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3144
Southold Town Board of Appeals I~AIN Rr'IAD- STATE Rr'IAD 25 c=r'IUTHr'ILD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3144 Application Dated June 9, 1983 TO: Mr. and Mrs. William Heins Main Road Orient, NY 11957 (Public Hearing 9/29/83) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on October 11, 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 100-30 and 100-31, Bulk Schedule [ ] Request for The public hearing o~this application was held on September 29, 1983, at which time the hearing was declared closed pending deliberations. Upon application for KATHERINE HEINS, Main Road, Orient, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-31, Bulk Schedule, for permission to reseparate two parcels having insufficient area and/or width, located at the north side of Main Road, Orient, NY; more particularly identified as County Tax Map Parcel Nos. 1000-19-2-5 & 6. The board made the following findings and determination: This is a variance from Article III, Sections 100-30 and 100-31, Bulk Area Schedule, which requires a minimum of 80,000 square feet for each parcel of land and a minimum lot width of 175 feet. The applicant presently owns a parcel of land containing approximately 52,000 square feet in area. Applicant proposes a division of this parcel into two lots, the most westerly parcel would contain an area of approximately 33,000 square feet and the easterly parcel would contain an area of approximately 19,200 square feet with 88-foot frontage along the Main (State) Road. Existing at the northwesterly section of the subject premises is a 1½-story, one-family, frame dwelling with accessory garage. For the record it is noted that at a meeting held August 17, 1983, the Southold Town Planning Board disapprovedthe project as proposed. The public hearing on this application before the Zoning Board was held on September 29, 1983, and the board is familiar with the state- ments and circumstances herein. The members of this board have per- sonally visited the site and are also familiar with the property as well as the surrounding neighborhood. A majority of the parcels in the immediate neighborhood contain an area of 40,500 square feet, or more. In considering this appeal, the board determines: (1) that the practical difficulties shown are not sufficient to warrant the granting of this application; (2) that the variance request is sub- stantial in relation to the requirements of the zoning code; (3) that the circumstances are not unique, and that a precedent may be set if granted, for other parcels in the neighborhood; (4) that the relief requested will not be in harmony with or promote the general purposes of zoning; (5) that the interests of justice will not be DATED: October 12, 1983. CHAIRMAN,~OUTHOLD TOWN/~ONI~G~ARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3144 Matter of KATHERINE HEINS Decision Rendered October 11, 1983 served by allowing the variance applied for. Now, therefore, on motin by Mr. Douglass, seconded by Messrs. Grigonis and Goehringer, it was RESOLVED, that Appeal No. 3144, application of KATHERINE HEINS for approval of insufficient area and width of two proposed parcels, BE AND HEREBY IS DENIED. Location of Property: North Side of Main Road (S.R. 25), Orient, NY; County Tax Map Parcel Nos. 1000-19-2-5 and 6. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolution was unanimouSly adopted. P CIglVED AND FILED BY '~I'i~ SOUTHOLD TOWN Cr.F:P,K APPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHAIRMAN CHARLES GRiGON[S JR. SERGE DOYEN JR. ROBERT J. DOUGLASS JOSEPH H. SAWICK Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 c:OUTHOLD, 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, SEPTEMBER 29, . encing at 7:30 o'clock p.m. and as foll~ws: 7:30 p.m. Application of HIRAM F. MOODY, JR., Oceanic Avenue, Fishers Island, NY 06390, for a Variance to the Zoning Ordinance, for an interpretation, of Article III, Section 100-30(A) [2] (b) & (c) to allow the construction of a horse barn on vacant land containing less than 10 acres. Location of Property: Private Road, East End of Fishers Island; County Tax Map No. 1000-10-6-1.7. - %_ ~ Tedeschi, Esq., Front Street, Greenport, NY for a Variance to the / J Zoning Ordinance, Article III, Sections 100-30 and 100-31, Bulk ( ~ S~hedule, for permission to re-sepArate two parcels havin~ insuffi-~ ~cieDt area and/or width, located at the north side of Main Road,f Orient, NY; more particularly identified as County Tax Map Parcel ~os. 1000-19-2-5 & 6. j! 7:40 p.m. Application for EDWIN W. STEWART, 8403 Parish Lane, Indianapolis, Indiana, for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-34, for permission to construct addition to dwelling reducing rearyard setback, at 20 Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-2. 7:45 p.m. Application for JACQUELINE PENNEY, by Garrett A. Strang, Main Road, Southold, NY for a Variance to the Zoning Ordi- nance, Article VIi, Section 100-71 for permission to construct addition with reduction in sideyard setback, at premises zoned "B-1 General Business" and identified as 270 North Street, Cutchogue, NY; County Tax Map Parcel No. 1000-102-5-18. 7:50 p.m. Application of EWALD M. KARBINER, 39 Edgewood Drive, New Hyde Park, NY 11040 for a Variance to the Zoning Ordinance, Page 2 Legal Notice of Hearings & Regular Meeting Southo!d Tow~ Zoning Board of Appeals Article IIi, Section 100-31 for permission to construct addition to dwelling with an insufficient frontyard setback~ at 155 Sunset Path, Southold, NY~ County Tax Map Parcel No. 1000-54-4-33~ 7:55 p.m. Application of ROBERT Jo DOUGLASS~ Willow Terrace~ Orient, NY for a Variance to the Zoning Ordinance~ Article XI~ Section 100-115 for screening around the periphery of the existing junkyard area, at premises located at Willow Terrace Farm. s~ con- taining approximately nine acres and more particularly identified as County Tax Map Parcels No~ 1000-26-2-39o9~ 39~6~ 39~5~ at Orient~ NY. For additional information concerning the above matters~ please contact Linda Kowalski, Secretary~ Zoning Board of Appeals~ at 765-1809 (or 1802)~ Dated: September 13~ 1983. BY ORDER OF THE SOUTHOLD TOW~ BOARD OF APPEALS GERARD P. GOEHRINGER CHAI P~MA~N Instructions to newspapers: Please publish once, to wit: Thursday~ .September 22, 1983, and forward one affidavit of publication to: Secretary, Z.B.A.~ Main Road~ Southold~ NY 11971; tel~ 765-1809, by 9/27° Copies to the following on or about September 20th: Mr. Hiram F. Moody, Jr. Mrs° Katherine Heins Frederick J. Tedeschi, Mr. and Mrs. Edwin W. Mr. Garrett A. Strang, Mr. Ewald M. Karbiner Esq. Stewart for Ms. Jacqueline Penney Mr. Robert J. Douglass John J. Munzel, Esq. ZBA Members Town Board Members Supervisor Town Attorney Mr. Vo Lessard (Building Dept~) Town Clerk Bulletin Board FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ................................ ............ :.., 1:: To.. i ~...~....,.....7/~ .... ........ /.~_~.-~'/~.; ................ ..... .~.....~ ...... PLEASE TAKE NOTICE that your application dated ..... Location o~ Prop~r~ ,:,,~,:~ ~o'-::-?'... · '~' '~?' ~ ......... .b.~ ..................... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~....~.....~....~.~....c~w....¢. .~.....~...~ ...................... ~... ,~...~:-. ...... ,......,~......-~....~.~ ©.. ~:..~.~.../:. ?./.~: .~:.~:. ~(/;.~..~:~...~....,... ~.' .:.. Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK TO THE ZONING BOARD OF APPEALS, TOWN OF~]SOUTI-FOI~D,'N~ · . (no~)n.o~ ............. ................ of ........ ............................. Name of Appelk~nt Street and Number .......................... ..O...:~.'.,.e..~..~ .................................................... N.e..,W,.~.°...~..~.,,~...~/HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ~r¢~ 9, 1983 WHEREBY THE BUILDING INSPECTOR DENIED TO of Name of Applicant for permit ......... Main..~ad ........................... Or£eut ...................... Hew...Ye. rk..ll~5.7... Street and Number Municipality State tX) PERMIT TO USE PERMIT FOR OCCUPANCY Street Use~ Disfric~'3&h'~ Zb~ihg' Mdp Dis.~.,.l.0.Q0., $.e~.~ ,. 1.9., ~l~.~k..Z,...Le L 6 .... Map Nc 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 Ordinance.) lrticl~ 3~ $~ct._ !00-30 ~_d Sect~ !00-3!, B'_'!k apd P~!~C Sah.d,,le 3 TYPE OF APPEAL Appeal is made herewith for (3[).. A VARIANCE to the Zoning Ordinon?e or, Zonin~ Map ( :i. ,~ VAP. IAN,.CE ~4u~ to lack of access (Stat.e,~fc, Near ¥ork~Zo~v,n Law Chap ~..62.£ans La.w.s Art. 16 Sec.= 280A S6bsett, ibnL3 ..... ~ ~ E~ ......... ; : ' ~'~' : 3'r6wo~s 6~p~= :~¢lia~'~0tf 6e~e~m;~a~e'~vitH"respe~}'i:6 t~i~ ~e~is~or of the Building Inspector or with respect to tins property. Such appe~i was f , request for a specia permit (][) request for a variance and was made in Appeal No ................................. Dated ................................... ( ) ( ) REASON FOP, APPEAL A Variance re Section 280A Subsection 3 A Variance to me Zoning Ordinance ,s requested for the feasqn th9t a _pp~a~t wishes :o erect sidle'- f~aily dwelli~ and ~he loc for whi~ th~ ~e~e~ is made is of insufft¢ien~ size and fron~a§e for the erection of a sin. g~..e family dwelling. FmTn (Continue on other side) REASON FOR APPF~kL Continued ,1. STRICT APPLiCATiON OF THE ORDINANCE would produce proctica] difficulties or Unn¢Ces- · ;s~f,/ HARD~H P because the sai~ £o%; ls ~r~sen~iy of ~f~¢zen~ ~z~ ~ be similar to others in ~he area~ 2. The hardship created is UNIQUE and is not shared by ali properties alike in the immediate vicinity of this property and in this use district because ether=o~s ~ ' ~.~ ~he area of ~l~&s.~ ~ ~ ~ size ~d/or squ~e foo~ge are ~rea~y buil~ ~ ~h si~gte f~iy 3 The Variance ~ou[d observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the use we~ be the ~eneral urposes of ~he zonzn~ ordz~ce ~d ~he use ~il ~ot praven~ ~he orderly and reaso~bie use of ad3aoen~ propertles~ To~ ~11 ~ot be adversely affe=ted by ~he proposed use ~d ia~ Ioca~icm~ Yhe character of ~s distric~ is si~lar SS .................... COUNTY ' QF ~SUFFO~ ~: - ......... 5ianoture '~'~ ' ~ar~erzne ~ezns Sworn to this ........ ~...,~ ...................... day 5f .................................................... ]9 8~, ................. .............................. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK In the Matter of the Application of KATHERINE HEINS and WILLIAM HEINS, Petitioners, : For a Judgment pursuant to Article 78 of the Civil Practice Law and Rules, -against- GERARD P. GOEHRINGER, Chairman, CHARLES GRIGONIS, JR., SERGE DOYEN, JR., ROBERT J. DOUGLASS, and JOSEPH H. SAWICKI, constituting the Zoning Board of Appeals of the Town of Southold, Suffolk County, New York, Respondents. NOTICE OF PETITION Index No. S I R S: PLEASE TAKE NOTICE that upon the annexed Petition duly verified on November 7, 1986, and upon the exhibits annexed thereto, an application will be made to this Court at an IAS part at the courthouse located on Griffing Avenue, Riverhead, New York, on the 28th day of November, 1986, at 9:30 o'clock in the forenoon of that day or as soon thereafter as counsel may be heard, for a judgment pursuant to Article 78, Civil Practice Law and Rules, annulling and setting aside the respondents' determination annexed as Exhibit A hereto, which determination denied the area variances requested by petitioners upon the grounds that the respondents' determination and action was illegal, unconstitutional, arbitrary, capricious, discriminatory and constituted an abuse of discretion and directing the respondents to issue petitioners' for such other and further relief as proper. requested variances, and this Court may deem just and PLEASE TAKE FURTHER NOTICE, that answering affidavits if any must be served upon the undersigned at least five (5) days prior to the return date of this petition. Dated: Riverhead, New York November 7, 1986 Yours, etc., ANTHONY B. TOHILL, P.C. Attorney for Petitioners office and P.O. Address 12 First Street P.O. Box 1330 Riverhead, New York 11901 516-727-8383 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK In the Matter of the Application of KATHERINE HEINS and WILLIAM HEINS, Petitioners, : For a Judgment pursuant to Article 78 of the Civil Practice Law and Rules, -against- GERARD P. GOEHRINGER, Chairman, CHARLES GRIGONIS, JR., SERGE DOYEN, JR., ROBERT J. DOUGLASS, and JOSEPH H. SAWICKI, constituting the Zoning Board of Appeals of the Town of Southold, Suffolk County, New York, Respondents. VERIFIED PETITION Index No. Petitioners respectfully allege and show to the Court as follows: 1. That at all times hereinafter mentioned, the Petitioner Katherine Heins is the owner of two parcels of land situate on the north side of the Main Road at Orient Point in the Town of Southold and County of Suffolk, which said premises are improved with a single-family residence occupied by petitioners herei~ and a foundation for a separate single-family residence. 2. That petitioners' premises are known and designated on the Suffolk County Tax Map as parcels 1000-19-2-5 and 1000-19-2-6. One parcel was acquired by petitioner Katherine Heins in 1962, and the other parcel was acquired by petitioner Katherine Heins in 1964, and each parcel has been owned continuously by Katherine Heins since the aforesaid dates. 3. That the petitioner Katherine Heins is 77 years of age, and the petitioner william Heins is 80 years of age, suffering from a heart condition, requiring continuous medical treatment. 4. That the respondents constitute the Zoning Board of Appeals of the Town of Southold. 5. That heretofore and on the 22nd day of March, 1985, pursuant to due and appropriate application therefor, the Building Department of the Town of Southold issued to petitioners building permit number 13778Z for construction of a single-family residence at petitioners' aforesaid premises on a vacant lot adjacent that portion of the aforesaid premises improved by petitioners' existing residence. The building permit pertained to the construction of a smaller single-family one level residence designed and intended to accommodate the limited ability of petitioners to ascend steps or stairs and maintain a place of residence. 6. Prior to obtaining the aforesaid building permit, petitioners acquired Suffolk County Health Department approval for the water supply and septic systems for the subject premises, purchased plans for the proposed residence, signed a contract with a building corporation, and made plans, dependent upon the issuance of the building permit, to sell various items of property. Upon issuance of the building permit, petitioners expended approximately $15,000.00 with the building contractor, removed countless mature trees from the subject premises, destroyed various improvements to the property to be improved by the single-family residence, and irrevocably lost the income petitioners had previously enjoyed -2- from various fruit trees and fruit bearing plants at the subject premises, all of which were removed as an incident of the construction of the single-family residence pursuant to the building permit issued on March 22, 1985 by the Town of Southold. By way of illustra- tion and not limitation, petitioners expended monies as aforesaid with the building contractor, hundreds of dollars for surveys, Health Department permits, Building Department permits, and filing fees. 7. In reliance upon the issuance of the aforesaid building permit, petitioners caused the subject vacant parcel of land to be cleared, a foundation excavated, and a foundation for a single- family residence installed at the subject premises. 8. On December 24, 1985, while the aforesaid new single- family residence was under construction and on the day before Christmas the Building Inspector of the Town of Southold delivered a letter to petitioners revoking the building permit for the reason that the lot area of the vacant parcel at which construction was under way was insufficient. 9. The subject premises consist of a total area of 48,839 square feetwith width or frontage of 242 feet. The pre-existing residence at the subject premises was located on a lot of 27,742 square feet and the new residence for which a building permit had been issued was located on a lot of 18,894 square feet. The pre- existing residence was located on a lot with 133.99 feet of frontage on one road, and 146.53 feet of frontage on another road. The new residence was under construction on a lot with frontage of 88.11 feet. The Ordinance as the result of recent upzonings in this A-Residential/Agricultural zone required area of 80,000 --3-- square feet and lot width of 175 feet. 10. Thereafter, petitioners applied to the Zoning Board of Appeals of the Town of Southold, respondents herein, for dimensional variances with respect to lot area and lot width sufficient to permit the renewal and continuation of the construction under way with respect to petitioners' single-family residence, all in accordance with the building permit approved by the Building Department of the Town of Southold and the Suffolk County Health Department. 11. The petitioners' application was dated December 30, 1985 and submitted on that date. Petitioners' application was first heard by the Zoning Board of Appeals on May 22, 1986. The Zoning Board of Appeals continued to carry this application on its calendar on August 14, 1986 and September 11, 1986, finally rendering a decision on October 12, 1986. 12. That annexed as Exhibit A is a copy of the determination of the Zoning Board of Appeals. 13. That annexed as Exhibit B is a copy of an affidavit submitted by petitioners to the Zoning Board of Appeals on the occasion of the hearing on May 22, 1986. 14. That on May 22, 1986, the record of the Zoning Board of Appeals contained letters and documents indicating that each of the nearby neighbors affected by this application approved of the within application, that the Suffolk County Health Department approved of the within application, and that the local Fire Department, the only municipal or governmental organization uniquely serving the needs of the Orient Point communit~ did not object to the applioation. At the time of the hearing on May 22, 1986, Victor Lessard, the -4- Building Inspector of the Town of Southold who issued the Notice of Disapproval on December 24, 1985 (see annexed Exhibit C) was present sitting with the Zoning Board of Appeals, but remained silent throughout the entire hearing. 15. That throughout each of the appearances by petitioners before the respondents, no person spoke at any time excepting petitioners or representatives of petitioners, and no evidence, testimony or proof of any kind was submitted or testimony taken excepting from petitioners. 16. That at one of the hearings on this matter, the respondents requested that the applicants amend their application so as to (a) change the frontage on the parcel where the house was under construction from 88.11 feet to 108.11 feet, (b) change the frontage on Main Road on the pre-existing dwelling from 153.99 feet to 133.99 feet, (c) obtain by new survey the dimension between the new division line between the two parcels and the pre-existing small frame accessory structure at the rear of the main residence, (d) show on the new survey each of the pine trees, plum trees, berry trees, cherry trees, apple trees, eucalyptus trees and walnut trees that would remain at the location of the (i) proposed division line between two parcels under the survey submitted with the original application and (ii) proposed new division line as per the revisions requested by the respondent Zoning Board of Appeals. 17. At substantial additional expense and with four months additional delay, petitioners obtained a new survey from the surveyor and submitted same to the Zoning Board of Appeals. -5- 18. On September 11, 1986, petitioners again appeared before the Zoning Board of Appeals, at which time the Chairman of the Zoning Board of Appeals stated on the record to petitioners and all present at the public hearing that he had met with the Planning Board of the Town of Southold and that petitioners would receive from respondents shortly a decision indicating without any equivocation and without any doubt that the Zoning Board of Appeals over which the said chairperson was the presiding officer would approve the subject application shortly. No other person spoke. No person in the audience spoke. All present left the meeting assured effectively by the chairperson that the variances required would be approved and a determination rendered within a brief period. 19. That on October 12, 1986 annexed Exhibit A was given to the Building Inspector. No copy has yet been mailed by any agency of the Town of Southold or respondents to either petitioners or any representative of petitioners in distinction to the customary administrative practice. 20. That the subject premises are located on the northerly side of Route 25 which is the main east/west State highway extending through East Marion, Orient and Orient Point enroute to the Orient Point Ferry, and the eastern terminus of the north fork of Long Island. The westerly side of the subject premises is the Old Main Road. The premises are located in an isolated area essentially unimproved except on a scattered basis without any pattern whatsoever. There are no planned residential subdivisions in the immediate area of the subject premises, and the parcels, both improved and -6- unimproved, largely if not entirely pre-exist in area the adoption of any zoning ordinance. 21. That the finding of the Zoning Board of Appeals at paragraph 12 of the annexed Exhibit A is without any basis in the record anywhere and has no significance to the extent that the finding itself indicates that there is no pattern of land develop- ment in the vicinity of the subject premises and that in fact the subject premises and surrounding area are without any character of development. 22. That paragraph 13 of annexed Exhibit A states that the applicants' requests for relief will result in 73% coverage of the new easterly parcel where a house consisting of 2,608 square feet and garage of 728 square feet, or a total of 3,336 square feet, was under construction and then stopped on Christmas Eve, 1985. The subject easterly parcel consists of 21,097 square feet. 73% of 21,097 square feet is 15,401 square feet. The house and garage under construction as aforesaid is 3,336 square feet. The percentage of lot area improved by the house and garage under construction therefore is not 73%, but 15.8%. The premises are located in an A-Residence/Agricultural district. In that district and in every district of zoning classification under the Zoning Ordinance of the Town of Southold, there is a concept contained in the Zoning Ordinance entitled in the Bulk and Parking Schedule as "Lot Coverage" (percent) which in the Bulk and Parking Schedule says "maximum permitted". The only application of the concept is to state a percentage and the maximum of that percentage permitted. In this, district that percent is 20%. There is no other application of -7- the concept anywhere in the Southold. equal to or is 20%, one Zoning Ordinance of the Town of If one then is building with a percent of lot coverage less than the maximum permitted, which in this case is permitted as a matter of law to do what one is doing. 23. The error continues with r~pect to the westerly parcel. There the main house is 1,200± square feet, the cottage is 800± square feet, the garage is 240± square feet, and the shed is 100± square feet. The total square footage of lot coverage by reason of all improvements on the westerly parcel is 2,340 square feet. The area of the westerly parcel is 27,742 square feet. Paragraph 13 of the Zoning Board determination annexed as Exhibit A states that the westerly parcel percentage of lot area is at 65%. 65% of 27,742 is 18,032 square feet. total 2,340 square, or total 8.43%. In fact, all of the improvements percentage of lot area coverage of 24. After making what purport to be findings in paragraphs 12 and 13, each of which are erroneous and without any basis in the records, the respondents cease making any further findings and conclude that the relief requested is substantial, the difficulties claimed do not warrant relief, the character of the area would be adversely affected, the variance will cause a substantial effect on the health and welfare of the community, and that the interests of justice in this particular case based on these particular facts, as if this case and these facts were presented day in and day out before zoning boards in the Town of Southold and elsewhere, would not be served by granting the variance and that the interests of. justice under these particular facts is best served by denying -8- any area variances. There is virtually no support, not even a suggestion of support, in the record anywhere to support any of the conclusions. There isn't even any relationship between the conclusions listed as A, B, C, D and E in annexed Exhibit A and any of the 13 preceding numbered paragraphs in annexed Exhibit A. 25. Petitioners respectfully submit that the petitioners clearly and without doubt demonstrated practical difficulty in making petitioners' presentation to the respondent Zoning Board of Appeals. Further, petitioners respectfully submit that the issuance of a building permit by the Town of Southold Building Department and the reliance of petitioners thereon in expending monies and causing the construction of a residence to commence, resulted in a proper change of circumstances sufficient to permit the granting of the variance relief sought by petitioners from respondents, notwithstanding any prior determination of the Zoning Board in 1983. 26. Petitioners respectfully submit that the respondent board improperly failed to recognize that financial hardship may be considered in determining whether practical difficulty exists. 27. Petitioners respectfully submit that the respondent board failed, once petitioners~ demonstrated practical difficulty, to meet the shifted burden to support that the denial of the variance was required by the public health and welfare. There is not a single trace of a single word at any time by any representative of the Building Department of the Town of Southold within the record of proceedings before the respondent Zoning Board of Appeals. 28. That petitioners respectfully submit that given the absence of any unique or special or noteworthy character of -9- the area of petitioners premises excepting as a main thoroughfare the granting of the relief requested herein would not alter any "essential character of the neighborhood", since there is no essential character to the neighborhood and the respondent Zoning Board of Appeals abused its discretion in failing to provide any relief to petitioners, and respondent Zoning Board failed to base its determination upon any evidence or proof in the record that the denial of the variances sought was required by the public health, safety and welfare. 29. That the Board's decision and denial of the petitioners' variance application was affected by error of law, was illegal, unconstitutional, arbitrary, capricious, discriminatory, was not supported by substantial evidence constituting an abuse of discretion, and was an unconstitutional application of the Zoning Ordinance of the Town of Southold. 30. That said determination finally affects the rights of the petitioners herein with respect to the matters which petitioners request the Court to review and cannot be adequately reviewed by appeal to a court or some other body or office. Said determination has not been made in any civil action or criminal proceeding. 31. That no prior application for the relief sought herein has been made to this or other court. WHEREFORE, petitioners respectfully request that the determination of the respondents be reversed and that the respondents be directed to issue variances from the applicable provisions of the Town of Southold, including lot frontage, lot area and lot depth sufficient to permit the construction of a single-family -10- residence on the easterlymost parcel of the within application, together with such other and further relief as to the court may seem just and proper. Dated: Riverhead, New York November 7, 1986 ANTHONY B. TOHILL, P.C. Attorney for Petitioners Office and P.O. Address 12 First Street P.O. Box 1330 Riverhead, New York 11901 516-727-8383 -11- VERIFICATION STATE OF NEW YORK ) : SS.: COUNTY OF SUFFOLK ) ANTHONY B. TOHILL, being duly sworn, deposes and says: 1. That I am the attorney of record for the petitioners in the within proceeding. 2. That I have read the foregoing petition and know the contents thereof. That the same is true to my own knowledge except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. 3. That the reason this verification is made by me and not by Katherine Heins and William Heins is that neither Katherine Heins nor William Heins is located in the County of Suffolk. 4. That this verification is made further for the reason that all of the material allegations of the pleadings are within the personal knowledge of the undersigned, in accordance with Section 3020(d) (3) CPLR. Sworn to before me this 7th day of Novembe~r, 1986. Notary Public ANTHONY B. TOHILL Southold Town Board of Appeals I~AIN RnAD- f4TATE RnAD 25 SOUTHOLD, L.I.0 N.Y. 119';1 T£LEPHONE 1516~ 765-180D ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3477 Application Dated February 28, 1986 TO: Anthony B. Tohill, P.C. as.Attorney for MR. AND MRS. P.O. Box 744 Riverhead, NY llgO1 WILLIAM HEINS IAppellant(s)] At a Meeting of the Zoning Board of Appeals held on the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to ProDcrty 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 ]00-3], Bulk Schedule [ ] Request ~or Appeal of WILLIAM AND KATtlERINE IIEINS for a Variance to the Zoning Ordinance, Article II~--~-~ct'~-6-6-'~O~3~bu~k Schedule, for approval of insufficient area, width and depth of two parcels in this proposed division located along the north side of Main Road, Orient, NY; County Tax Map Parcels No.. 1QO0-19-2-5 and 6. WHEREAS, public 1986, August 14, 1986, and September ll, 1986, at which time hearing was officially concluded; and WHEREAS, at sai~ hearings all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has ~arefully considered all testimony and documentation submitted concer, ning this application; and WHEREAS, the board members have personally viewed and are famt]iar with the premises in question, its present zoning, and the surrounding areas; and~. WHEREAS, the board made the following findings of fact: 1. By this application, appellants request Variances from Article III, Section lO0-31, Bulk Schedule of the Zoning Code which requires: (a) a minimum lot area of 80,000 sq. ft., (b) a minimum lot width [frontage] of 175 feet, and (c) a minimum lot depth of 250 feet. 2. The property in question contains a total area of 48,839 sq. ft., total lot width (frontage) of 242.10 feet, and average lot depth of 220.07 feet. The subject premises hearings were held on April 3, 1986, May 22, the (CONTINUED ON PAGES TWO AND THREEI DATED~ October 12. 1986. CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3477 Matter of WILLIAM AND KATHERINE HEINS Decision Rendered October 10, 1986 is improved with the following structures: (1) l~-story framed, single-family dwellSng, (2) nonconforming frame cottage, (3) accessor~ shed,(4) accessory garage, all as shown by survey map prepared July 2, 1986 by Roderick Van Tuyl, P.C. The premises was conveyed to Katherine Heins by deeds: (al at Liber 5129 cp 89 dated January 31, 1962 by W.C. Duvall, and (b) at Liber 5487 cp 4B? dated 3, 1964 by W.C. Duvall. 3. Appellants request area variances of two proposed parcels in this pending division of land as follows: (al the westerly portion of 27,742 sq. ft. in area, 133.99 feet along the Main Road and 146.53 feet along the Old Main Road, and 193.62 feet in depth, retaining the two existing residential dwelling structures and accessory storage buildings; (b) the easterly portion of 21,097 sq. ft. in area, lot width of lO8.11 feet and average lot depth of 242.11 feet. It appears that the nonconforming status of the existing dwellings will not be upgraded by this application, and a third dwelling structure is anticipated. 4. On October I1, 1983, under At)peal No. 3144, appel- lants were denied area variances in a proposed division of this property for the reasons stated therein; and on November 1983, tile Suffolk County D~partment of Planning disapproved same after review in accordance with the requirements of the Suffolk County Charter. To date, there has been no change concerning these actions. 5. On October 16, 1984, the Suffolk County Department of Health issued approval.of construction after application by the appellant(s) for the proposed new dwelling under #14-S0-208. 6. On March 22, 1985, a building permit was issued by the Town Building Department after application by the appellant(s) for a new single-family residence under #13778Z, on a parcel of an area of 18,984 sq. ft. as shown by the building-permit application and survey prepared October 12, 1984 by Roderick VanTuyl, P.C. 7. On NJvember 29, 1985, Long Creek Homes was engaged by the applicants, who advanced to him a check of $11,983.00. 8. By early December 1985, the lot had been cleared and a portion of the footings installed. There has been no other construction to this date. g. On or before December 24, 1985, Building Permit #13778Z was properly revoked by the Building Depantment. lO. On February 28, 1986, this application for a variance was filed in complete form with the .Southold Town Clerk for processing by the Board of Appeals. ll. It is furthe~ noted for the record that to date no subdivision or set-off approvals have been rendered by the Southold Town Planning Board, concerning this pending division of land. 12. In viewing the character of the area, the board finds Page 3 - Appeal No. 3477 Matter of WILLIAM AND KATHERINE HEINS Decision.Rendered October lO, lg86 a majority of the parcels in the area contain an area of 40,500 sq. ft. or more: (al to the north, a 3.3-acre parcel, {b) to the east, a 1.6-acre parcel, (c) directly south alon§ the south side of the Main Road, an 18.2-acre parcel, (d) west of the westerly side of the Old Main Road, a 1.9-acre parcel; (el two lots east, a 40,500± sq. ft. parcel, and a 44,000t sq. ft. parcel. 13. The percentage of the lot area required in the zoning code by this application is: (al 73% for the proposed easterly parcel, (b) 65% for the proposed westerly parcel. In considering this application, the board also finds and determines that: (al the relief requested is substantial in relation to the requirements, (b) that the difficulties claimed are not sufficient to warrant a granting of the relief requested, (c) the character of the immediate area would be adversely affected by the granting of the variance, (d) the variance will in turn cause a substantial effect on the safety, health, welfare, comfort, convenience, order of the town, (el in view of the manner in which the difficulties arose, the interests of justice will best be served by denying the variances applied. ~ Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3477 in the Matter of the Application of WILLIAM AND KATiIERINE HEINS BE AND HEREBY IS DENIED. Vote of the Board: Douglass and Sawicki. absent due to illness.) Ayes: Messrs. Goehringer, Grigonis, (Member Doyen of Fishers Island was This resolution was duly adopted. lk GERARD P. GOEHR~N~T, '~MAN October 12, 1986 BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter of the Petition of : WILLIAM AND KATHERINE HEINS. : AFFIDAVIT STATE OF NEW YORK ) COUNTY DF SUFFOLK WILLIAM HEINS and KATHERINE HEINS, being severally sworn, depose and say: 1. That they are the petitioners herein and that they reside at Main Road at the intersection of Old Main Road at Orient Point in the Town of Southold. 2. That Katherine Heins purchased the subject premises as two parcels in 1962 and 1964 and annexed as Exhibits A and B ere copies of the respective deeds of purchase. One parcel is designated as SCTM 1000-19-2-5 and the other parcel is designated as SCTM 1000-19-2-6. Each parcel has always received a separate tax invoice from the Town of Southold. 3. That your deponent Katherine Heins is 77 years of age and your.deponent William Heins is 80 years of age and suffering from a heart condition which has in recent years received continuous medical treatment. 4. That our present place of residence is a large two- story wood frame structure more than 100 years old. By reason of advancing age and failing health, your deponents have been unable to care for, maintain and manage our present residence since it is too large. Our present residence has three different sitting rooms, a large kitchen, a dining room and a laundry room, a series of pantries and greenhouses and the entire second floor is a series of bedrooms. In view of the age of the residence, the upkeep is constant and the house is not improved with the maintenance amenities of modern houses. As a result of the foregoing, your deponents applied for a building permit from the Southold Building Department in early 1985 and Building Permit number 13778Z was issued for construction of a single-family residence on March 22, 1985. 5. That annexed as Exhibit C is a survey of all of our property including the parcel with 88+ feet of frontage on Main Road, which is the parcel on which the building permit for a small residence for our remaining years was issued. 6. That the existing residence parcel consists of 29,855 sq,,~re feet and the new parcel consists of 18,984 square feet. 7. That annexed as Exhibit D is a copy of the surYey from the Suffolk County Health Department files indicating the approval on October 16, 1984 of the Suffolk County'Health Department to the construction of the proposed residence on the vacant parcel known as SCTM 1000-19-2-6. Said survey also shows on SCTM 1000- 19-2-5 our existing residence and compliance wi~h the various setback requirements under; Article Code. 8. That our attorney has Royal R. that no 6 of the Suffolk County Sanitary confirmed by telephone with Reynolds, P.E. of the Suffolk County Health Department · additional Health Department approvals are necessary with -2- respect to the subject division of proper~y or construction of the proposed residence beyond the approvals depicted on Exhibit C. 9. That your deponents then caused the removal from the vacant parcel of 60 fruit bearing peach trees, 150 spruce trees, 250 boxwood bushes, 20 gooseue£ry bushes, 6 currant bushes, 2 grapevines, 1 large fruit bearing plum tree, 2 large fruit bearing pear trees and 5 beehives. These trees and bushes and plants were placed on the property and maintained on the property since our residency here starting in 1962. 10. Below is a picture depicting a portion of the main residence showing the style of landscaping on that parcel. -3- 11. Below is a series of five photographs showing the various plantings, including those described as removed in the preceding paragraph, permit. as a result of the issuance of the building -4- 12. That when your deponents applied for the building permit we had assumed that the zoning about which we read about in the weekly newspapers all the time had changed in our area to permit the issuance of the building permit. We did not know when we met with Mr. Lessard, the Building Inspector, that our property remained in a status requiring 40,000 square feet for each buildable parcel. We did know from the newspapers that the Town was reviewing zoning and it was on the basis of the weekly newspaper coverage and the construction of a new nearby residence on Main Road on an undersized parcel similar to our situation that we applied for a building permit. 13. After the building permit was issued, we engaged Long Creek Homes Inc. (Larry Liso) and advanced to him a check in the sum of $11,983.00 on November 29, 1985. 14. We expended $1,000.00 for the removal of trees from the vacant parcel and we, of course, lost the use and continued enjoyment of the crops yielded by these fruit trees which heretofore has served as a principal means of our income and sustenance each year. 15. We paid $371.80 in April, 1985 to the Building Department on account of the building permit, we paid $200.00 to Mr. Van Tuyl on account of surveys for the building permit, and we paid $140.00 to the Suffolk County Health Department as required for their permit. 16. By early December, 1985, the lot (SCTM 1000-19-2-6) had been cleared and as is depicted in the next four photographs, the excavation had been completed and the footings completely installed. -7- 17. On Christmas Eve 1985 we received a letter from Mr. Horton, the Building Inspector, advising us that the construction of our new residence must discontinue, and a copy of Mr. Horton's letter is attached as Exhibit E. -8- 18. That upon inquiry of Mr. Horton and Mr. Lessard we were advised that the Building Department had made an error in issuing the building permit and that unless a variance were granted from the Zoning Board our lot was undersized and variances III, Section 100-31 of the Zoning Ordinance were under Article necessar~, 18. That your deponent's have heretofore forwarded to Mr. Goehringer, the Chairman of the Zoning Board of Appeals, the original copies of letters from William Tuthill, our immediate neighbor to the east, and from W.C. Duvall, our immediate neighbor to the north who are our only neighbors, advising the Zoning Board that they have n o objection to our application for variances to build our home. 19. That annexed as Exhibit F is a copy of a letter from the Chief of the Orient Fire Department indicating that he has no objection to the construction of our home or the granting of these variances. 20. We have now expended additional monies on account of additional surveys from Van Tuyl, additional monies to the builder on account of the work completed prior to the stop work order, and additional fees to the Town Planning Board and Zoning Board as well as our attorney for the filing of this application for variance relief~ 21. That your deponents are aware that relief of the nature sought herein has been granted to others in the same area and do not understand, given the lack of objection and instead. the presence of support from our neighbors, how this matter has -9- become so complicated. We have owned our property for many years and we do not wish to move to a nursing home or a retirement community leaving behind the peace and security that we have enjoyed for more than 25 years. We applied for a building permit and relied upon the expertise of the Building Department in determining whether or not we were eligible fo~ a building permit. Our property is on the Main Road and the issuance of the building permit was noted in passing in the Suffolk Times. The removal of the shrubbery and trees and the excavation work did not occur over night and the installation of the footings was the last step in a long process which, all other things being equal, would have resulted in our actual occupancy of our new home by this date, May 22, 1986. 22. We do not engage in the illusion that we will live forever, but we do wish to prolong our respective lives by a reduction in the maintenance obligations associated with the maintenance of our current home which is beyond our ability and reserves of strength. Our bedroom is on the second floor of the residence reached by a narrow pre-code set of stairs and we are concerned that our health, particularly in an emergency situation, would be endangered by a continuation of our present style of living. 23. The Suffolk County Health Department does not object to our application. The local Fire Department does not object to our application. Our neighbors do not object to our application. We know of no one who objects to our application. If there is no one who objects to our application and if we have been displaced to the extent that we have as a result of our reliance on the building permit an~ the direction of the Building Department, -10- we are asking the Board of Zoning Appeals in its discretion to issue the requested area, width and depth variances to permit the resolution of the construction of our residence without further delay. Sworn to before me this 22nd day of May, 1986. WILLIAM HEINS KATHERINE HEINS No1 52 I ? ..c L.I t? VE'~/ E.g / It'ls ~th.e .applicant's re~on$1.b, lll. ty to m~|ntaln./seeq~.Jate SF, f.,'d~ry alSO,hoe between.' all w~t¢.r supj~ly'and :ewage dispo,~l faciiit:es...." . DIST. -RI'CT BLOCK OWNERS ADDRESS: · --~-,~-,T~_N_', ... ,, DEED: L.c ~~z TEST HOLE STAMP SEAL 1971 Hr--,. He.i. ns I,~aIL,~ ,B, omd December 23, 198~ Z am very SO~ry -to:inform 7ou that your Build- ing Fermit I~3778Z issueg ~ar~ 22, ~985 for the con- ~truction of a one Family dwellinE, located at ~ain Road, Orient, io hereby revoked. (Art. B Revocation of Fermit) The reason for this action is because it has come to our attention that your appZication to the Board of Appeals to resepara~e two parcels having sufficient area and/or width identified on the'County Tax Map Farcel No.*s 1000-19-2-5 & 6. ~ppeal No. 31~ was denied, Dated Oct. 1], Do not proceed any further on this construction. CWH: hdv Zoning Board of Appeals Victor Lessard, Building Dept. Yours truly, Curtis W. Horton ~uildi~g & Ordinance Inspector EXHIBIT TOWN OFSOUTHOLD BUILDING DEPARTMENT TOWN CLERK'SOFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ...c~ ~.,..~: ~.. .................. PLEASE TAKE NOTICE that your application dated .3~,~ ~..~. · · .~.~. ........ 19 ..... for permit to ~ .~..~,s.-~o0~ ~ . at Location of Property . .'~...~..~'. House No. Street County Tax Map No. 1000 Section .... .Q.I..~ .... Block ..... O. ~ ..... Lot .'..~'~ ?..~. ...... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds...~... '..~...~..~..~'~tx. J.O.6 .-.~ . .~... ,~. ~..~.. ~..~..~ ~.. ~..~..6~,,L,~ ~.:..~ ..o~ ~.~. ...~,~...% ......... ~ ........... ~... ~e ........................ Building Inspector RV 1/80 Sir>Please take notice that the within is a (certified) true copy ora duly entered in the office of the clerk of the within named court on 19 Dated, ANTHONY B. TOHILL, P.C. ,~ttorney for Office and Post Office Address BOX 1330 12 FIRST STREET To Attorney(s) for Sir>Please take notice that an order of which the within is a true copy will be presented for settlement to the Hon. one of the judges of thc within named Court, at on at M. Dated, Yours, etc., ANTHONY B, TOHILL, P.C. Att~orney for Office and Post Office Address BOX 1330 t 2 FIRST STREET RIVERHEAD, NEW YORK 119OI 19 To Attorney(s) for Index No. Year 19 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK In the Matter of the Application of KATHERIN HEINS & WILLIAM HEINS, Petitioners, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, -against- GERARD P. GOEHRINGER, Chairman, et al., constituting the Zoning Board of Appeals of the Town of Southold, Suffolk County, New York, Respondents. NOTICE OF PETITION ANTHONY B. TOHILL, P.C. Attorrteyfor Petitioners Office and Post Office Address, Telephone BOX 1330 12 FIRST STREET RIVERHEAD, NEW YORK 11901 516--727-8383 To Attorney{s) for Service of a copy of the within Dated, is hereby admitted. Attorney(s) for STATE OF NEW YORK, COUNTY OF ss.: I, the undersigned, an attorney admitted to practice in the courts of New York State, [] 9yCertificati°nAttorney certify that the within ~ has been compared by me with the original and found to be a true and complete copy. [] Att0tnep's state that I am A~rmatien the attorney(s) of record for ~ in the within action; I have read the foregoing and know the contents thereof; the same is ~ true to ~ny own knowledge, except as to the matters therein stated to be alleged on informatLon and belief, and as to those matters I believe it to be true. The reason this verification is made by me and not by The grounds of my belief as to all matters not stated upon my own knowledge are as follows: I affirm that the foregoing statements are true, under the penalties of perjury. Dated: Individual Verification STATE OF NEW YORK, COUNTY OF s$.: being sworn, say: I am m~ [] in the within action; I have read the foregoing _- and know the contents thereof; the same is true to my own knowledge, except as to ~ the matters therein stated to be alleged on informt~tion and belief, and as to those matters I believe it to be true. ~ a corporation and a party in the within action; I have read the foregoing and know the contents thereof; and the same is true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. This verification is made by me because the above party is a corporation and I am an officer thereof. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: Sworn to before me on 19 The name signed must be printed beneath STATE OF NEW YORK, COUNTY OF I, of age and reside at On 19 By Mail S~rvice on Individual being sworn, say; I am not a party to the action, am over 18 years I served the within by depositing a true copy thereof enclosed in a post-paid wrapper, ~n an official depository under the exclusive care and custody of the U.S. Postal Service within New York State, addressed to each of the following persons at the last known address sat forth after each name: by delivering a true copy thereof personally to each person named below at the address indicated. I knew each person served to be the person mentioned and described in said papers as a party therein: Sworn to before me on 19 The name signed mud be printed benuth Southold Town Board of Appeals IdAIN ROAD-STATE ROAD 25 SDUTHDLD. L.I.. N.Y. 11~71 APPEALS BOARD ., MEMBERS TELEPHONE {516) 765-1809 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI February 19, 1986 Anthony B. Tohill, Esq. 6 East Main Street, Box Riverhead, NY ll901 744 Re: Property of Katherine and Williams Heins Area Variance Proposal Main Road, Orient Dear Mr. Tohill: This letter will confirm our telephone conversation with your secretary today that an area variance has not as of this date been filed concerning property of Mr. and Mrs. Heins (excepting Appeal No. 3144 denied 10/11/83). Mr. and Mrs. Heins have been given complete sets of forms, and it was our understanding that they would be consulting with you. Also, there appears to be an application pending with the Planning Board for division of land. lk Please le-t us know if we may be of further assistance.. Yours very truly, //~/ CHAIRMAN ~ ANTHONY ]3. TOHILL, P. (3. February 18, 1986 Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 RE: Katherine Gentlemen: and William Heins Minor Subdivision Application 34685 Main Road, Orient SCTM: 1000-019-02-5 and 6 I represent Mr. and Mrs. Heins who have filed an appli- cation for area variances in December on or about December 26, 1985, with respect to property at Main Road, Orient. Could you advise whether the file is complete and could you further advise an estimate with respect to the hearing date. Thank you. ABT:pk Very truly yours, Anthony B. Tohill TOWN OF $OUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 December 22, 1985 Mrs. Heins Main Road Orient, N.Y. 11957 Dear Mrs. Heins: I am very sorry to inform you that your Build- ing ?ermit #13778Z issued March 22, 1985 for the con- struction of a one family dwelling, located at 34685 Main Road, Orient, is hereby revoked. (Art. 100-142- B Revocation of ?ermit) The reason for this action is because it has come to out' attention that your application to the Board of' Appeals to reseparate two parcels having in- sufficient area and/or width identified on the County Tax Map }'arcel No.'s 1000-19-2-5 & 6. Appeal No. 3144 was denied, Dated Oct. 11, 1983. Do not proceed any further on this construction. Yours truly, CWH: hdv ~/Zoning Board of Appeals Victor Lessard, Building Dept. Curtis W. Horton Building & Ordinance Inspector DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PETER F. COHAL.AN SUFFOLK COUNTY EXECUTIVE November 3, 1983 Mr. Gerard P. Goehringer, Chairman Town of Southold Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Re: Application of "Katherine Heins" (#3144) Town of Southold (SD-83-19). Dear Mr. Goehringer: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on November 2, 1983 reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following: ~ 1. It would only tend to undermine the effectiveness of the zoning ordinance; 2. It would alter the character of the area and establish a precedent for continued undersized lot patterns in the locale; and 3. There appears to be no demonstrable grounds of practical difficulty or unnecessary hardship at the site. Very truly yours, Lee E. Koppelman Director of Planning Gerai'd~G. Newman Chief Planner GGN:jk Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article III , Sections 100-30 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit & 100-31 Appeal No.: 3144 Applicant: KATHERINE HEINS Location of Affected Land N/s Main Road, Orient County Tax Map Item No.: 1000- 19-02-05 and 06. Within 500 feet of: Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant i~~~i~ was denied permission to reseDarat¢ two parcels havinq insufficient area and width. Copies of decision and minutes are also enclosed. Copies of Town file and related documents enclosed herewith for your review. Dated- October 13, 1983. Secretary, Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHR1NGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN RnAD- STATE ROAD 25 SOUTHOLD, L.h, N.Y. 11971 TELEPHONE (516) 765-1809 October 13, 1983 Mr. and Mrs. Main Road Orient, NY William Heins 11957 Re: Appeal No. 3144 Dear Mr. and Mrs. Heins: Attached hereto is a copy of the formal findings and determination rendered by the board at its Special Meeting held on October 11, 1983, for your record. Yours very truly, Enclosure Copy of decision to: Building Department Planning Board Frederick J. Tedeschi, Esq. GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Secretary TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOL-D, N.Y. '"~ ' :' '-: -:.~ ,.i>, ,, (no,~n ~ ............. ............... of ........ aai .. oad .............................................. Name of Appella,nt Street and Number .......................... ..O.r.:i.e-~..~ .................................................... N.e...W..~.o...~..~....~...~IEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED lv~t'ch 9, 1983 WHEREBY THE BUILDING INSPECTOR DENIED TO of Name of Applicant for permit ......... lViain..l[aad .......................... .Or£ent ...................... liew...Yo=k..l1951.. Municipality State Street and Number (X) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY · , . , i :' ~! ., . '' : ' ................................................... : ........ ;...:: ............. .:..; L,.,i .... Street Use~ District tSh,Zo~ng Map Pi,~ .C...L0.O 0., $.eO.t~, 1.9., l~ lO.~k.. Z,...Lo ~,..6 .... Mop 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 Ordinance.) irticl~ 3; .~ct_; 1~fl.3~) ~.d ._ceet= !00-3!~ _R1J!l~ nnd _Pn~-lrt_~ .cleh~dt,l~-- 3. TYPE OF APPEAL Appeal is made herewith for A VARIANCE to the ,Zoning Ordinance or Zoning Map (X) . ~, ': t : , :~ : , / A, VA.RIANCE due to lock of access (State of New _York. Town Low Chap 62 ./Cons. Lows Art. 16 Sec~ 280A Subsection* 3 i ~. * ,t;: .... i~4' ::.'~ ,.'~ :' ... ~, .~ , 4. PREVIOUS APPEAL A previous 6ppeal :](tl~(has not) been made w~th respect to tHi~ decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ('X) request for a variance and was mode in Appeal No ................................. Doted ...................................................................... ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that applutcaat wishes r.o erecL sinsle family d~ellin~ and ~he loc for which the *reques~ is made is of insufficient size and frontage for =he ere¢=ion of a sin~e family dwelling. Foden Zl~l (Continue on other side) REASON FOR APPEAL Continued ]. STRICT APPLICATION OF THE ORDINANCE would produce procticol difficulties or unneces- :,~.sc~y HARD~]Pbecause the said lot is presently of insufficient size and " "'~ontage ~ccordin~ to ordi~ce requir~n~s ~d the proposed lo~ ~uld be similar to o~hers in the a~ea. 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 other lots in the &rea of Sili~Llar size and/or sqtmre fool ge are already built up , rl. th single fn i. ly residential d~ellings sim/lar, rto~ch applicant intends to erect on the subject premises. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the llse woul. d be in h&zlilony -,nd. th and promote the general purposes of the zoning o.rdinance and the use will not prevent the orderly and reasonable use of ad3acent properties. The safety, health, welfare~ comfort and convenience and order of the Town will not be adversely .affected by the proposed use and its location. The character of this distrzct is similar, to the applicant's proposed use. STATE OF NEW YORK ) ) SS .'J:.'..~ . ;COUNTY ~:~:::QF SUFF. OLI~. ):~ :"_:i'~:. , .: .:: :.!.~ ,' :.. Kai~,erineSi~t~i · ~ ' ~ i ; .:. ~-!~,:"-' ~ d' '~ ' :' ~ ~ ', .~.~; ~ .: .: ~ Sworn to this ............................................ day df ........................................................ ~9 83~' -~ / ...... BOARD OF APPEALS, TOWN OF SOUTHOLD ~'lnthe Mattel' of th~ Pefi~ion of to ~ ~d of Ap~a~ of ~be To~n of S~hold TO: ~ ~. ~ill ~s~te 21 Co~t~ Club Road Bellport, New York 11713 NOTICE llilbur Duvall ~n Road Orients New York 11957 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 (Variance) (~lO~a~lal~l~-(Special Permit) (the following relief: Pezla:Lss:Lon to use the subject or-mines for the erection oi a steele f~tly d~lling. I. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: n/s Main Road; Orient; New York 11957.. L~n~m on ~h~ ?~ ~ U District 1000, Section 19, Block 2, Lot 6, /,J 3. That the oroperty which is the subject of such Petition is located in the following zoning district: "A" Residential and i&ricultural, 4. That by such Petition, the undersigned will request the following relief: ~£nEle fmni_].y ciw~lllng nn ~alct That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article ITT~ Section 109-30 and 100-31.. 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. 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 hea~tn~ jn the,,$~ffad~iTi~ e~lhi~..~le~ Long Island Traveler-Mattituck Watchm~l%: mWvepaperssplub~shed in the Town 6f 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 .... : ,,. L june ~, 1983, Dated: / PostOffice Address Main RnAd - Rnx 6IR Orient, New York 11957 PROOF OF MAILING OF NOTICE NAME ADDRESS Rufus W. Tuthill Estate 21 Country Club Road Bellport, Ne'~ York 11713 Wilbur Dural 1 MaEn Road Orient, New York 11957 9L6! ud¥ '008[ tu~Ocl Sd WILLIAM XEIN$ , residing at _ ,Orlent~ Ney York 11944 , being duly sworn, deposes and says that on the ~ day of .]'~t~e ,19 83 , 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- ficeat _ Clrle. n~.: ; N~ York ;thatsaid Notices were mailed to each of said personsby (certified) (:111~ mail. Sworn to before me this day of Jtme : Notary ?ubHc William Xeins JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 June 9, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appe~al No. 3144 application of Katherine Heins for a variance. Also included is' 'no~ificati'on to adjacent property owners; Short EnvSronmental Assessment Form; Letter relative to N,Y.S. Tidal Wetlands Land-Use; Notice of Disapproval From the Building Department; and survey. Southold Town Clerl~ Southold Town Board of Appeals -2- September 29, 1983 (AppeaI No. 3166 - HIRAM F. MOODY, JR., continued:) MR. CHAIRMAN continued: Regular Meeting what the barn will look like, but it's without dimensions. Thank you. Hearing no further comments, I'll make a motion closing the hearing and reserving decision until later. MEMBER GRIGONIS: Second. On motion by Mr. Goehringer, seconded by Mr. RESOLVED, to close the hearing and reserve decision until later in the matter of Appeal No. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3144. Application for KATHERINE HEINS, by Frederick J. Tedeschi, Esq., Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-31, Bulk Schedule, for permission to re-separate two par- cels having insufficient area and/or width, located at the north side of Main Road, Orient, NY; County Tax Map Parcel Nos. 1000-19- 2-5 & 6. The Chairman opened the hearing at 7:40 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey from Otto W. VanTuyl and Son, dated October 24, 1961 indicating the nature of this particular property which does not show square footage; however, has frontage on Main Road of .084 feet and a distance on the east side of 264.16 feet. Would somebody like to be heard? Would you state your name, please Sir? WILLIAM HEINS: I'm William Heins, Katherine Heins' husband. We would like very much to build on property because we bought it for that purpose some years back, that we could eventually build a little house there. We don't want anything big there, just small, and we would keep it very much in line with out other house. No doubt you know where I live and I try to keep up my property exactly the way it's been going now, but it is too much for us. I can't do all the work and to get somebody to do the work--that's another question. But I would not put any fence between us--nothing--it would be one great big lot as it is today, and as far as water goes-- since they started sprinkling the fields with water, we have water sometimes half of our cellars full. We have more than enough water, and many times that happens. We have to pump continuously and that has never happened before. MR. CHAIRMAN: Thank you very much, Mr. Heins. Southold Town Board of Appeals -3- September 29, 1983 Regular Meeting (Appeal No. 3144 - KATHERINE HEINS, continued:) MR. HEINS: If you can't get it, then we just have to live the best we can and just mow around the house and let the rest go wild. MR. CHAIRMAN: I'm sure the board will take that into considera- tion. Is there anybody else that would like to be heard in behalf of this application? Anybody like to speak against the application? Questions from board members? (None) Hearing no further comments, I'll make a motion closing the hearing and reserving decision until later. MEMBER DOUGLASS: Second. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision until later in the matter of Appeal No. 3144, application of KATHERINE HEINS.- ~ Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. ~ PUBLIC HEARING: Appeal No. 3144. Application for EDWIN W. STEWART, 8403 Parish Lane, Indianapolis, Indiana, for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-34 for permission to construct addition to dwelling reducing the rearyard setback, at 20 Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-2. The Chairman opened the hearing at 7:46 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey from Otto W. Van- Tuyl and Son amended February 3, 1983 showing a 14' by 22' addition toward the water (east) side and a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in the area. Would somebody like to be heard in behalf of this application? Are Mr. and Mrs. Stewart here? (No) I'll make a motion closing the hearing pending of a receipt of a letter from the Stewarts asking them for the square footage of the lot, square footage of the present dwelling and total square footage of the proposed addition. MEMBER DOUGLASS: Second. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 3144, application for EDWIN W. STEWART, and to request from the applicants the square footage of the lot, square footage of the present dwelling and total square footage of the proposed addition. ~ Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Southold, N.Y. 11971 HENRY E. RAYNOR, Jr., Cha/rman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE KITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Mrs. Katherine Heins Main Road Orient New York 11957 August 24, 1983 TELEPHONE 765-1938 Dear Mrs. Heins: The following action was taken by the Southold Town Planning Board, Wednesday, August 17, 1983. RESOLVED that the Southold Town Planning Board disapprove the minor subdivision of Katherine Heins, located at Orient, based on insufficient area, 100-31. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary cc: Zoning Board of Appeals~" HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 July 26, 1983 Mrs. Katherine Heins Main Road Orient New York 11957 Dear Mrs. Heins: Your application to subdivide your property in Orient was discussed at our regular meeting, Monday, July 25, 1983. It was the concensus of the Planning Board to hold your application in abeyance pending correspondence from you ex- plaining your reasons for splitting your property as pro- posed. When we are in receipt of the above we will place this matter on the next available Planning Board agenda. Thank you for your cooperation. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Zoning Board of Appeals/ Long, Secretary cc: 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 SDUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 July 5, 1983 Mrs. Katherine Heins Main Road Orient, NY 11957 Re: Appeal No. 3144 Dear Mrs. Heins: This letter will confirm that the following action was taken by the Board of Appeals at a Special Meeting held on June 30, 1983 concerning your recent variance application: RESOLVED, that Appeal No. 3144, application of KATHERINE HEINS, be held in abeyance pending receipts of comments, recom- mendations or approval from the Southold Town Planning Board concerning this proposed division of property. If comments are ~ from the Planning Board on or before J,~lv ~q~h, we wou~l~ then schedule your variance appli- cation for a public hearing to be held at the Regular Meeting of the board in August. If you have any questions, please do not hesitate to give us a call. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary cc: Planning Board May 27, 1953 Mrs. Katherine Heins Nain Road Orient, New York 11957 Res Proposed subdivision on Hain Road, Orient~ New York Dear Mrs. Heins= This letter will serve to advise you that I aPprove of your proposed subdivision where you are requestin~ pe~nission to separate your property into two (2) lots. You amy file this with the Zontn~Boa~dof Appeals and/or ~he Plmmtn~ Board of the Totm of Southold. Very truly yours, Estate of Rufus Mo Tuthtll May 27, 1983 Mrs. Katherine Heins Main Road Orient, New York 11957 Re~ Proposed subdivision on Main Road, Orientf New York D~ar Mrs. Heins= Th£* lu=ter will serve to &dv£se you ~hat I approve of your p~oposed subdivisionwhere you are requesCin~ permission Co separate your property into two (2) lots. You may file this with the Zonin~ Bo&rd of Appeais and/or ~he Plannin~ Board of ~he Town of SouChold. Ve~7 truly yours, Wilbur ~val i / ~c. ,a, l ~. ,ZO * = I° LEGAL NOIICE~ NOTICE IS HEREBY GIVEN, pursuant ~o Seetien 267 of the Town LaW and the Provisions of the' Amended Code of the Town of Southold, a Regular Meeting and the following public heari~s will be held by the Southold Town Zoning Board of Appeals at the Town Hall, Main Road, Southold, NY on THURSDAY, SEPTEMBER 2t, 1~83 commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Application of HIRAM F. MOODY, JR., Oceanic Avenue, Fishers Island, NY 063~0, for Variance to the Zoning~'~ Ordinance, for an interpretation of Article III, Section 100-30(A)[2](b) & (c) to allow the construction of a horse barn on vacant land con- taining less than 10 acres. Location of Property: Pti- rate Road, East End of Fishers Island; County Tax Kp No. 1000-10-6-1.7. :35 p.m. Application for THERINE HEINS, by~ Frederick J. Tedesehi, Esq., Front Street, Greenport, NY for a Variance to the Zoning Ordinance Article III, Sec- tions 100-3~ and 100-31, Bulk Schedule, for permission to re- separate two parcels having insufficient area and/or; width, located at the north side of Main Road, Orient, NY; more particularly identified as County Tax Map Parcel No~. 10~0-19-2-5 & 6. -' 7:40 p.m. Application for EDWIN W. STEWART, 8403 Parish Lane, Indianapolis, Indiana, for a Variance to the Zoning Ordinance, Article IIl,~ Sections 100-31 and 100-34 for perm ssion to construct.~P addition to dwelling reducing rearyard setback, at 20 Carole Road, Southeld, NY; County Tax Mai' Parcel No. 1000-52-2- 2. 7:45 p.m. App!ication for JACQUELINE PENNEY, by Garre~ ~ A. Strang, Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct addition with reduction in sideyard setback at premises zoned ' B-I General Business*' and identified as 270 North Street, Cutchogue, NY; County Tax Map Parcel No. 100o-I02-5-18. 7:50 p.m. Application of,,~ EWALD M. KARBINER, 39 Edgewoed Drive, New Hyde Park, NY 11040 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addi- tion to dwelling with an insuf- ficient frontyard setback, at 155 Sunset Path, Southold, NY; County Tax Map Parcel No. 1000-54-4-33. 7:55 p.w~. Application of ROBERT J. DOUGLASS, Nil- low Terrace, Orient, NY for a Variance to the Zoning Ordinance, Article XI, Sect~oh 100-115 for screening around the periphery of the existing junkyard area, at premises.~. located at Willow Terrace.~ Farms, containing aoprox- imately nine acres aM more particularly identified as County Tax Map Parcels No. lOO9-26-'~-39.9, 39.6, 39.5, at For additional that-marion please contact Linde Kowalski, Secretary, Zoning Board of Appeals, at 765-1809 (or 18~). Dated: September 13,1~3. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GE AaD P. GOE_.mU. __N_OZa NOIAR~ PU~LtC, STATE DF NEW YO~ NO 52-4505~58 ~?d. IffED tH SUFFOLK COUNIY rO~:~PN FXPI ~S MARCH 30, STATE OFNEWYORK ) ) SS: COUNTY OF SUFFOLK ) Joan W. Gustavsoa ofGreenport, in said County, being duly sworn, says that ha/she ia Principal Clerk of THE SUFFOLK TIMES, a Week;y Newspaper, published nt Greenport, in the Town of Southotd, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has bean regularly published in said Newspaper once each weak for 1 weeks auccaee,voly, commencing on the22nd dayof Sept embe~, 19 ~ Principal Clerk Sworn to before me this f · NOTICE IS HEREBY GIV- EN, pursuant Jo Section 267 of the Town Law ·nd the Provi. sions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Zoning Board of Appeals at the Town Hall, Main Road, Southold, N.Y. on THURS- DAY, SEPTEMBER 29, 1983 commencing at 7:30 ~o'clock p.m. and as follows: 7:30 p.m. Application of HIRAM F. MOODY, SR., Oceanic Avenue, Fishers Is- land, N.Y. 06390, for a Var- lance to the Zoning Ordinance, for an interpretation of Article' Ill, Section 100-30(A)[2] (b) lc) to allow the construction of a horse barn off vacant land containing less than 10 acres. Location of Property: Private Road, East End of Fishers Island; County Tax Map No. 7..350-6-1.7- p.m. Application for KATHERINE HEINS, by Frederick J. Tedeschi, Esq., ~ront Street, Greenport, N.Y. ~or a Variance to the Zoning Ordinance, Article I11, Sec- tions 100-30 and 100-31, Bulk Schedule, for permission to re- separate .two parcels having insufficient area ·nd/or width, lOCated at the north side of Main Road, Orient, N.y.; more particularly identified as County Tax Map Parcel Nos.~ 1000-19-2-5 & 6. ~' 7:40 p.m. Application for EDWIN W. STEWART, 8403 Parish Lane, Indianapolis, In- dj·ua, for · Variance to. the Zoning Ordihanco, Article I11, Sections 100-31 and 100-34, for permission to construct addi- tion to dwelling reducing rear- yard setback, at 20 Carole Road, Southold, N.Y.; County T~x Map Parcel No. 1000-52o 2-2. ' 7:45 p~m. Application for JACQUELINE PENNEY, by Garrett A. Strung, Main Road, Southold, N.Y. for a Variance to the Zoning Ordinance, Article Vll, Section 100-71 for permission to construct addi- tion with reduction in sideyard s~tback at premises zoned "B-i General Business" and identified as 270 North Street, ~ Cutchogue, N.Y.; Co. mty Tax Map Parcel No. 1000-102-5- '/:50 p.m. Application of EWALD M. KARBINER. ~9 Edgewood Drive, New Hyde Park. N.Y. 11040 for a Var- lance to the Zoning Ordinance, Article 111, Section 100-31 for permission to construct addi- tion to dwelling with an insuf- ficient frontyard setback, at 155 Sunset Path, Southold, N.Y.; County Tax Map Parcel No. 1000-54-4-33. 7:55 p.m. Application of ROBERT J. DOUGLASS, Wil- low Terrace, Orient, N.Y. for a Variance to the Zoning Ordin- ance, Article XI, Section 100- 115 for screening around the periphery of'the existing junk- yard area, at premises located at Willow Terrace Farms, containing approximately nine · Crus and more particularly · identified as County Tax Map Parcels No. 1000-26-2-39.9, 39.6, 39.5, at Orient, N.Y. COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Woad, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAV£L£R-WATCHMAN, o public newspaper printed at Southold, in Suffolk County; and thor 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 ................ ~..~. .............. 19...~.~.. ~./ Sworn to before me this ............... ..~....~.. .......... day of ...... ............ , FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall Southold, N.Y. 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in typewriter OR ink, and subr~ tted in duplicate to the Building Inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Enqineer responsible for the building. 5. Submit Planning Board approval of completed site plan requiremer~ts where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of peoperty showing all property lines, streets, buildings and unusual natural or topographlc features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or sa[ety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. ,' C. Fees: 1. Cartificate of occupancy $5,00 ~ 2. Certificate of occupancy on pre-existing dwelling o~' land use4~15' 5.00 3. Copy of certificate of occupancy $1.00. Date .. ~l?_:~, ~ j " New BuiIdJng ............. Old or Pre-existing Building(X) ......... =/Vacant Land ............ Location of Property House No. Street Nam/et Owner or Owners of Property ~~ _~ ~;' - /,~o ~--~- County Tax Map No. 1000 Section .... 0./. ,~ ....... Block ....~...~-~.. ...... Lot....(~,..~, Subd v s on ........................ Filed Map No ........... Lot No .............. Permit No ........... Date of Permit .......... Applicant .................................. Health Dept. Approval ........................ Labor Dept. Approval ...................... ,.. Underwriters Approval ........................ Planning Bocrd Approval .................. Request for Temporary Certificate ..................... Final Certificate...k],~..~ .~../~.Q .~.... Fee Submitted $ ............................. Rev. 10-10-78 Construction on above described building and permit meets all appt~cable_..codcs and regulations. SHORT ENVIRON-~ENTkL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available inform~tion concerning the project and the likely impacts of %he action. It is not expected that additional studiee~ research or other investigations will be undertaken.' (b) If any question has been answered Yes the project may be significant and a ccmpleted Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is no.__~ significant. (d) Environmental Assessment 1. Will project result in a large physical cbmnge to the project site or physically alter more than 10 acres of land? ....... . . Yes X No 2. Will there be a major change to any unique or unusual land form found on the site? -- Yes x No 3. Will project alter or have a large effect on an existing body of water? . . . . . . Yes X No &. Will project have a potentially large impac~ on groundwater quality? · · · · . · · Yes X No 5. Will project significantly effect drainage flow on adjacent sites? · · . · . · · Yes X No 6. Will project affect any threatened or endangered plant or animal species? . . . . · . Yes ~ No 7. Will project result in a major adverse effect on air quality? * · · · · o · . Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? · · · Yes 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 opportunities? · · , Yes X No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? · · · . . . . · . . . . Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or elec'trical disturb- ance as a result of %he project's operation? . Yes ~ No 13. Will project have any impact on public-health or safety? · · · · · . . . . . . o iyes X No lb. Will project ~ffect the existing community by directly causing a growth in oermanent popula- tion of more than 5 percent o~er a one-year period o__r have a major negative e£~ec% on the character of %he com~munity or neighborhood?. ~. -Yes ~ No 15. Is there public controversy conperning the project? Yes ~ No PREP~RER'S SIGNATURE: ~~,,~ ~ TITLE: (, 3,'mo ~ ]-983 (Tcday's Date) To: Re: Southo!d Town Board of Main Road Southo!d, NY 11971 Appeal Application of Location of P,ooe_~y. Katherine Heins Main Road, OrienCf New York 11957 Dear Sirs: In reference to the New Yo~J~ State Tidal Wetlands Land-Use Regu!ations, 6 NYC.RE, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property iQ the '~ ; wz~h~n appeal application: (please ch~c;c one box) [ ] May be ~ ~' · ~oc~c wlthin 300 feet of tidal wetiands; hc~vever, constructed along the water-lying edge of this .... bulkhead in very good p=~_~er=y is a -' conditicn and at least 100 feet in length.* [ ] May be located within 300 feet of tidal wetlands; boy;ever, constructed along the water-lying edge of this property is a bulkhead in naed of (m_no~) (major) ~ ' ~ ~epal_s, 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 .... wall con~,~e existing ~on the premises. -[*] not appear to 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, NOTE: If proposed project falls wit~h/n D.E.C. jurisdiction, approval must be received an~ submit{~d to our office before your application can be.scheduled for a public hearing. z