HomeMy WebLinkAbout3010
uthold Town Board o£Appeals
MAIN I~EIAD- ~ITATE I~DAD ~-5 SOL!THE]LD, L.I,. N.Y.
TELEPHONE (516~ 765-'~809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal ~o. 3010
Application Dated June 30, 1982; Filed July 2, 1982
TO: ~. and Mrs. John E. Clark
800 Albo Drive
P.O~ Box 670
Mattituck, NY 11952
[Appellant (s] ]
At a Meeting of the Zoning Board of Appeals held on July 29, 1982
th~ above appeal was considered, and the action indicated below was taken
on your [ ] Request for Vari~ance 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 matter was held on ~uly 29, 1982.
Upon application of JOHN E. AND PATRICIA Ao CLARK, 800 Albo Drive,
Laurel, NY for a Va~iance to the Zoning Ordinance, Article III, Section
100-3~ for permissioh'-t'o construct addition to dwelling leaving an
inkufficien~.~ear~ard sAtback at 800 Albo Drive, Laurel, NY; bounded
north by Albo Drive; west by Krogman; south by Schonewald and Macri;
east by ~Hubbard; more particularly known as County Tax Map Parcel No.
1000-126-3-9.
The board made the following findings and determination:
By this appeal, appellants seek permission to construct a 20' x 15'
screened-in porch addition to existing dwelling, reducing the rearyard
setback by 20 feet. The premises in question contains an area of
approximately 17,500 square feet, having frontage along Albo Drive of
126' and an average depth of 152'. Existing on these premises is a
one-family private dwelling situated 53.6' at its closest point from
Albo Drive, situated 40' from its closest point to the rear properny
line and approximately 50' from the rear property line in the area of
this proposed addition. The board agrees with appellants in the
reasoning of this application and find the relief requested to be
practical and feasible under the circumstances.
In considering this appeal, the board determines that the variance
request is not substantial~ that the circumstances herein are unique and
practical difficulties have been shown; that by allowing the variance no
substantial detriment to adjoining properties would be created; that the
difficulty cannot be obviated by a method, feasible no appellant, 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.
On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was
RESOLVED, that Appeal No. 3010, application of JOEN E. and PATRI-
CIA A. CLARK for permission ko construct (screened-in porch) addition
(CONTINUED ON PAGE TWO)
DATED: August 16, 1982.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 Appeal No. 3010
Matter of JOHN E. A/~D PATRICIA A.
Decision Rendered July 29, 1982
CLARK
with an insufficient rearyard setback, be and hereby IS GRANTED SUBJECT
TO THE FOLLOW/NG CONDITION:
That the proposed addition remain as a porch (and not living or
sleeping quarters).
Location of Property: 800 Albo Drive, Laurel, NY; County Tax Map
~istrict 1000, Section 126, Block 3, Lot 9.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
DoUglass and Sawickio This resolution was unanimously adopted.
akman l~rd ~f
RECEIVED AND FILED BY
~E $OU~{OAD TOWN CL~
APPEALS ~3OARD
~'~EMJ3ERS
GERARD P. GOEHRiNGER. CHAIRMAN
CHARLES GRIGONIS. JR.
SERGE DOYEN. JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCK!
MAIN ROAD-STATE RDAD 25
of Appeals
SOUTHOLD. L.t., N.Y, ]]971
TELEPHONE (516) 765-1809
NOTICE IS ~EREBY GIVEN, pursuant to Section 267 of the Town Law
and the Provisions of the Amended Code of the Town of Southold, a
Regula~r Me~t!ng and the fcl~owl~ publ~c~l~ will be held by
the Board o~ Appeals at the Town Hall, Main Road, Southold, NY on
Thursday, ~uly 29, 1982 commencing at 7:30 p.m. and as follows:
A 7:30 p.m. Application of ~OH~ ~. and PATRICIA A. CLARK, 800
lbo Drive, Laurel, NY for a Variance to the Zoning Ordinance,
Article III Section 100-31 for ~-~ .... construct addition
to dwelling leaving an insufficient rearyard setback at 800 Atbo
Drive, Laurel, NY; bounded north by Albo Drive; west by Krogman;
south b~ Schonewald and Macri; east by Hubbard; more particularly
known as County Tax Map Parcel No. 1000-126-3-9.
7:35 p.m. Application of PAUL PEDERSEN, by Rudolph H. Bruer,
Esq., Main Road, Southold, NY for a Variance to the Zoning Ordin-
ance, Article III, Section 100-31 for permission to construct
addition to dwelling ~eaving an insufficient rearyard setback at
300 Summer Lane, Southold, NY; bounded north by Ragsdale; west by
Summer Lane; south by Czelatka; east by Tillistrand; more parti-
cularly known as County Tax Map Parcel No. 1000-78-9-23.
7:40 p.m. Application of MATT!TUCK AIR~ASE iNC., Airway Drive,
Mattituck, NY for a Special Exception to the Zoning Ordinance,
Article VIii, Section 100-80B(i) for permission to ~lter and con-
struct addition in a "C-Light" District located at 410 Airway Drive,
Mattituck, NY; bounded north by New Suffolk Avenue ~nd Wickham;
west by Bagshaw, Peconic Corp., and Wickham; south by Park Avenue;
east by Wickh~, Parkin, Tandy, Wickh~, and ~olman; more particularly
known as County Tax Map Parcel No. 1000-123-1-2.
7:55 p.m. Application of WARREN E. and ELLEN HUFE, by Rudolph H.
Bruer, Esq., M~in Road, Southold, NY for a Variance 5o the Zoning
Ordinance, Article Xi, Section 100-118(d) for permission to retain
former nonconforming one-family dwelling use of existing house located
in this "B-i" District. Location of Property: 3900 Youngs Avenue,
Southold, NY; bounded north by Harris; west by Youngs Avenue; south by
C.R. 48; east by Edson; more particularly known as County Tax Map
Parcel No. 1000-55-2-16.
~a~ Notice Fage z
ou~o±~ _~own Boara of Appeals
Regular Meeting and Public Hearings ~or July 29, 1982
8:05 p.m. Application of PETER D. PIZZARELLI, by Edson ~nd
Bruer, Esqs., Main Road, Southold, NY, for a Variance t-o the Zoning
Ordinance, Article IIi, Sections 100-30 IA) and (C) for permission
to construct an addition to an existing accessory building conver~-
lng same into a two-bedroom cottage for family and guest use in an
"A" Zone, in addition to the main dwelling. Location of Property:
5710 Indian Neck Lane, Peconic, NY; bounded north by Botson; west
by Wood; south by Hog Neck Bay; east by Tuthitl; more particularly
known as County Tax Map Parcel No. 1000-98-5-14.3.
8:15 p.m.
by William
a Variance
permisslon
cient area
Application of REICH BROTHERS AUTOMOTIVE SERVICE INC.,
H. Price, Jr., Esq., 828 Front Street, Greenport, NY, for
to the Zoning Ordinance, Article IX, Section 100-93 for
to divide pr~mlses into two parcels, each having insuffi-
and width, and proposed Parcel 2 having insufficient
setbacks due to the ~ ~ ~ ~ ~ ~=~ .... ~ · ~=~ of
Property: East side of Rocky Point Road, East Marion, NY; bounded
north by Yanas; west by Rocky Point Road; south by Muir; east by
Nowell; more particularly known as County Tax Map Parcel No. 10C0-
31-2-20 and 21. Zone District: C-1 General Industrial.
Dated: July 8, 1982.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski, Secretary
Copies on or about 7/19/82 to the following:
Mr. and Mrs. John E. Clark
Rudolph H. Bruer, Esq., as attorney for:
Mr. Paul Pedersen
Mr. and Mrs. Warren E. Hufe, Jr.
Mr. Peter D. Pizzarelli
William H. Price, Jr., Esq. as attorney for Reich Brothers Auto. Service
Mattituck Airbase, Inc.
Town Clerk Bulletin Board
Suffolk Times, Inc.
L.I. Traveler-Watchman, !nc.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
CLe,~K -dO~N t:~. ,~ p
To ............. 1 ......................
· ~. ?.o... ?.,... ~)-?~...~.~ ....
..... U ~t ~.<<.~...~.'.Z ..... t..~
PLEASE TAKE NOTICE that your application dated .........................
~ ~t~ ... at
for pe~it to construct .........................................................
L ..... ~3 ~L~O ~ ~ ~k~
ocanon Ol rroper~y ...............................................................
Hou~ No. Stroot Hamlot
County Tax Map No. 1000 Section ...... /. ~ .0... Block ....... ~ ..... Lot .~ ..........
Subdivision ...... ' ........... Filed Map No ................. Lot No ..................
is returned herewith and disapproved on the following grounds . ./.¥..~/J...~. I~.[.F. ~.~..~. ...........
· ~.~. .... :/.~..~ ....... A~.-~:.. ..... (.q~.'. 57./ .............................
Building Inspector
RV 1/80
TOWN OF 'SO~HOLD~ NEW YORK
APPEAL FROM DECtSI'ON. OF BUILDING INSPECTOR
TO' THeE ZON'~N,G BOARD'OF'APPEALS, TOWN OF SOL[THOLD; N. Y.
......................................................................................................................... HEREBY ~P~L TO
M~iCioal,ity $~
ME ZONI'NG BOARD OF' APPEALS FROM, THE D,ECIS~ON OF THeE B~I~LDII'q~ iNSPECT'OR ON
APPUCATION FOR PER6RIT NO. .................................... DATED ....~..473.~..~t~ .................
WHEREBY THE BUILDI,NG iNSPECTOR DENIED TO
JohnE. and Pat~icia A.
Name of Applicant for p~rmit
800 Albo D~ive~ ~a~';:;,~, New Yo~
Street end Number Mun-i~cip~li~y State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( ~ p~t to eo~g~ct ~tion
t L~AT[ON OF THE PROPERTY ~.9...~Y.~ ..........................
Street ~sa Distri~ on Zon'ing ~p
10~ Sea,ion 126 Bloek 3 Lot 9
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,)
A~tial® ZIZ 100o31
3. TYPE OF APPEAL Appeal: is made herewith for
( ) A VARIANCE to f, he Zoning Ordinance or Zoning MOp
( ] A VARIANCE due to lack of access (State of New York. TOWn Law Chap. 62 Cons. Lows
Art. f6 Sec. 280A Subsection 3
~ PREVIOUS APPEAL A previous appeal (1!~.~) (has not) been mode with respect to this decision
of the Building Inspector or with respect to this property.
So, ch cppea! wczs ( ~ request for a special permit
( ) request for a vanance
and was made in Appeal No ................................. Dated ......................................................................
[ }
Cx)
is reqd,esrea for the reason
REASON FOR APPEAL
A ,Variance to Section 280~, Subsection 3
A Variance to the Zoning Ordfnanee
Forzn
(C0nti,nue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneFes-
sot,, HARDSHIP because 1;o ~ t~ ~i~L~t~;~o1~ ~ ~ ~ ~ ~ ~
2 The ncrdstmD creoted is UNIQUE and is not shored by all properties aliEe in th~ immediate
vicinity of this property and in this use district bec.c~use O% the ~O,~ig?~,~8.t~iO~
lot ~d ~itio~, o~ ~he houze, &~ ~-o~d ~ ~e p~ti~le to
3 Tine var,once would ooserve the soirit o~ the Ordinance and WOULD NOT CHANGE THE
C.~ARACTER OF THE DISTRICT ~ecause ;it, W~Z~ ~ ~'~'ee*: t~e s~pe~ e~
STATE OF NEW YORK )
) ss
COUNTY OF SUFFOLK )
Sworn t-~ this .............. .3..Otb. ..................... da~ of.. J.~O,~ ......................................... 19 82
~4otarv Public
DEPARTMENT OF PLANNING
(516) 360-5513
LEE £. KOPP£/-MAN
OIRE:(:TOR OF' PLANNING
Town of Southold
Board of Appeals
August 23, 1982
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
Vincent W. Annabel
Peter Kujawski
Raymond & Joan Young
Lucy E. Michaels
Henry S. Kozen
Gerard Galliano
Estelle L. Weinrib
Elwood & Carol Hughes
Annette Golden Carnes
Warren E. & Ellen Hufe
John E. & Patricia A. Clark
2805
2946
2964
2989
2990
2993
2994
2995
2997
3009
3010
GGN:jk
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald C. Newman
Chief Planner
$ uthold Board of Appeals
Town
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:
X 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.: 3010 Applicant: John E. and Patricia A. Clark
Location of Affected Land: 800 Albo Drive, Laurel
County Tax Map Item No.: 1000-126-3-9
Within 500 feet of:
__ Town or Village Boundary Line
__ Body of Water (Bay, Sound or Estuary)
X 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 is requesting permission to .... construct addition
dwelling leaving an insufficient rearyard setback.
to
Copies of Town file and related documents enclosed herewith for your
review.
Dated: August 4, 1982
Temp. Secr~'tary, Board o~ Appeals
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H, SAWlCKI
August 2, 1982
Mr. and Mrs. John E. Clark
Albo Drive, P.O. Box 670
Mattituck, NY 11952
Re: Appeal No. 3010
John E. and Patricia A. Clark.
Dear Mr. and Mrs. Clark:
Please be advised that the following action was taken at a
Regular Meeting of the board held last Thursday, July 29, 1982
concerning the above appeal application:
RESOLVED, that Appeal No. 3010, application of JOHN E. and
PATRICIA A. CLARK for permission to construct addition with an
insufficient rearyard setback, be and hereby IS GRANTED SUBJECT
TO THE FOLLOWING CONDITION:
That the proposed addition remain as a porch (and not living
or sleeping quarters).
This resolution was unanimously adopted.
An official, formal determination and findings will be filed
with the office of the Town Clerk as soon as possible and simul-
taneously forwarded to you for your records.
If you have any questions, please don't hesitate to call. If
you wish to start construction as early as possible, please return
to or call the Building Department for issuance of your building
permit (765-1802).
Yours very truly,
GERARD P. GOEHRINGER
cc: Building Department CHAIRMAN
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 of
the Town Law and 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 Board of
Appeals at the Town Hall,
Main Road, Southold, N.Y. on
Thursday, July 29, 1982 com-
mencing at 7:30 p.m. and as
follows:
; 7:30 p.m. Application of
./'JOHN E. and PATRICIA A.
CLARK, 800 Albo Drive, Lauro
el, N.Y.for a Variance to the
Zoning Ordinance, Article I11,
Section 100-31 for permission
to construct addition to dwell-,~-
lng leaving an insufficient
reuryard setback at 800 Albo
Drive. Laurel, N.Y.; bounded
north by Albo Drive; west by '
lc, tog/nan; south by Schone,
wald and Mac'ri; east by Hub-
bard; more particularly known
as County Tax Map Parcel No.
~1000-126-3-9.
7:35 p.m. Application of
PAUL PEDERSEN, by Ru~
dolph H. Bruer, Esq., Main
Road, Southold, N.Y. for a
Variance to the Zoning Or-
dinance, Article III, Section
100.31 for permission to con-
strUct addition to dwelling
leaving an insufficient rear-
yard setback at 300 Summe~
Lane, Southold, N.Y.; bound,,/
ed north by Ragsdale; west by
Summer Lane; south by Nork-
lun; east by Tillistrand; more
particularly known as County
Tax Map Parcel No. 1000-78-9-
23.
7:40 p.m. Application of
MATT1TUCK AIRBASE INC.,
Airway Drive, Mattituck, N.Y.
for a Special Exception to the
Zoning Ordinance, Article
VIII. 5eetlan 100-1~0B¢ll f~
converting same into a two-
bedroom cottage for family
and guest use in an "A" Zone,
in addition to the main dwell-
lng. Location of Property: 5710
Indian Neck Lane, Peconic, !
NY; bounded north by Rolson; ~[
west by Wood; south by HogS[i
Neck Bay; east by Tuthill; ~
more particularly known as
County Tax Map Parcel No. I]
1000-98.5-14.3.
8:15 p.m. Application of
REICH BROTHERS AUTO-
MOTIVE SERVICE INC., by
828 Front Street, Greenport,
NY, for a Variance to the
Zoning Ordinance, Article IX,
Section 100-93 for permission
to divide premises into two
COUNTY OF SUFFOLK
ss:
STATE OF NEW YORK
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-
mtn once each week for ........................ ~ ............. weeks
successively, commencing on the ............... ..~..?. ...............
Sworn to before me this ............... ../...d.. .......... day of
¢!::. 52-'5~21725
)TICE
HEREBY
~t to Section
Law and the
' he Amended
n of Southold,
r~ting and the
· hearings will
~he Board of
a Town Hall,
dhold, N.Y., on
ly 29, 1982,
7:30 p.m. and
a~?~plication Of
PATRICIA A.
Mbo Drive,
ir a Variance ~o
the Zoning Ordlnnnc~ A~cle"'~
permission to
addition to dwellin[,~i~n~,-ing a.n.
insufficient rearyard setback
at 800 Albo Drive, Laurel,
N.Y.; bounded north by Albo
Drive; west by Krogman;
south by Schonewald and
Macri; east by Hubbard;
more particularly known as
County Tax Map Parcel No.~
1000-126-3-9. '
7:35 p.m. Application of
PAUL PEDERSEN, by
Rudolph H. Bruer, Esq., Main
Road, Southold, N.Y., for a
Variance to the Zoning
Ordinance, Article III, Section
100-31 for permission to
construct addition to dwelling L, Light" District located at 410
leaving an insufficient~'~ Airway Drive, Mattituck,
rearyard setback at 300 ~ N.Y.; bounded nor~ b~y. Ne~,
Summer Lane, Southold, SuffolkAvenueandwiczma~;
N.Y.; bounded north by west by Bagshaw, Peconic
Ragsdale; west by Summer Corp., nadWickham; southby
Lane; south by Norklun; east Park Avenue; east 'by
by Tillistrand; more Wickham, Parkin, Tandy,
particularly known as County ~: iD: Wickham, and Holman; more
particularly known as County
23. Tax Map Parcel No. 1009.1~.
Tax Map Parcel No. 1000-78-9-
7:40 p.m. Application of
MA'VI'ITUCK AIRBASE INC.,
Airway Drive, Mattituck,
N.Y., for a Special Exception
to the. Zoning Ordinance,
Article VIII, Section 100-
80B(1) for permission to alter
and construct addition in a "C-
7:55 p.m. Application
WARREN E. sod ELLEiq
HUFE, by Rudo~l~ fl. Bru~,
Esq., Main Road, $outhold,
N.Y., for a Variance to ~e
Zoning Ordinance, Article/0,
Section leO-liS(d) for
permission to retain former
nonconforming one-family
dwelling use of existing house
located in this "B-I" Districtt~.-
Location of Property: 3900
Youngs Avenue, Southold,
N.Y.; bounded north by
Harris; west by Youngs
Avenue; south by C.R. 48; east
by Edson; more particularly
known as County Tax Map
Parcel No. 1009.55-2-16.
5:05 p.m. Application of
PETER D. PIZZARELLI, by
Edson and Bruer, Esqs., Main
Road, Southold, N.Y., for a
Variance to the Zoning
Ordinance, Article III,
Sections 100-30(A) and (C) for
permission to construct an
addition to an existing
accessory building converting
same into a two-bedroom
cottage for family and guest/'
use in an "A" Zone, in addition
to the main dwelling. Location
of Property: 5710 Indian Neck
Lane, Peconic, N.Y.; bounded
north by Bolson; west by
Wood; south by Hog Neck
Bay; east by Tuthill; more
· particularly known as County
~Tax Map Parcel No. 1000-~8-5~
14.3.
8:15 p.m. Application of
REICH BROTHERS
AUTOMOTIVE SERVICE
INC., by William H. Price, Jr.,
Esq., 828. Front Street,
Greenport, N.Y., for a
Variance to the Zoning
Ordinance, Article IX, Section
100-93 for permission to divide
premises into two parcels,~-
each having insufficient area
and width, and proposed
Parcel 2 having insufficient
setbacks due to the location of
the proposed lot line. Location
of Property: East side of
Rocky Point Road, East
Marion, N.Y.; bounded north
by Yanas; west by Rocky
Point Road; south by Muir;
east by Nowell; more
particularly known as County
Tax Map Parcel No. 1000-31-2-
20 and 21. Zone District: C-1
General Industrial.
Dated: July 3, 19~2.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD p. GOEHRINGER ~,
CHAIRMAN
COUI/TY OF SUFFOLR,
STATE OF NEW YORK, ~ ss:
J
· .T.r. 9~. Gustavson
.............................. being duly Sw0
scrys that h..e ...... is Printer and Publisher of the SUFFOi
WEEKLY TIMES, a newspaper published at Greenport, in ~
county: and ghat the notice, of which the annexed is ~ prin!
copy, has been published in the ~aid Suffolk Weekly Ti~
once in each week, for one
successively commencin~ on the 22nd
..................
S er. ,o be,ole" .....
aa¥ of., July. ........... 19.82. I
.......
K
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OI VITAL STATISTICS
South01d, L. I., N. Y. 11971
July 2, 1982
TELEPHONE
(516) 765 1801
To:
Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
JTT/bn
Enclosures
Transmitted herewith is Zoning Appeal No. 3010 application o~ John E. &
Patricia A. Clark 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 £rom the Building Department;
and survey.
~2Yudith T. Terr~ /y~
~ Town Clerk ~/
TOW, O7 SCUT,O.,.
' FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. ~ ~) / ~
DATE ...~..~1~ ,..~1.9.82
TO YH~ ZC~ING' 8bA~,D 0~: APPEALS, TOWN b F S"~UTHOLD, N ~:" ' ~' ' '" ~
.............................................. ~rive
Name 6f Appellon~ Number
...... ~.....~.~.e~ .................................... .~ ~.~ HEREBY APPEL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ..... ~13~,Q...~.;L~..198~. .................
WHEREBY THE BUILDING INSPECTOR DENIED TO
of
Street and Number
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( ) pez~L.tite s~.Jstz,~et &d~Ltiea
Name of Applicant for permit
800 Albe D~ive,.. ~a~z'e! ,, .I..e~ Y,9,~ .
Municipality State
.........
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.)
A~t~le III 100-31
3, TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
:(~ ),, 4A~VAI~IAN~~ due t,o ia~¢k, of access_ ¢S~tgte' 9.f New York Town Law Chap. 62 Cons. Lows
,A~t. 16 See~2~A~t,on 3,:"~ ~ ~ ~ ';. 'L ~:~ '~ -,. [;~
4. PREVIOUS APPEAL A previous appeal (Ir~) (has not) been made with respect to this decision
of the Building Inspector or with respect to this praperty.
Such appeal was ( ) request for o special permit
( ) request for o variance
and was made in Appeal No ................................. Dated ......................................................................
( )
(X)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that &~pllOm~t W~S~®S tO &~Jd ~o ~e~ ef p~ee~
~et~e se tkat emt~ ~e~te eu be ~o~ e~stl~ ~e~ ~e~.
houoo.
Form ZB1
(Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because t;o &rid the &dd.ttiola te eith®r side ef th® e:rl'~i;.lag
structure would h&ve am adverIe affeot ca t~ae a~pea~maee cf the
house awd deorease its value.
2 The hardship created is UNIQUE and is not shored by all properties alike in the immediate
vicinily of this property and in this use district bbc6a~e Of' t;~b.e ~el~%~r&~[oa o~' tho
· ,. :: , ,lot.. a~4:.~aSt~ie~ 0£ the ho~e,,~,~i~, wo~!d enl7 be pr&etieable to
plaoe the a~ition ia the rea~.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTp, ICT because ~1.~; ~u'ld l~gt, a~eGt; t~ &~o~,r&l~e o~'
the heuse f~em ~e f~ent er side vie~. ~erefo~e weald net
adversely affeot a~2 ef the s~re~dAng pz~pe~ties.
STATE OF NEW YORK )
) ~s
cOuNTY 'OF suFFOLK )
Signature
Sworn t~, this ........... ~.0. f~ ......................... day of .... June ...................................... 1982
Notary Public
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Pet t on ~of
to the ao~d of Appealsnf~h~lh'$f.g~
TO:
Ra~ond ~. ~o~
~OU A~E HESEBY ~1~[~ NOTICE:
NOTICE TO
~iROPEiRTY O~iE iR
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance)
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: I~00 A3ho ~ve; LtuPe:[: Bounded NoPI;h b~ Albo ~:fLVO_.
Eailt b7 Hubbard, ;South b7 Mao~ and 8ehonowa~d and ¥08t by K~ogman
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:
poz~Laa~on to oonet~uot · eo~oen po~oh oneloeu~o to tho
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are A---'T~cle TTT Section_ 3.00-33-
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the S~f~fo[k Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town ofS~outho d and d~sYg~i~ted To~the,p~bhcat~on of such notices; that you erWour repres~t~t~e~Tave the
right to appear and be heard at such hearing. +: o-f ~.~
Post ~fice Addr~s
~.o. ~z 670
NAME
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
Leste~ E. Hubbard
De~iniok ~ae~i
Albo D~ive
Mattitue~ew Ze~k_!~$~
2J$0 effe aea Avenue
ine la, New Yo k ll Ol
Ra aond J. X oga a
~illia~ Sehene~aX~
2:'
)v.r'~ ~ od£A
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
, residing at , ~00 Albo l~tve_. H&ttttuek
, being.duLy sworn, deposes and says that on the ~JOSh day
of ff""e ,19 _J~?~, 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(thek~[espective
names; that the addresses set opposite the names of said persons are the addresses ~*f sai,d pe~'sbn~ aK shown on
the current asseSsment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at R4 v~-,~,~md: li'~ ¥oPt ; that said Notices were mailed to each of said persons by
(certified) (rtelkate~l[) mail.
Sworn to before me this 3Otl~
day~:f ,Time ~ ,19 82
,/' ~tary Public
(P&tricia A. Cla~k)
B.tEN J. ~
Not~v ,~ ': ~tate of New v,xg,
: ~. ,~'~.-6383775
Quouf~ed in Suffolk Coun~
Comm,~i~n ~:.?:;"~S ~?~rch 30, 19~
J O~HN Q~j ~LARK
Albo-~xP~,O ~ .If~.: ~ 670
Ma t t it~o'{~,w bY~r ~Yor~t 9512i952
Jun ~u?~ ~2!t~ £1982
Building Department
Town of Southold
Main Road
Southold, New York
11971
Gentlemen:
Request is hereby made~ £o~'~f-~-~peYmi't to
erect a 15' x 20" scr~~utr~ ~ the
rear of my home.
Enclosed is a copy of~i~t~i~t~!~t~%t~ of
said enclosure.
J ~in~ oYhn fEi. a ~lark
(Today's Date)
To:
Re:
Southold Town Board of Appeals
Main Road
Southold, NY 11971
Appeal Application of J®~m E. mad Patriaia A. Cl~k
Location of Property: ~~m_~__~_ok~ ~.~o
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 NYCRR, Part 661, and Article 25 of the New York
State Environmental Conservation Law, please be advised that the
subject property id the within appeal application:
(please check one box)
[ ] May be located within 300 feet of tidal wetiands;
however, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.*
[ ] May ~e located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs, and approximately feet in
length.
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
£ ]
May be located within 300 feet of tidal wetlands;
and there is no bulkhead or concrete wall existing
'on the premises.
-Ix]
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items~(*) indicate your property does
not appear to fall within the jurisdiction of the N.Y.S.D.E.C.]
Sincerely yours,
(Signature please)
~'~ SiJORT E ,~ ,0 ...... TAU AS
· SESS,JE~,I
?
· ~ IHSTRUCTIOHS:,
"~) In order to answer the questions ~n this short EAF i~ is'assumed
tha~ the prepore~ will use. currently available information concerning the
project and the likely impacts of the cation. I% is not expected that
additional studies, research or other irlvestlgmtions %';ill be undertaken.
(b) If may question has been cashiered Yes the project may be
$igmi£icen~ and o completed Environmental Assessmen~ Form is necessary..'
(c) If oll question5 hove been answered No it is likely %hat this
projcc~ is not significant. ' . (d) Environmental Assessment "
1. %'.'ill projec~ result in o large physical change : '
to the project' site Or physically alter more
than 10 acres of land? ........................ Yes X No
2. ¥1ill there'be o major change to any unique or
-unusual land form found on the site? .......... Yes X
3. ¥/ill project alter or have a large' effect on
Ye~ X
ax~sting ~ady oF water? .......................
4. Will project hove a paten%icily large impact ,
on grouad~vater quality? ....................... Yes
5. Will project significantly effect drainage
£1ov! on adjacent si~es? ..................... ;.. Yes X NQ '
6. Will project affect uny threatened or
endangered plant or animal species? ........... Ye~.~ No
7. Will project result in o major adverse eft,ab% ~ · .
On air quell±y? ............................... ----Yes X No
8. ¥/ill project hove o major effect on visual
character of the community or scenic views or
vistas known to:be important %o %he community?. 'Yes,
~. Y/ill project o'dversely impac~ any site or ..
s~ructure of historic, prehistoric or
paleontological imporlance or any site
designated as a critical environmental area
by a local agency? . ...-..v~- ~ ~--~ ~-_ Yes X N
10. %'Jill project have a major efface on exis%ihg
or fuFure recreational opportunities?.' ....... Yes X No
11. ¥~ill project result in.major %raff~c problems ....
or. cause O major eFfecl ~o ex-isting
Fronspor%ation systems? ....................... Yes X No
12. Will project .regularly cause objectionable ''
odors, noise,' 91ore, vibration, or elec'~ricol
disturbance os a resull of %he project's
opcro~ion? ' ' Yes X
13. ¥;ill project have an), impact on public healfh '
or.safety? .................................... Yes X No
1~. Will p~ojec~ affect the existing community by --
directly causing o growlh in permanent
· population of more than 5 perccgt over a one
ycor period or have o major negative
on the choro'cfer of the community or
neighborhood? ................................. Yes X No
15. Is there public controversy conccrnlng
project? ....................................... Yes X No
PREPARER'S S]CHATURE
REPRESEtlTING
Jun, 30, 1982
:O0,4A(c)
1.4
¥.
30A(c)
3, ?