Loading...
HomeMy WebLinkAbout31213630 Soundview Ave., Peconic 5/z'//~s D-reconstruct and alter existing bldg. which would exceed 50% of fair market value of this structure, requiring a variance or reinstate a second-dwelling unit in this "A-Residential" District. Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y, llg?l TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3121 Application Dated April 18, 1983 TO: Mr. and Mrs. Alfred Hull 333 Pearl Street New York, NY 10038 (Public Hearing held 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 IX] Request for Variance to the Zoning Ordinance Article XI , Section 100-118E [ ] Request for The public hearing on this application was also held on May 27, 1983. Application of ALFRED AND ZINA HULL, 333 Pearl Street, New York, NY 10038, for a Variance to the Zoning Ordinance, Article XI, Section 100- l18E for permission to reconstruct and alter existing building which would exceed 50% of the fair market value of this structure, requiring a variance to continue or reinstate a second-dwelling unit in this "A-Residential" District, at 3630 Soundview Avenue, Peconic, NY; County Tax Map Parcel No. 1000-68-04-004. The board made the following findings and determination: This is an appeal from the Notice of Disapproval issued by the building inspector dated April 6, 1983, wherein it is the decision of the building inspector that "proposed recon- struction and alteration ...to existing building as a second living unit...would exceed 50% of the fair market value...a variance is required for continued use .... " In a letter dated March 29, 1983, the appellants herein were notified by the same building inspector that because there have been no sanitary facilities in this building, and this building has been without electrical service since 1973, and since this building has been completely gutted, that there has not been a use of this structure and the structure to the west continu- ously for more than two years. At the hearing, the appellant stated: (1) that when they purchased the property (8/14/79), these two buildings and the accessory buildings were existing; and that the westerly framed structure just needed paint and contained a tiny bedroom, lava- tory, kitchen and living room, and which appellants have been using in order to work on the larger building, in the summer; and (2) that the reason the premises was purchased was to modernize the larger house for their retirement years. In researching town records, it bas been found that the appellants herein purchased the subject premises 8/14/79 in the amount of $17,500 from Suffolk County. The estimated cost for the alterations and reconstruction is $45,000 (see build- ing permit application dated 3/14/83). (CONTINUED ON PAGE TWO) DATED: June 7, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3121 Matter of ALFRED AND ZINA HULL Decision Rendered May 27, 1983 Since the variance applied for is a use variance, before this board may grant such a variance, the record must show that: (1) the land in question cannot yield a reasonable return if used only for a purpose allowed in that zone; (2) that the plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood which may reflect the unreasonableness of the zoning code; and (3) that the use to be authorized by the variance will not alter the essen- tial character of the locality. The courts have held that a claim that the property is yielding less than a reasonable return requires proof, in dollars and cents form, of all matters bearing upon the return available under existing zoning, includ- ing proof that no permissible use will yield a reasonable return. There is no evidence that the property cannot yield a reason- able return if the premises is used with one-family use status verses multiple-family use status. The alterations and recon- struction proposed substantially exceeds 50% of the fair market value, and it is the opinion of the board that the nonconforming status of this structure as a dwelling unit has been discontinued, if same existed prior to 1973. In viewing the surrounding neighborhood, two family dwelling units on one parcel are not common. In considering this appeal, the board also determines that the use will not be in harmony with and promote the general pur- poses and intent of zoning; that the interests of justice would not be served by granting the relief requested; that proof has not been demonstrated that the land in question cannot yield a reasonable return if used only for a purpose allowed in that zone; that the plight of the owner is not due to unique circumstances; that the use may alter the essential character of the neighbor- hood; and that the interests of justice would not be served by allowing the variance applied for. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Doyen, it was RESOLVED, that Appeal No. 3121, application of ALFRED and ZINA HULL, BE AND HEREBY IS DENIED. Location of Property: 3630 Soundview Avenue, Peconic, NY; County Tax Map Parcel No. 1000-68-04-004. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass, and Sawicki. (Member Grigonis was absent.) This resolution was unanimously adopted. RECEIVED AND FILED BY THE SOUTHOLD TOWN CT.~P,K ~/~/~ HOUR DATE / , Town Clerk, I'own of S~thold 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 2S SOiITHOLD. L.I., N.Y. 111::J71 TELEPHONE (516 765-1809 NOTICE IS HEREBY GIVEN, pursuan~ to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, New York, on FRIDAY, MAY 27, 1983 commencing at 7:30 p.m. and as follows: at Osprey Nest Road, sion Lots 14 and 15, No. 1000-35-6-22, 23, 7:45 p.m. Application of BURKE E. 7:30 p.m. Application for REV. WILLIAM J. HILLIARD, by ~rving L. Price, Esq., 828 Front Street, GreenDort, 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 a~ 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. 7~35 p.m. Application for HILDEGARD MORAND, Dy Irving L. Price, Esq., 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-34 for permission to construct addition, at~aching nonconforming accessory structure, leaving an insufficient sideyard setback (as a principal structure), at 935 Old Shipyard Lane, Southotd, NY; Founders Estates Map 834, Lot 107; Counhy Tax $.[dp Parcel No. 1000-54-05-~91. 7:40 p.m. Application of WILHELM & 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, Cleaves Point Section I, Map 2752, Subdivi- ~ at Greenport; County Tax Map Parcel 24. 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 ~I, Section 100-60 (A) & (B) for permission to construct a)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 2 Legal Notice of Regular Meeting and Public Hearings Southold Town Board of Appeals May 27, 1983 Regular Meeting N~ew of ALFRED AND ZINA HULL, 333 Pearl Street,\ 7:55 Application p.m. York, NY 10038, for a Varia~ ~ Z~nin~Ordinance, Articlen ~l~i~i~0~ ~e~r~s~nt~ ~n~~u~l~rt~i~stig/ structure, requiring a variance to ~ontin~e or-reinstate a second- ~ ? dwelling unit in this "A-Residential" District, at 3630 Soundview Avenue, Peconic, NY; County Tax Map Parcel No. 1000-68-04-004. J 8:05 p.m. Application of SOUTHOLD LUMBER C~J, INC., Youngs Avenue, Southold, NY, for a Variance to the Zoning Ordinance, Article XI~ Section 100-119B for permission to erect fence exceed- ing 4' in height along the frontyard area of these premises more particularly known as 675 Boisseau Avenue, Southold, NY; County Tax Map No. 1000-63-02-030.1. 8:10 p.m. Application of HENRY PIERCE, 2615 Wells Road, Peconic, NY for a Variance to the Zoning Ordinance, Article 100-32 for permission to construct accessory storage building in the front and side yard area at 2615 Wells Road, Peconic, NY; County Tax Map Parcel No. 1000-086-02-1.2 8:15 p.m. Application for ROBERT T. KROEPEL, D.D.S. by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of two proposed parcels having approximately 37,069 square feet in area and 120.85 feet of road frontage, at the north aide of Indian Neck Lane, Peconic, NY; County Tax Map Parcel No. 1000-B6-6-16. 8:25 p.m. Application of JOHN AND JANET FLOWERS, 400 Con- klin Road, Mattituck, NY for a Variance to the Zoning O~dinance, Article III, Section 100-32 for permission to construct garage in the frontyard area, at 400 Conklin Road, Mattituck, NY; Garden Heights Subdivision Map 577, Lots 24 and 25; County Tax Map Parcel No. 1000-139-04-006. 8:30 p.m. Application for RICHARD E. SULLIVAN by David S. Horton, Kouros Road, New Suffolk, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for per- mission to construct deck which will exceed the maximum lot coverage of existing and proposed structures, at 440 Third Street, New Suffolk, NY; County Tax Map No. 1000-117-09-020. 8:35 p.m. Application of JACK EEVIN, 59670 C.R. 48, Greenport, NY, for a Variance to the Zoning Ordinance, Article III, Sections 100-30(B) [1] and 100-31 for permission to use the existing dwelling for two-family use, second-dwelling unit having less than the required 850 square feet of living area, at 59670 C.R. 48, Greenport, Page 3 - Legal Notice of, Regular Meeting and Public Hearings Southold Town Board of Appeals May 27, 1983 Regular Meeting 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 to 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 CORP. (Contract Vendee) by Rudolph H. Bruer, Esq. Tennis court and garage on a vacant 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 ~dditional information is needed, please contact Linda Kowalski, Secretary of the Board of Appeals, a~ 765-1809 (or 765-1802). DATED: April 27, 1983. BY ORDER OF THE SOUTHOLD TO~N BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN Instructions to newspapers: Please publish once, ~o w.it, Thursday, May 12, 1983 one affidavit of publication to: Board of Appeals, Southold, NY 11971. and forward Main Road, /" · FORM N0.3 / ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date April 6 .......................... ,19 .S. 3... To Glenn McIver for Alfred & gina Hull 600 Summer Lane ....S.qu. ~..h?)A ~..~Y....~ .L9.7. ~. ............ PLEASE TAKE NOTICE that your applieation dated ....... ~.a..r.c.h.. ! .~ ........... 19.8.3... forperrnitto~-~*-~ reconstruct & alter exist' building ............. at .......................................... .m.n.g ......... L ..... 3630 Soundview Avenue Pec ocarlon oI t'roperrv ..... o n i c - HOUSe NO. ' .... 'S'tio~i .... h~ddei County Tax Map No. 1000 Section .... 9.6.8. ...... Block .. 9.4 .......... Lot .. 99.4. ........ Subdivision .... X. ............ Filed Map No ..... X ........... Lot No. X is returned herewith and disapproved on the following grounds . .p?.e.m..i .s.e.s...i.s..1. o..c.a.t.e.d...i.n..t..he 'A' Residential Zone Dist. permitted use is a single one-family dwelling unit--proposed reconstruction & alteration is to existing .b..u.i.l.d..i.ng. as a second living unit. Reconstruction & alteration would exceed 50% of the fair market value of non-conforming dwelling-- a variance is required for continued (~,~/~, Ar~I, Sec. 100-~ ~8 E. RV 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 Examined ................ ,19 ... Approved ................. 19... Permit No ........... Disapproved a/c .................................... Application No .................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date . eT/,o.~e_B, j .I.~. .... 19 ~-~ INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and givmg a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used/n whole or in part for any purpose xvhatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Deparrrnent for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premxses and in building for necessary i~c~ns. .............. (Signature of applicant, or name, if a corporation) &.o..o. .$0 bt,y,, lt. I. (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises . ~ [.[. r~,q~..o~_. ~..~_..~'.q.~..B ~J.[.~ .............................................. (as On the tax roil or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's Licsnse No .... ~?q 57. ................ Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... Location of land on which proposed work will be done .................................................. ............................. ............ House Number Street Hamlet County Tax Map No. 1000 Section . . .~8' ........... Block ,ti:..~ ............. Lot..-~O~.¢eJ.~ .q ..... Subdivision..~..Op..off../4.o.~[-M .1~4 ?.-C_ k, .......... Filed Map No. .. ,~ ~.~. ....... Lot .d~. ~2, .......... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . .~.i.~elc~[~. ~.~. r~.i~..~, kO. ~_.k~_~ b. Intended use and occupancy - · .[- -~- - ~-~. -r~.t. .~l.e x~7.;~ 7~rZlxT~T'd ~; 3. Nature of work (check which apg ble): New Building .......... Addit .......... Alteration Repair . ~ .......... Removal .............. Demolition .............. Other Work ............... ~ ......... .O ..................... (Description) 4. Estimated Cost../~/~./Q O O o O .. Fee ...................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units. O. tq ~ ........ Number of dwelling units on each floor.. O. ~ .~ ......... If garage, number of cars ........................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each tyre of use ............... .,t .... 7. D~mensmns of ~.x~Stmg structures, ff any: Front .~O...~ ........ Rear ~.~Q... ~ ...... Depth .O. ~....~ ~ ..... Height ~ .~ ...... Number of Stories ..... ~O,~ ........... · ' ..... . . .. ' ............. '/ ~ co~ ti Dnnensions of same structure wzth alterations or additions: Front .. ,~O....·c7. ...... Rear . .~ ...... ~ ....... Depth . ~. ~. f...q~ ( .......... Height .... O. ~ .............. Number of Stories .... ti .~'.~7~ ............. 8. Dimensions of entire new construction: Front . . ~ O..~...3 f.~.. ~ iz Rear . .~.O....~ .... Depth . .~5~....q. ..... Height . .~/~.f. .... .:... Number of Stories... I..P"~ .......................... :.., ................. Size of tot: Front ...~-..5-...~.o. Tj .......... Rear.. f.~.~:.~...~. ........... Depth q~.~ ? .~. }.o.. 9. DateofPurchase d~,~e, i{1 .~ Name of Former Owner }~'.~.~ .~.,Y~.~. 10 .................. ~ ......... ~ , ......... 11. Zone or use district in which premises are situated..'~ ~. c~.ect~l<~l .................................... 12. Does proposed construction violate any zon/ng law, ordinance or regulation: . l'~Jo. ........................ 13. Will lot be regraded ~..~ .......... Will excess f'dl be removed from premises: Yes (_No) 14. Name of Owner of premises ~.l.[.c ec~.~c ~.~n tt [-[ u il. Address33.5 ?.~ ~.%. IM..~.~Phone No(~ .a)) O,~.Sr Name of Architect ........................... Address ................... Phone No ................ Name of Contractor (~ [ ~.txn..~q .c.~t.~-~ ....... Address/~OO. S~.m ~ 1~/~ .~O Pt i~. Phone N~..i~,) .~.~a-.~.qq' ~.~' PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and~ indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YORK, COUNTY OF..,,5.q F.~..o.k..~ .... S.S ·. ~/~t3.~. ff2.~.~. ~ .......................... being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. He is the.. C o.O.~, t~lg~.o/~ ........... ........................................... i ............ i~. (Contractor, agent, corporate officer, etco) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this .......... /./f.~7~...~-, .... day of.../~. ........... , 19.8'.3. [ORk"f'rA R. Notav/ Public, State of ~ew York / No. 52-85S21S3 Oualified in Su ft3;k Count3' ~ornrrii$$ion Expires Msrc[1 30, (Signature of applicant) TOWN OF SOUTHOLD, NEW YORK FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ...... .r;"~...TJ.. ~... 7...?.-~, TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ..'~..~ ~ .Z.L~....~...~.L./.~...~.....~...Iv~R of ...S3~....~..~L.S..T~g.T~...~...~.~K,...~..~.~I~Tt~ IO03~ Name of AppeJlon~ Street and Number ......... ...i~..,~.~?.:r~.,~, ................................................................. .~..~..~...~ ............ HEREBY APPEAL TO Municipality 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 ( (X) Name of Applicant for permit of Street and N~mam~r Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY I LOCATION' OF THE PROPERTY ~.~.~.. $,~...~..o. vl[.~ A.~.~.~ ~co~Hc Street Use District on Zoning Map Mop No Lot No. 2. PROVISION (S OF THE ZONING ORDINANCE APPEALED [Indicate the Article Section. Sub- secrm- aha Paragraph of the Zoning Ordinance ~y number. Do not quote the Ordinance.) AaTICt.~ XI~ $~C. ~00-t18 E. TYPE OF APPEAL Appeal is maae herewith for A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE aue to lack of access State of New York Town Law Chap. 62 Cons. Laws Art. ]6 Sec 280A Subsection 3 4. PRE~IOUS APPEAL A Drevious oppeoJ (hos~ (has not. peen made with respect to this decision of rna Building mspecTor or with respect to this property. Such ~ppeol was ( ~ request for a special oermit t I request for a variance and was mode r Appea No ................................. Dated ( ) (x) ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance AI:N~LI:ATION FOR' 8UILDII~i P;RMIT HAS 8E~N OISAPPRO¥~D (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sery HARDSHIP because You ~IL~ ~l~:~tY us TI~ ASI~.~T~' ~ uw ~ A ~N ~ 2 The hardshiD created is UN{QUE and is not shored by aU properties a{ike in the immediate vic!nit, of this property aha in this use district because l'~ls HOUSF. Is THE ONt.¥ Ot~: OF 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~o'rH COU N~TY OF Signature Sworn to this .~ .................. ~.. ........... day of ........ .~.-~.-.~~ ..................... 5,~'.,-:~ ~ ~-~torv~ubhc Nc, 43 7~62343 Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI June 7, 1983 Mr. and Mrs. Alfred Hull 333 Pearl Street New York, NY 10038 Re: Appeal No. 3121 Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary ';~ should he noted that sln~e thi~ property is located in an agricultural area, the possibility exists that the water supply may contain trace amounts of pesticides anrll?r nitrates. Special anolysisTem ~,,4'equired., ~c~le : f30'=l" TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 March 29, 1983 Mrs. Zina Hull 333 Fearl Street New York, N.Y. 10038 Dear Mrs. Hull: In an effort to cooperate with you, and for a better understanding of the actual conditions of the building you plan to alter, I visited your property today in response to your letter of March 26, 1983. I could not find any evidence of any sanitary facilities ever having been in the building. There are many structural corrections to be made, and the chimney would not be acceptable with three smoke stack connections. If this building was ever used as a dwelling it would appear that it did not meet code requirements. I checked with Long Island Lighting Co,, who were able to look up their records, and checked the meter number. Their records show that the elentric ~vi~ ~n th~ b~iYding has been disconnected since 1973. In my opinion, this would indicate that there has not been a continued use of two dwellings on this property. In addition to this, since the building has been com- pletely gutted the alterations and renovations are certain to exceed 50% of the market value of this building and under Art. XI, Sec. 100-118 E of the Southold Town Zoning Code a variance would be required to continue this non-conforming use. Upon your receiving approval from the Board of Appeals, we can then discuss what would be necessary to bring this building up to standards required for a dwell in~. / Your~ truly, / Ed~w~rd F. Hindermann Building & Housing Inspector EFH:ec /-/,, LL Greenport, NY, for a Variance 100-60 (A) d~ (B) for . _Pecom.'c.,NY; County Tax Map {~.the Zoning Ordinance, permission to~truct a new - i~arcel NO. 10~0-86-6-16. ~cle III, Sections 100-23 and .' 100-32 for permission to re- dwelling in 't~is B-Light 8:25 p.m. Application of locate accessory structure in ~ Business.District at 860 Main JOHN AND JANET the front/side yard areas at: Bayview Read, Southold, NY;. FlOWER,S, 400 Conklin Read, Heathulie Avenue, Fishers County Tax Map Parcel No. ~ Mattituck, NY for a Variance Island, NY; Minor Subdivisiot 1000-70-7-16.2. Map of Smith-Hiltiard #155, Lot 3; more particularly known as County Tax Map No. 1000-9-6-5.2. 7:35 p.m. Application for ' HILDEGARD MORAND, by Irving L. Price, Esq., 828 %, Front Street, Greenport, NY 3 for a Variance to the Zoning Ordinance, Article III, Section 100-34 for permission to · construct addition, attaching · dwelling unit in this "A- Road, New Suffolk, NY for a ; nonconforming accessory Residential" District ;~ ~on Vo~ .... ,A ,~ ~, . structure, leaving an ~ _ . - , aA poe,, · ,~-.~,,,.,= mo ~e z~onlng ' insufficient sideyard setback ' ~/u~: ~wew Avenue, Peconic, Ordinance, Article III, Section ~. (as a principal structure), at ; County Tax Map Parcel{ 100-31, Bulk Schedule, for Old· hipynrd Lane, '.ca"o Suf pe""i iontoconstructd k ~Southold, NY; Founders: S~o~HP(~n~LuPP of. which will exceed the · 000-64-05-021. utes, at 44O Third Street, to the Zoning Ordinance, New Suffolk, NY; County Tax 7:40 p.m. Application of Article XI, Section 100-119B MapNo. 1000-117-09-020. WILHELM & SILKE FRANKEN, 75 Carroll Street for permission to erect fence 8:35 p.m. Application' of ~kl~~"--" ex.c~eding 4 in height along JACK LEVIN 59670 C R. 48, to - . ~e fruntyard-area of thcs Green rt:NY ~he Zoning Ordlnance,~.~ · . po , ,foraVariance~ Arhcle III, Section 100-31 : prem~sns more parhcularl~to the Zoning Ordinanc,~ Bulk Schedule, for Permissio~ ~.nown as 675 Boisseau Article Ill, ~ecti~,,,~ ,,~' y ce Point Section I, Man .~--~ ?~: ..... second-dwelling unit havin ....... ~w-~ \ 2752, Subdivision Lots 14 ann r~'~a°rai~n~eec.°nlc;:NY forj a ~_~less than the required 850g LEGAL NOTICE ' 15, at Greenpert; County Tax , ~ -. ~o . the Zoning :~waquare feet of livin~ area a~ NOTICE IS ~IEREBY Map Parcel No. 1000-35-6-22, ~ ornmance, Arhcle 100-32 for 59670 C.R. 48, Greenl~ort, m~r~ GIVEN, pursuant to Section ~ 23,24. permission to construct particularly identified as 267 of the Town Law and the 7:45 p.m. Application of accessory storage building in: County Tax Map No. 100~. n.n. ~. ~ Provisions of the Amended BURKE E. LIBURT, 1420 .~ Code of the Town of Southold, King Street, Orient, NY, for a ~a Regular Meeting and the ' Variance to the Zoning ~fffollowing Public Hearings will Ordinance, Article III, Section be held by the Southcld Town 100-32 for permission to Board of Appeals at the construct accessory horse Southold Town Hall, Main barn in the sideyurd area, at Road, Soufhold, New York, on 1420 King Street, Orient, NY; FRIDAY, MAY 27. 1983 County Tax Map Parcel No. commencing at 7:30 p.m. and 1000-026-02-040. asfollows: 7:50 p.m. Application of 7:30 p.m. Application for JOHN GRIGONIS, Main Bay- REV. WILLIAM j. view Read, Southuid, NY, for HILLIARD, by Irving L. a Variance to the Zoning Price, Esq., 828 Front Street, Ordinance. Article VI, Section · ~ to the Zoning Ordinance, ~,~/':55 p.m. Application of ~ Article III, Section 100-32 for · ALFRED AND ZINA HULL, :~ permission to construct 333 Pearl Street, New York, ] garage in the frontyard area, NY10038, for a Variance to the y~ at 400 Conklin Road, ~Zo~..g Ordinance, Article XI, ~ Mattituck, NY; Garden ~ecu.on. 100-118E for Heights Subdivision Map 577, permma~on to reconstruct and Lots 24 and 25; County Tax alter existing building which 0~p Parcel No: 1000-139-04. would exceed 50% of the fair mark. e!valueofthisstructure, 8:30 p.m. Application for reqmrmg a variance to RICHARD E. SULLIVAN by continueorreinstateaseC°nd~ David S. Horten, Kourns 3:40 p.m. Application of JACK LEVIN, North Road, Greenport,-NY, for a Special Exception to the Zoning Ordinance, Article III, Section lo2-30(B)[1] for permission to convert existing dwelling into tw.o-.famlly dwelling use on a mm~mum two-acre parcel located at the south side of C.R. 48, Greenport, NY; more particularly identified as County Tax Map Parcel No. 9:00 p.m. Recessed the front and side yard area at 2615 Wells Read, Peconic, NY; County Tax Map Parcel No, lo20-01~-O2-1.2. 8:15 p.m. Application for ROBERT T. KROEPEL. D.D.S. by Rudolph H. Bruer, Esq., Main Road, Southold, NY fur a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of two proposed parcels having approximately 37,069 square feet in area and 120.85 feet of road frontage, at the north side of Indian Neck Lane, Hearing: DOROTHY REISE (Owner) and RIAL REALTY · CORP. (Contract Vendee) by Rudolph H. Bruer, Esq. Tennis court and garage on a vacant parcel. East Hyatt Road, Scathe/d, NY. Any persons desiring to be heard concerning the above matters should appear at the times and place above noted. If additional 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. GOERRINGER · 1TM12-4247 CHAIRMAN STATE OF NEWYORK ) )SS: COUNTY OF SUFFOLK ) ....... ~.~a~...~.......G.==.~.a.~.==~ ................. 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.....~.,-l~. ......... week(s) successively, commencing the....~,~..~-day of ............. ~.¥. ................. 19..**..~3. ............ Sworn to before me this ................. .1....2..~ .............. day of ........... ~6,-_~. ............................ 19 ............ ,~..~. .................... HELEN K DE VOE NOTARY PUIUC, State of New York No 4707878, Suffolk County Term E~p~res March 30, Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals at the Seuthold Town Hail, Main Road, Southold, New York, on FRIDAY, MAY 27, 1983 com- mencing at 7:30 p.m. and as fo{lows: 7:30 p.m. Applicetiou for REV. WILLIAM J. BILLIARD, by Irving L. Price, ,Esq., 828 Front Street, Oreenport, N.Y., for a Variance to the Zoning Ordinance, Article B1, Sec-~ tions 100-23 and 100-32 for permission to re-locate acces- sory structure in the frout/side yard areas to Heathulie Aven- ue, Fishers Island, N.Y.; Mi- nor Subdivision Map of Smith- Hiliiard #155, Lot 3; more 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, Oreenport, N.Y. for a Variance to the Zoning Ordinance, Article HI, Sectiou 100-34 for permission to con- struct addition, at~aching non- conforming accessory struc- ture, leaving an insufficien~ sideyard setback (as a princi- pal structure), at 935 Old Shipyard Lane, Seuthold, N.Y.; Founders Estates Map 834, Lot 107; County Tax Map Parcel No. 1000-64-05-021. 7:40 p.m. Application of WILHELM & SILKE FRAN.K. EN, 75 Carroll Street, Brook- lyn, N.Y.for a Variance to the Zoning Ordinance, Article IH, Section 100-31, Bulk Schedule, for permission to construct new dwelling with an insuf- ficient- frontyard setback, at Osprey Nest Road, Cleaves Point Section I, Map 2752~ Subdivision Lots 14 and lS, at Orcenpert; County Tax Map Parcel No. 1000-35.6-22, 23~ 24. 7:45 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, Seuthold, N.Y., for a Variance to the Zoning Ordinance, Article VI, Section 100-60 (A) & (B) for permis- sion to construct a new dwell- lng in this B-Light Basinesa, O District at 860 Main Bayview Road, Seuthold, N.Y.; County Tax Map Parcel No. 1000-70-7- 16.2. ~ Application of ALFRED AND ZINA HULL, 333 Pearl Street, New York, N.Y. 10038, for a Variance tO the Zoning Ordinance, Article XI, Section 100-11gE 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¢, ~1~.~_ N.Y.; County Tas Map Parce~i~ Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold. in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ........................ ./. .............. weeks successively, commenci,ng on the ............... ./..~.. ................ Sworn to before me this .............. ./?-..~ ........ day of ............. .................... , Notary-Public 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. John 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. OFFICEOFTHETOWN CLERK TOWN OFSOUTHOLD April 18, 1983 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board o£ Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith Hull for a variance. owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Wetlands Land-Use; Notice of Disapprov~,~ from the ~uilc~ing Department; survey ~ Judith T. Terry~ Southold Town Clerk is Zoning Appeal No. 3121 application of Alfred & Zina Also included is notification to adjacent property Tidal and TOWN OF SOUTHOLD, NEW YORK ~,~PR 1 8 1983 APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~.~/c.~/ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,(We .t~ l..~.:..e.~....t.....Z...,.¥.~, ld° li/~l¢ l,~f Name of Ap~;li~,nt ..................................... ~'~"~:"n~"~l'~'~ ......................... ......... ......................................................... I:'/..:'/. ........... , EREBY APPEAL TO Municipality 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 Name of Applicant for permit of ............................ ..~....q.....~....~. ........................................................................ Street and Number Municipality State ( ) PERMIT TO USE (~)/) PERM,T FOR OCCUPANCY 1. LOCATION OFTHE PROPERTY Street Use District on Zoning Map ooo ~ec, ~ ~ o o L ....................... : ...................... O.I....& ........ 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 made herewith for (b/)/ A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 52 Cons, Lews Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal 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 ,~1 ))~2 /1 c q '/''lo ~ ~o/ b ,/J Porto ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because you 7 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE y~q STATE OF NEW YORK ) ~ .... ~ ~.L, ~)/~ ~. ~ ) ss ................... 7:.~ ...... !.?.....'Z~.. ........................... COUNTY OF/~Dg.x~/'/~) . ~ Signature .......... .......... BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~l~-i~.~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~(~ariance~(Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which,~s the subject of the Petition is located adjacent to your property and is des- cribedasfoliows: "~b ~O ~OLl-,t ~)dle,,~ AO¢~vP~ ~.:P~Co~ lC 3. That the property..Thich is the subject of such ~etition is I, ocated in th.r,-followi, ng zoning c~istrict: tooo old. 15loclc oq I ooq [ / 4. That by such Petition, the undersigned will request the following relief: ,3 $. That the provisions of the Southold Town Zoning Code.applicable to the relief sought by the under- signed are Article ~ ] Section_ I 0 0 - I I ~ r:_ 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. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing most be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman. newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such .hearing. Petitioner ~ ~ / Post Office Ad~Jress NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS RECEIPT FOR CERTIFIED MAIL---~¢ (plus postage) SENr TO ROBERT JOHNSEN STREET ANO NO. __~'~00 SOUNDVIEW AVE. BOX P.O., STATE AND ZIP CODE SOUTHOLD, NEW YORK 11~)71 OPTIONdL SERVICES FOR ADDITIONAL FEES RETURN ~ 1. Shows to whom and date delivered ........... 15¢ With deHvery to addressee only ............ 65¢ RECEIPT p 2, Shows to whom date and where RelivereR .. 35¢ SERVICES With delivery to addressee on y ............ 85¢ DELIVER TO ADDRESSEE ONLY .................................................... 50~ ~PECIAL DELIVERY (extro fee required) .................................... POSTMARK OR DATE PS Form 3800 Apr. 1971 NO INSURANCE COVERAGE PROVIDED-- (See other NOT FOR INTERNATIONAL MAIL · o..ws ,o whom a.E~a~el ~ au/ ~OR INTERNATIONAL MAIL STATE OF NEW YORK ) COUNTY O~ ) Z INA HULL . SS.: of APRIL ., 19 83 verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at CHURCH STREET ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn Le-;ee~re me this Notary Public /3_ , residing at 333 PEARL STREET, NEW YORK, NEW YORK , being duly sworn, deposes and says that on the 1 .~TH day deponent mailed a true copy of the Notice set forth on the re- Zina Hull 333 Pearl Street New York, NY 10038 NO, ROBERT JONNSEN 4300 SOUNDVIEW AVENUE BOX 1494 SOUTNOLD, NEW YORK 11971 Zina Hull 333 Pearl Street New York, NY 10038 No. 67127B AGWAY, INC. BOX 4933 SYRACUSE, NEw YORK 13221 SHORT ENVIRON-MENT.tL ASSESSMENT FORM INST~UCT!ONS= (a) In order to answer the questions in this short EAF is is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action· It is not ex?ected that additional studies~ 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 answered No it is likely that this project is no__t significant, (d) Environmental Assessment Will project result in a large physical change to the project site or physically alter more than 10 acres of land? · · · · . . . , Will there be a m~Jor change to any unique or unusual land form found on the site? . · 3.Will project alter or have a large effect on an existing body of water? · , · , , , Will project have a potentially large lmpac~ on groundwater quality? · , · · , · · 5. Will project significantly effect drainage flow on adjacent sites? , . . . . . . , 6.Will project affect any threatened or endangered plant or animal species? , , , , , , · , 7.Will project result in a major adverse effect on air quality? · , , , , , , , · 8. Will project have a mm Jot effect on visual char- acter of the contmunity or scenic views or vistas known to be important to the community? . · o 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? . . . 10.Will project have a major effect on existing or future recreational opportunities? . . . 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors~ noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . 13, Will project have any impact on public-health or safety? 1L, Will project ~£fect the existing community by directly causing a ~rowth in permanent popula- tion of more than 5 percent over a one-year period ox- have a major ns'gative effect Dn the character of %he com.munity cr neighborhood?, ~, -Yes . 15. Is there public controversy, coqoernlng the prooect? Yes PREP ARER' S. S IGHATURE: ~~ TITLE: Yes Yes ~No Yes L/~No Yes ~No Yes '~No Yes ~//No Yes /No Yes /No Yes /No Yes L'//No ' Yes L,/ No C (Today; ' s D To: Southo!d Town Board of Appeals Re: blain Road Southo!d, NY 11971 Appeal~_ - Application of Location of P=ooe~=y. 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 ~' c~.~ one box) [ ] Nay be located within 300 feet of tidal wetiands; however, constructed along the water-lying edge of this prcper%y is a bulkhead in very good condition and at least 100 feet in length.* [ ] May_ be located within 300 =ee= = ~ of tidal wetlands; however, constructed along the water-lying edge of this~oro~e~t~-. _ ~ is a bu~::nead'~' ' in need of (minor) (major) repairs, and am~roximate!y feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. not [ ] appear to Play be located within 300 feet of tidal wetlands; .and there is nc bulkhead or concrete wall existing on ~= premises Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S. D.E.C.] Sincerely yours, NOTE: If proposed project falls wit~lin D.E.C. jurisdiction, approval must be received an.d submit{6d to our office before your application can be .scheduled for a public hearing. .. ':::.~ ~.:':' ...' .. .... · . "~ .: · . '.. ................... n ~.~ ....... '.,. :.i. ."' -..:.. ':~' '-- ". .% I 0