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HomeMy WebLinkAbout3108Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3108 Application Dated April 1, 1983 TO: Mr. and Mrs. Wilhelm Franken 75 Carroll Street Brooklyn, NY 11231 (Public Hearing 5/27/83) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on MAY 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 [ ] Request for The public hearing on this application was also held on May 27, 1983. Upon application of WILHELM and SILKE FRANKEN, 75 Carroll Street, Brooklyn, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for permission to construct new dwelling with an insufficient frontyard setback, at Osprey Nest Road, Cleaves Point Subdivision Section I, Map 2752, Subdivision Lots 14 and 15, at Greenport; County Tax Map Parcel No. 1000-35-6-22, 23 and 24. The board made the following findings and determination: By this appeal, appellants seek permission to construct a new one-family, 1½-story dwelling with an insufficient setback from Osprey Nest Road of 30 feet. The premises in question is known as Lots 14 and 15 of Cleaves Point Subdivision, Section I, Map 2752 dated Septem- ber 10, 1957 and contains an area of approximately 25,500 square feet. This is a request for a variance from Article III, Section 100-34 wherein, under the circumstances, this parcel would be entitled to a frontyard setback of 35' feet, or the average established setback of existing dwellings within 300' therefrom, whichever is greater, without a variance. This parcel is an unusually-shaped parcel of land and fronts along Gull Pond Inlet. The elevations of this parcel are at variations from between five to 10 feet. The area chosen for the construction of this dwelling is the most practical and reasonable and the elevation in this area is approximately 8.5 feet above mean sea level. The finished floor elevation is proposed to be at 12 feet. The board agrees with the reasoning of appellants. In considering this appeal, the board determines that the variance request is not substantial under the circumstances; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible to appel- lant other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. (CONTINUED ON PAGE TWO) DATED: June 15, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3108 Matter of WILHELM AND SILKE FRANKEN Decision Rendered May 27, 1983 On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 3108, application of WILHELM AND SILKE FRANKEN, for permission to construct new dwelling with an insufficient frontyard setback at 30', BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No further frontyard reductions; 2. Compliance with the Flood Plain Management Law of the Town of Southold; 3. D.E.C. Permit #10-82-1178 issued February 3, 1983. Location of Property: Osprey Nest Road, Cleaves Point I, Map 2752, Subdivision Lots 14 and 15, at Greenport, NY; Tax Map Parcel No. 1000-35-6-22, 23, 24. Section County Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was unanimously adopted. RECEIVEr) AND FILED BY THE SOUTHOLD TOWN CLERK DATE ~/76/~3 HOUR Southold Town Board of Appeals IVfAIN READ- STATE ROAD 25 SOUTHOLD, L.I.. N.Y. -ELEPHONE 516 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAI', CHARLES GRIGONIS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCK[ NOTICE IS HEREBY GIVEN, pursuant to Section 267 of 5he Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, New York, on FRIDAY, MAY 27, 1983 com~encing at 7:30 p.m. and as follows: 7:30 p.m. Application for REV. WILLIAM J. HILLIARD, by Irving L. Price, Esq., 828 Front Street, Greenport, NY, for a Variance to the Zoning Ordinance, Article III, Sections 100-23 and 100-32 for permission to re-locate accessory structure in the front/side yard areas at Heathulie Avenue, Fishers Island, NY; Minor Subdivision Map of Smith-Hilliard ~155, Lot 3; more parti- cularly known as County Tax Map No. 1000-9-6-5.2. 7Y35 p.m. Application for HILDEGARD MORAND, Dy Irving L. Price, Esq., 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article II~, Section 100-34 for permission to construct addition, attaching nonconforming accessory structure, leaving an insufficient sideyard setback (as a principal structure), at 935 Old Shipyard Lane, Southold, NY; Founders Estates Map 834, Lot 107; Coun%y Tax ~ap Parcel No. 1000-$~-05-~1. \ ~ 7:40 p.m. Application of WILHELM & SILKE FRANKEN, 75 Carrol iStreet,Brooklyn, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to / construct new dwelling with an insufficient frontyard setback, at Osprey Nest Road, Cleaves Point Section I, Map 2752, subdivi-~ _ sion Lots 14 and 15, ~ at Greenport, County Tax Map Parcel / No. 1000-35-6-22, 23, 24. 7:45 p.m. Application of BURKE E. LIBURT, 1420 King Street, Orient, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory horse barn in the sideyard area, at 1420 King Street, Orient, NY; County Tax Map Parcel No. 1000-026-02-040. 7:50 p.m. Application of JOHN GRIGONIS, Main Bayview Road, Southold, NY, for a Variance to the Zoning Ordinance, Article VI,' Section 100-60 (A) & (B) for permission to construct ~new dwell- ing in this B-Light Business District at 860 Main Bayview Road, Southold, NY; County Tax Map Parcel No. 1000-70-7-16.2. Page 3 Legal Notice of Regular Meeting and Southold Town Board of Appeals May 27, 1983 Regular Meeting Public Hearings more particularly identified as County Tax Map No. 1000-44-4-5. 8:40 p.m. Application of JACK LEVIN, North Road, Greenport, NY, for a Special Exception to the Zoning Ordinance, Article III, Sec- tion 100-30[B) [1] for permission ~o convert existing dwelling into two-family dwelling use on a minimum two-acre parcel located at the south side of C.R. 48, Greenport, NY; more particularly identi- fied as County Tax Map Parcel No. 1000-44-4-5. 9:00 p.m. Recessed Hearing: DOROTHY REISE (Owner) and RIAL REALTY COI~. (Contract Vendee) by Rudolph H. Bruer, EsH. Tennis court and garage on a vacan~ parcel. East Hyatt Road, Southold, NY. Any persons desiring to be heard concerning the above matters should appear at the times and place above noted, if fdditional information is needed, please contact Linda Kowalski, Secretary of the Board of Appeals, at 765-1809 (or 765-1802). DATED: April 27, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, May 12, 1983 and forward one affidavit of publication to: Board of Appeals, Main Road, Southold, NY 11971. FORM ~{3. I TOWN OF SOUTHOLD BUILDING DEPARTf~ENT TOWN HALL FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To .~¢d¢~ .~.. ~ .~./.U.?.i...~..~.~ fi'teN .................. ~.( ~ ~1 ........... v~:~s: z~r: ~ozxc: ~ha~ ~o.~,p~o~tio. d~t~a ................ 0) ~. ~:~9 .~. for pe~it to construct... ~ ~A !.~. ~ ....................................... at Location of Property ................................................................ House No. Steer Hamlet Co..ty Za~ ~ ~o. ~000 S.~tio. ....... ~ ~i.. moo~ ...... ~. ...... ~ot ~.~. ~.. is returned herewith and disapproved on the fogowing grounds .. [~.~1 ~ ~.~.~... ~ ~... Building Inspector RVllSO ~ q~.-~ ~,~_. ~ ,~ ................. . .l .... ~'% -- ., ~- Subd,v,s,on...~.../.~~~. F~,ed Map No. ~~.. Lot. (Name) State existing use and occup~cy of premises and intended use and occupancy of proposed const~ction: a. Existing us~ and occupancy .... ~,~'.~ ~5'S~ ~'~ .......... /% .................... b. Intended use and occupancy / : ~/~ ~:,e~-~" ........ ¢ .......... z ................ T ..... . ...................... TOWN OF sOUTHOLD, NEW YORK ! pR ] FROM DECISION OF BUILDING INSPECTOR TO THE ZONI~G BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appella,nt Street and Number ...~...~..~..o../.~,Z:~.....~......./.. ...,~.,~.. ~ .~.?fZl~ //~ ~ I .......... .~...'~.: .......... HEREBY APPEAL TO "/~ ~l'i~ i~'i'~ ~ ~ .................................... State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...... /~....?...~.../..~.,.~....,~...~..?...~. ......... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Nome of Applicant for permit Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .....~..~...'?..~..,~.........'~...~'.,,~.,,~,....../~..~...~....~, .......................................... Street Use District on Zoning Map 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.) 3. TYPE OF APPEAL Appeal is mode herewith for ()0 A VARIANCE to the Zoning Ordin.ance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (4~) ~ been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that l~orrn ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficuJtJes or Unneces- 2. The hardship created is UNJ(~UE and is not shared by oH properties alike in the immediate vicinity of this property and in this use district because O/~ ~'/-j&' O~Z)~ ~/-~ ~'~-~ 3. Tiqe Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~ou~,~ o~~) ss . · ................ ~x~'~ ........................... Sworn to this .............. }...~.; ............ day of ........~ .............................. 19 ~ ....... ~ Notary ~ublic N. Y. State Lic. Land Dar, o,o'- m,H.v ,,z/~ COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN DIR[CTOR OF PLANNING Town of Southold Board of Appeals July 22, 1983 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Walter Gaipa Wilhelm & Silke Franken Hans H. Rieger Peter & Calliope Papantoniou Richard & Donnalee Relyea Kathryn Reeve Mrs. Grace E. Kenney 3079 3108 3134 3135 3136 3140 3142 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning ? :! Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN I~I-1AD- STATE ROAD 25 Sl3UTHrlLD, L.I., N.Y. 11971 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 , Section 100-31 Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section Special Permit Appeal No.: 3108 Applicant: WILHELM and SILKE FRANKEN Location of Affected Land: Osprey Nest Road, Greenport County Tax Map Item No.: 1000-35-6-22, 23 and 24 Within 500 feet of: __ Town or Village Boundary Line xx Body of Water (Bay, Sound or Estuary) Gull Pond Inlet __ 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, Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. or a nt~d COMMENTS: Applicant ~x~~ permission to dw~]linq with an insufficient frontvard setback. construct new Copies of Town file and related documents enclosed herewith for your review. Dated: July~/, 1983 ~~ ~/~' ~~ Temp. S of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2~5 ~OUTHOLD, L.I., N.Y. ]lC:J?1 TEl FPHONE 1516) 765-1809 June 15, 1983 Mr. and Mrs. Wilhelm Franken 75 Carroll Street Brooklyn, NY 11231 Re: Appeal No. 3108 Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval~f any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowatski Secretary J. H. GEIDEMAN NEW YORK O,O '- IVl. H.W El Zoom 0.0 NEW STATE DEPARTMENT OF ENVIRONMENTAL CONSER~ii~ION PERMIT 10-82-1178 UNDER THE ENVIRONMENTAL CONSERVATION LAW [ ARTICLE 15, (Protection of Water) [] ARTICLE 25, (Tidal Wetlands) ARTICLE 24, (Freshwater Wetlands) [] ARTICLE 36, (Construction in Flood Hazard Areas) PERMIT ISSUED TO Silke & Wilhelm Franken AODRESS OF PERM~TTEE 75 Carroll Street, Brooklyn, NY 11231 LOCATION OF PROJECT (Section of stream, tidal wetland, dam, building) Gull Pond Basin on the west side of Osprey Nest Road on Lots 14 and 15. DESCRIPTION OF PROJECT Construct 162' of bulkheading landward of tidal wetlands vegetation along its entire length. The bulkhead begins on the north end of the property at a point 104' west of LILCO Pole No. 12 running 72' south then at a right angle running west for 90'. A one family dwelling will be constructed approx. 55' from mean high water of Gull Pond Basin at its closest point and the sanitary system is to be placed in the southeast corner of the lot a minimum (*SEE REVERSE*) cou~TYsuffolk FIA COMMUNITYNO. DAM NO. PERMITEXPIRATIONMarch 31, 1984DATE GENERAL t. The permi~lee shall file in lhe office of lhe appropriale Regional Permit Administrator, a oolite of inlention ~o commence work al least 48 hours in advance of the Iime of commencemenl and shall also notify him promptly in wriHng of lhe complelion of the work. 2. The permitted work shall be subjecl to inspection by an authorized representative of the Department of Environmental Conservalion who may order the work suspended if the public interesl so requires. 3. As a condition of lhe issuance of lhis permil, the applicant has ac- cepled expressly, by the execulion of the application, the full legal respon- sibilily for all damages, direct or indirect, of whalever nature, and by whom- ever. suffered, arising out of the proiecl described herein and has agreed to indemnify and save harmless Ihe State from suits, actions, damages and costs of every name and description resulting from the said project. 4. Any malerial dredged in the prosecution of the work herein permilted shall be removed evenly, wilhoul leaving large refuse piles, ridRe$ across the bed of the walerway or flood plain or deep holes that may have a tendency to cause injury 10 navigable channels or to lhe banks of the waterway. 5. Any material lo be deposited or dumped under lhis permib either in lhe waterway or on shore above high-water mark, shah be deposiled or dumped al the Iocalily shown on lhe drawing herelo aUached, and, if so ffescribed thereon, within or behind a good and subslantial bulkhead or bulkheads, such as will prevent escape of the material in~o the waterway. 6. There shall be no unreasonable inlerference with navigation by the work herein authorized. 7. That if future operalions by the State of New York require an alteration in the position of the structure or work herein authorized, or il, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flow'.or endanger the health, safety or wetfare of the people of the State, or loss or destruction of Ihe natural resources of the Stale, the owner may be ordered by the Deparl- m~nt to remove or aller the structural work, obstructions, or hazards caused thereby without expense to the Stale; and if, upon the expiralion or revocation of this permib the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners shall, withoul expense Io the State, and to such extent and in such time and manner as lhe Department of Environmental Conservation m~y require, remove ali or any portion of the uncompleted structure or lilt and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made againsl the Stale o! New York on account of any such removal or CONDITIONS 8. Thai the State of New York shall in no case be liable for any damage or injury to lhe structure or work herein aulhorizod which may be caused by or resull from fulure operalions undertaken by the State for the conservalion or improvement of navigation, or for olher purposes, and no claim or righl lo compensation shall accrue from any such damage. 9. That if lhe display of lighls and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be pre- scribed by lhe Untied Slales Coast Guard shall be inslalled and maintained by and al lhe expense of the owner. 10. All work carried out under Ihis permit shall be performed in accor- dance with eslablishnd engineering praclice and in a workmanlike manner. lt. If granted under Articles 24 or 25, the Departmenl reserves Ihe right Io reconsider this approval al any time and afler due notice and hearing Io continue, rescind or modify lhis permit in such a manner as may be found 1o be jusl and equilable, tf upon the expiration or revocalion of this permit, the modificalion of lhe welland hereby authorized has nol been cpmpleted, the applicant shall, withoul expense to the Slate, and lo such exlent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleled slruclure or fill and reslore Ihe site to its former coodilion. No claim shall be made against lhe Slale of New York on account of any such removal or alteration. 12. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others Io perform the permitted work or as authorizing the impairment of any rights, title or interest in real or personal properly held or vested in a person not a party to the permit. 13. The permittee is responsible for obtaining any other permits, ap- provals, lands, easemenls and [ights..of-way which may be required for this project. 14. If granted und~er Article 36, this permit is granted solely on the basis of the requirements of Article 36 of the Environmental Conservation Law and Part 500 of 6 NYCRR (Construction in Flood Plain Areas having Special Floo~ Hazards - Building Permits) and in no way signifies that the project will be free from flooding. 15. By- acceptance of this permit the permittee agrees that the permit is contingenl upon strict compliance with the special condilions on Ihe reverse side. 95-~0-4 i9/75) (SEE REVERSE SIDE) SPECIAL CONDITIONS * of 100' from the most landward edge of tidal wetlands. 16. 17. 18. There is to be no backfilling associated with this project. All work is to proceed in accordance with the survey prepared by John H. Geideman for W. Frauken dated December 6, 1982. There shall be no dredging as a result of this project nor any disturbance to the existimg tidal wetlands. SEE ATTACHED CONDITIONS A - J PE~IT ISSUE DATE February 3, 1983 ADDRESS Bldg. 40, SUNY--Room 219 Stony Brook, NY 11794 Greenpart, NY, for a Variance 100-60 lA) A (B j~he Zoning Ordinance, · permission toll~trucl ~l~le III, Sections 100-23 and 100-32 for permission to re- ' dwelling in X'liis B Business .District at 86( locate accessory structure in the front/side yard areas at ' Bayview Road, Southoh Heathulie Avenue, Fishers County Tax Map Parc ~land, NY; Minor Subdivision 1000-70-7-16.2. 7:55 p.m. Applieati ap of Smith-Hiltiard #155, ALFRED AND ZINA Lot 3; more particularly known as County Tax Map No. 333 Pearl Street, New 1000-9-6-5.2. ~ NY 10038, for a Varianea 7:35 p.m. Application for ' ~': Zoning Ordinance, Artic Section 100-110E HILDEGARD MORAND, by. permission to recoustru¢ Irving L. Price, Esq., 826 i alter existing building Front Street, Greenport, NY for a Variance to the Zoning . would exceed 50% of Ordinance, Article III, Section market value of this stru¢ 100-34 for permission to requiring a varianc, · construct addition, attaching ' continueorreiustatease~ x nonconforming accessory dwelling unit in this structure, leaving an' Residential" District, ~t insufficient sideyard setback · Soundview Avenue, Pec~ ~- Shipyard Lane, ' ' 8' 05 ' ' · ~Southold, NY; Founder-, : : p.m. Apphcaho ~' Estates Man 834 Lot ,n~? ~ SOUTHOLD LUMBER - County Tax ~Iao ~arcel'~' -~INC., Youngs Avel 1000-64-05-021 - ~' Southold, NY, for a Vari~ · 40 ' . · ~' to the Zonin Or ' ~WI~HE~' Ap&phca~i~K~ Article XI, Secgtion dl~.a~ / Article III, Section 100-31 · f~'~ premises more particula .~ Bulk Schedule, for oermissio~ ~tnown as 675 Boiss~ ~ to construct new dv~elling wi~ Avenue, Southold, NY; Cou .... ~_an.~ insufficient frontyard TaxMapNo. 1000-63-02-030. · '~l setback, at Osprey Nest Road 8:10 p.m. Application ~ ,.~ ~'/~Cleevus Point Suction I, Ma~ ~:HENRY PIERCE, 2616 ~,0~..~'.~'~ ~' [~ 2752, Subdivision Lots 14 and; ~.R. oa.d, Peconic~'Ny ~for ~,~n~,~OTlt2E ~ I 15, at Green-,~rt. Co,,-~- '~' , variance to the Zoni NOTICE IS /'HEREBY ~ I M~-Parcel*'~o '1~0~.6~;2~. . Ordinance, Article 100-32 l GIVEN, pursuant to Section ~ ~4.' .... ~ permission to constrt ~267 of..file Town Law and the ~-z-~.7~ p.m. Ap~f accessory storage building rrovistons of the Amended. BURKE E. Lli~'~'~4~ the frunt and side yard area =~ms aha erie variance to the Zoning county Tax MapParcel ~lI?"'f°ll°wingPublicHearingswill :Ordinance, ArticlelII, Section be held by the Southold Toww ! 100.32 for permission to Board of Appeals at the *~ construct accessory horse Southold Town Hall, Main "-'~ barn in the sideyard area at Road, Southold, New York, on ' 1420 King Street Orient FRIDAY MA , ' , NY Y 27, 198~ :~: County Tax Map Parcel. No. commencing at 7:30 p.m. and .~ !000-026-02-040. as follows: 7:30 p.m. Application 7:50 p.m. Application of REV. WILLIAM for JOHN GRIGONIS. Main Bay- J. view Road, Southold, NY, for HI.LLIARD, by Irving L.' a Variance to the Zoning Price, Esq., 828 Front Street, ' Ordinance. Article VI, Section 1000~1.2. 8:15 p.m. Application f, ROBERT T. KROEPEI D.D.S. by Rudolph H. Brue Esq., Main Road, Southol, NY for a Variance to tl~ Zoning Ordinance, Article II Section 100-31 for approval ~ two proposed parcels havin approximately 37,069 squar feet in area and 12O35 feet t road frontage, at the nortl side of Indian Neck Lane STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK ) ....... J. oa.~...~g_.....Gu=.Y.a.~.a~:u~ ................. of Greenport, in said County, says he/she is a representative of THE SUFFOLK TIMES, a weekly newspaper, published at Greenport, in the Town of Southold, County of Suffolk, State of New York, and annexed is a printed copy that has been regularly published in said newspaper once in each week for....~'lC ......... week(s) successively, commencing the....t~..t,~hday of ............ ~a.y. ................ 19.**..~3. ............. ............. 12th Sworn to before me this ............................................ day of ........... ~a¥. ........................... 19 .......... &.3. ................... Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals at the Seuthold Town Hall, Main 'Road, Southuld, New York, on .FRIDAY, MAY 27, 1983 com- mencing at 7:30 p.m. and as follows: . . 7:30 p.m. Application for REV. WILLIAM J. HILLIARD, by Irving L. Price, H.sq., 828 Front Street, Groanport, N.Y., for a Variance to the Zoning Ordinance, Article Hi, Sec-~ tions 100-23 and 100-32 for permission to re-locate acces- sory structure in the from/side yard areas to Heathulie Avert- ue, Fishers Island, N.Y.; Mi- nor Subdivision Map of Smith- Hilliard #155, Lot 3; moro particularly known as County Tax Map No. 1000-9-6 7:35 p.m. Application for HILDEGARD MORAND, by Irving L. Price, Esq., 828 Front Street, Groenport, N.Y. for a Variance to the Zoning Ordinance, Article m, Section 100-34 for permission to con- struct addition, attaching non- conforming accessory struc- ture, leaving an insufficient._~[ sideyard setback (as a princi- pal structure), at !)35 Old Shipyard Lane, Southold, N.Y.; Founders Estates Map 834, Lot 107; County Tax Map Parcel No. 1000.6~-0S-O~1 /~Ti~.m. Application of WILHELM & SILKE FRANK. I~N, 75 Carroll Street, Brook- l~m, N~Y.for a Variance to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Schedule, for permission to construct new dwelling with an insuf- ficient- fromyard setback, at Osprey Nest Road, Cleaves Point Section I, Map 2752s Subdivision Lots 14 and IS, at Greenport; County Tax Map Parcel No. 1000-35-6-22, ~ p.m. Application of BURKE E. LIBURT, 1420 King Street, Orient, N.Y., for a Variance to the Zoning Ordinance, Article IlL Section 100-32 for permission to con- struct accessory horse barn in the sideyard area, at 1420 King Street, Orient, N.Y.; County Tax Map Parcel No. 1000.026.02.040; 7:50 p.m. Application of JOHN GRIGONIS~ Main Bay- view Road, Seulhold, N.Y., for a Variance to the Zoning Ordinance, Article VI, Section 100-60 (A) & (B) for permis- sion to construct a new dwell- . inff in this B-Light Business,~ District at 860 Main Bayview Road, Seuthold, N.Y.; County Tax Map Parcel No. 1000.70.7. 16.2. 7:5.5 p.m. Application of ALFRED AND ZINA HULLi 333 Pearl Street, New York, N.Y. 10038, for a Variance to the Zoning Ordinance, Article X1, Section 100-11SE for per- mission to reconstruct and alter existing building which would exceed 50% of the fair market value of this structure, requiring a variance to con- tinue or reinstate a second- dwelling unit in this "A- Residential" District, at 3630 Seundview Avenue, Peconi¢,~, ,N..Y. !. ~Co2.n.ty,..T .ax..Map Parcel,, Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELI=R-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, Los been published in said Long Island Traveler-Watch- man once each week for ........................ ./. .............. weeks s~ccessively, commencing on the ............... ./..~.. ................ da',,' . ............... ~ ............................. 1 9 ........ Sworn to before me this .............. ./...~....~.. ........ day of ............. .................... , CLEMffNT J. THO~,~30N NOTI, t'~'( PUaL[C, ~tate ot ~e~ ~or~ Copies to the following on or about Wednesday, May 11, 1983: Personal Delivery: L.I. Traveler-Watchman 5/10/83 Suffolk Times 5/10/83 Supervisor's Office Town Clerk Bulletin Board Chairman, ZBA & members Town Board members Vic Lessard Building Inspectors By Mail Irving L. Price, Jr., Esq. for Rev. Wm. J. Hilliard Hildegard Morand Mr. and Mrs. Wilhelm Franken and Mr. John Geidemann Mr. and Mrs. Burke E. Liburt Mr. John Grigonis Mr. and Mrs. Alfred Hull Southold Lumber Co., Inc. Mr. Henry Pierce and Mr. John Geidemann Mr. and Mrs. Jobn Flowers Mr. Richard E. Sullivan Mr. David S. Horton Mr. Jack Levin Rudolph H. Bruer, Esq. for Robert T. Kroepel, D.D.S. Dorothy Reise/Rial Realty Corp. JUDITIt T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 1, 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. 3108 application of Wilhlem & Silke Franken 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, i~th 'T.~ Southold Town ClerkF 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 HEPJ~BY GIVEN NOTICE: 1. That it is the inter'ion of the undersigned to petition the Board of Appeals of the Town of 5outhold to request a~ (Special Exception) (Special Permit) (Other) [circle oho±ce] ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: ~.5 ~'~,~ ~' ,~/E:$7' ~r'~ ~ Z~' ~:~ ~..3., 2% 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ?'~ C~' ~'.¢fA;a'~' T 5. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- Article /"~ Sectic~ I~a - ~ / signed are 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) 76'5-1809. 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 Watchman, newspapers published in.the Town of Southold and designated for the publication of such notices; tha/Wyou or your representative have the right to appear and be heard at such hearing. ~ ~_~ ~ Dated: Post Office Addr~s II s/ NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 196 435 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDEB-- NOT FOR INTERNATIBNAL MA~L (See Reverse! 196 434x RECEIPT FOR CERTIFIED M~L NO INSURANCE COVERAGE PROVIDED-- NOT FOR ~NTERNATIONAL MAIL (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~ ~OOM~ ~; ~ ~, //2 ~/ , being duly sworn, deposes and says that on the /~ day of ~/~ ,1 9 ~ , deponent mailed a true copy of the Notice set forth on the r~ ver~ side hereof, directed to each of the above-named persons at the addresses set opposite thor respective name; that the addres~s set opposite the names of said persons are the addresses of said persons as shown on the current ~s~sment roll of the Town of Southold; that said Notices were mailed at the United Stat~ Post ~- rice at ~0~ ~, ~. ~, Qcer~egistered) mail. Sworn to b.e:[ore me. this / ~ ~- day of ~.~, 1 ~ Notary Public ( ~LIZRBETH ANN NEVILL~ NOTRRY PUBLIC, State of New yor~ No. 52-8125850, Su!fo~k ~o~t,~ Term Expires March 30. ;that said NoticeTere mailed to~~l:~ by / 0 0 0 -ii 0 0 0 4~ 0 .SHORT ENVIRON~M~NTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available inforr~atior concerning the project and the likely impacts of the action. It is not expected that additional studiss~ research or other investigations will be undertaken.' (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answersd No it is likely that this project is no..~% significant. (d) Environmental Assessment 3. &. 5. 6. 7. 8. Will project result in a large physical cbmnge to the project site or physically alter more than 10 acres of land? ...... Will there be a major change to any unique or unusual land form found on the site? Will project alter or have a large effect on an existing body of water? . . . . . Will project have a potentially large impact on groundwater quality? · .... · . Will project significantly effect drainage flow on adjacent sites? · · · · . · · Will project affect any tkreatened or endangered plant or animal species? . Will project result in a major adverse effect on air quality? . · · · · · Will project have a mm,or effect on visual char- acter of the community or scenic views or vistas known to be important to the community? · · · 9. Will project adversely impact any site or struc~- ur· of historic, pre-historict or paleontological importance or any site designated as a critical environmental area by a local agency? · · · lO. Will project have a major effect on existing or future recreational opportunities? . . . ll. Will project result in major traffic problems or cause a major effect to existing t~ansportation 12. Will project regularly cause objectionable odors., noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . 1]. Will project have any impact on public-health or safety? . . . . . . . . . . 1L. Will project ~ffect %he existing community by directly causing a ~rowth in permanent popula- tion of more Ehan 5 percent over a one-year period or have a major negative e££ect on the character of E~ COm.~unity or neighborhood?. 15. Is there p ogtrcv the project? PREPARER' S SIGNATURE: ~ rlTL~: / ~ REPRESENTI:~G: ~;'~ DATE: 9/1/78 Yes X' No Yes ~ No Yes K' No Yes A~ No Yes A' No Yes ~ No Yes ~" No Yes ;~ No Yes~ No Yes '~ No Yes '~ No Yes ~" No __lYes ~ No Yes ~/ No Yes K/ No (. (Today s Date) To: Re: Southo!d Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the suo~_~ property i~ the within appeal application: (please ' ~ cnec.< 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 least 100 feet in length.* [ ] May be 'located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of t~s..~ ~°~-o~-~=~-~' is a bulkhead in need of (m~.o~)~ ~ [major) -:~ ~ ~Na~-s, and -~ -{ ' =~ app=~x_mau_=y feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is abulKhead' less than 100 feet in length. May be locatedwm'=' '~nln 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 w&thin the jurisdiction of the N.Y.S. D.E.C.] Sinc~ly yours, ~ /(~gna~ure please) NOTE: If proposed project fails witmhin D.E.C. jurisdiction, approval must be received an~ submit{~d to our office before your application can be.scheduled for a public hearing. ............. ~ / "i .~! i ..... i' COUNTY OF SUFFOLK Property Tax Service Agency ,,~,,~:~ OF 0'~,',~ Co.~,¢y Ce.l~ R ye head t I New Yo k PROPERTY