................... 4. (to be paid on f'fling this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars ........................................................................ 6. If ousm~ss, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ..... ~...~ ...... Rear ....~.,~ ....... Depth . ~..~. (3 ......... Height .../.~ ......... Number of Stories ...... ./. ................................................ Dimensions of same structure with alterations or additions: Front .... ~.'..~. ....... Rear ....~..~5. -.~ ......... Depth .... ~... cf.. ............ Height ... ~/~F~ ............. Number of Stories ...... [ ............. 8. Dimensions of entire new construction: Front ..,~,. ~. ~... Rear ... 7.~ ......... Depth ... ~'..~ ....... Height .... ! ~ .... ~. Number of Stories ........... ~. ...................................... 9. Size of lot: Front ..... .(-9...G ............. Rear ........ ~.~.. ......... Depth .... ~/...G..B... ii. 10. Date of Purchase ............................. Name o_f_Former Owner ............................ 11. Zone or use district in which premises are situated ...... .~ ,-~ .......................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ................................ 13. Will lot be regraded ........ ~7~.,..% .~ .............. Will excess f'flt be removed from premises: Yes 14. Name of Owner of premises'~'~..~.'xc~.~.w.(..~-~-~..~.. Address . £t?. 9.~. s~.~ .~....~..,Phone No. ?.~.~-.. 7. (g. Name of Architect ........................... Address ................. .--.,. Phone No. Name of Contractor. ~. ,c~.,& .~.q. .............. Address . ~.~.c.~:..~..~ ~ ...... Phone No. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NE.W~,K~//.,//r~ ~ S COUNTY O F~ .~--.-.-.-.--.-~'..~.-~.Z ....... (Name of individdal signin~ contract) (j above named. being duly sworn, deposes and says that he is the applicant He is the .................................... ~.-..~-.~: .................................................... '//~ (Co,n~: agent, corporate officer, etc.) of said owner or owners, and is/duly aut~ed to perform or have performed the said work and to m~ke and fiJe tnis application; that all statements contained in ~is application are true to the best ofh/s knowledge and belief; and that the work will be performed in the manner set forth in the application Fried therewith. Sworn to before me this ..... 'L / No. tar'l Public .... ./~ ..~-~ .... County .-. . . ::. . - .f. : .................... - ~~~o~k ~ ~ / (Signature of applicant) · ~.i-: ,,2. ' i - RECEIVe) TOWN OF $OUTHOLD, ~EW YORK '"APPEAL FRO~ DECISION OF BUILDING INSPECTOR APPEAL NO.~/0-~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, ............ ........................ Q...-/' Name of Appelk~n,t · U Street and Number ............. .C..~~..~.:~,,... ................................................. ..~...~., ...... HER£~Y APPEAL TO Mdnicipality State THE ZONING BOARD OF APPEALS FROM THE DECISION Of THE BUILD NG INSPECTOR ON APPLICATION FOR PERMIT NO. DATED .... ,.?../../..d . WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for~ermit o, ........ ........ ...... Street and Number Munic[po~ity State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ....... ~.~.[~ ....... ~ ............ Street Us~istrict on Zoning Map ............................ Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section/~d ~P~_a~j~ o~ the Zoning Ordinance by number. Do not quote the Ordinance.) 3, TYPE OF APPEAL Appeol is mode herewffh for ( ~ VARIANCE ~o the Zoning Ordinonce or Zoning Mop ( ) A VARIANCE due to lock of access (Store of New York Town Low Chap. 62 Cons. Lows Art. 16 Sec, 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has)~een mode with respect to this decision of the Building Inspector or with respect to this p~zrperty. Such appeal was ( ) request for a speciai permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (n~_ A Variance to the Zoning Ordinance ( ) is requested for the reason that Form ZBI (Continue on other side) REASON FOR AI~PEA[ I. STRICT APPLICATION OF THE ORDINANCE would produce proctJcoJ difficulties or unneces- sary HARDSHIP because ; i vicinity of this property and in this use district because The hardship created is UNIQUE and iS not shared by alt properties alike in the immediate 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because / / / / / / / / [, Z Environment East, Inc. R. R. No. 3 - 3075 Indian Neck Lane Peconic, New York 11958 516-734-7474 APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N,Y. llg?l TEI.FPHONE (516) 765-1809 March 28, 1983 Mr. Peter R. Stoutenburg Environment East, Inc. Indian Neck Lane Peconic, NY 11958 Re: Appeal No. 3103 James McFarland Dear Peter: Upon reviewing all new applications at our meeting on March 23, 1983, the board has determined the above- referenced application incomplete inasmuch as approval has not been obtained from the N.Y.S. Department of Envir- onmental Conservation. If you can receive approval by April 8th, there may still be enough time to advertise same for our April 20th meeting. Please keep us advised. Yours very truly, GERARD P. GOEHRINGER lk CHAIRMAN JUDITIt T TERRY TOWN CLERK REGISTRAR OI VIRAL SI \ 115;[[{'5; OFFICEOFTHETOWN CLERK TOWN OF SOUTHOLD March 22, 1983 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3103 application of James McFarland&Wf. 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. ~ Jhdith T. Terr7 Southold Town Clerk 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 request a_~(Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subiect of the Petition is located adiacent tovour property an, dis des- 3. That the property which is the,~'~bject of }uch 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- signedare .~'t_Lcle /c}~,.~/._~ Eectic~ /OO~'~.T/ 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 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 Wafchman, 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. Post Office Address PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS 9L6[ 'JdV '00~£ mJo~ Sd STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ~.r..~.~tC_ . being duly sworn, deposes and says that on the ~k, day of :~.~.,..~.. , ] 9 ~,, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed t° 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:~es~.~r~le~°f the ~/, q S°uth°ld; that said N°tices were mailed at the United States Post Of- rice at ' ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to b~f~gre mgthis ~g dayof / J k%~/~// - ~1~~. Notary Public ~/O'I~R¥ PUBLIC, ~at~ of No, $2-~Z25850, Suffolk o o r.~ o r~ $,q02, i' EHVI~,O ..... ~!T,~L ASSESS!,I~:iil ru~t,~ ] HSTPUCT I0,'1S: ~-~ (a) ~j-~ order to answer the questions in this short EAF ~t ~s assume( that the preparer will use. currently available informolion concerning project and th(: likely impacts of the ac~io'n. It is not expected oddi[ional s~udies, research or o~her ~nves~iga~ions will be underrateD. (b) If any question has been answered Yes ~he projec~ may be 5ignificon~ and a completed Environmental Assessmen~ Form is necessary. (c) If all questions have been answered No it is iii<ely %hat this project is not significant. (d) Ehvironmental Assessment ' "' 1. %~ill project result in a large physical change '' to fha project site or physically alter more 3. 4. 5. 6. 7. 8. 10. 11. 12. Yes 15. than 10 acres of land? ...................... ~'/ill there be a major change to on~ unique or -unusual land form found on the s~te ......... %'Jill project alter or have a lqrge' effect on existing body of water? ..................... %'/ill project have a potentially large impact on groundwater quality? ..................... %'1ill project significantly effect drainage flay/ on adjacent sites? ....................... %'/ill projecl affect any threatened or endangered plant or on~mol species? ......... %'Jill project result in o major adverse effe~t ' on air qualil¥? .............................. . %'Jill project have a major effect on visual character of the community or scenic views or vistas known to'be important to the community?. %7ill project adversely ~mpact any site or structure o~ historic, prehistoric or paleontological importance or any site designated o$ o critical environmental oreo %'/ill project have o major effect on existing or future recreational opportunities? ......... %'/ill project result in .major traffic problems oL cause o major effect to existing transportation systems? ....................... %'Jill project ·regularly cause objectionable o~ors, noise, glare, vlbrotion, or electrical disturbance as o result o~ the project's tlon? ' Yes opera . ................ . ......... . ..... 13. %Vill project have any impact on public health or.safety? .................................... Yes 14. %Vill p~oject o~fcct ±he existing community by directly causiag o growth in permanent population of more than 5 perccgt over o one year pcriod or have o major negative e£~cct on the character of the community or neighborhood? ................................. Is ti]ere public controversy concerning project? ...................................... Yes ' Yes . Yes Yes ~ Yes Yes ~ Yes., Yes L-h~6 Yes ~o Yes (Todal/' s Date) To: Re: Southo!d Town Board of Appeals blain 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 iQ the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetiands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at le~s= 100 feet in length.* [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a ~_; .... a~ need (m~nor) ~]~'~ ~ in of ' (m~o~) ~ ' ~epa~rs, 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 nc 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.] Si~erelv~-~. / / . (Signature please) NOTE: If proposed project falls wit~hin D.E.C. jurisdiction, approval must be received an.d submit{~d to our office before your application can be.scheduled for a public hearing. i :~,~ ie~:.'!: ..' {...'.~'..~ .', .. '~:,. :...: :::... . . . 20 COUNTY OF SUFFOLK JTo,,,,o~gUTHOLD~ Property Tax Service Agency ~JLLAGE~ Riverheo~ L i New Yor~ 365 PROPERTY MA~'