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Home My WebLink About2945 Southold Town Board of Appeals WAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2945 Application Dated February 1, 1982 TO: Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on May 7, 1982 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 [X] Request for Variance to the Zoning Ordinance Article III , Section 100-31 [ ] Request for Public Hearing held 5/7/82: Application of Hubert K. and Catherine P. Harren, Sound View Avenue, Mattituck, NY (by Abigail A. Wickham, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of two parcels near Saltaire Estates Sub- division and more specifically identified as County Tax Map Parcels No. 1000-100-1-20 and 6; bounded north by Ahern .and Dormer; west by Reeve Road; south by Hallinan and Wowak; east by Saltaire Way. The board made the following findings and determination: By this appeal, appellants request permission to divide premises, which the building inspector has deemed to be one parcel since the change of zoning in 1971 to one acre, into two separate lots as existed when originally conveyed to the appellants herein, i.e. easterly parcel (County Tax Map District 1000, Section 100, Block 1, Lot 20), by deed dated December 31, 1963 and ~ecorded at Liber 5478 cp 167, and the westerly parcel (County Tax Map District 1000, Section 100, Block 1, Lot 6), by deed dated November 12, 1959 and recorded at Liber 4726 cp 354. The lot area of the parcels, respectively are approximately 30,000 and 34,000 square feet and each with the minimum requirement of 150 feet road frontage. Existing on the westerly parcel is a one-family private dwelling, and the easterly parcel is vacant. These lots will be substantially larger than those generally in the neighborhood, and the board agrees with the reasoning of appellants. In considering this appeal, the board determines that the variance request is not substantial in relation to the code require- ments; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant(s), 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 har- mony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as applied for. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the application of Hubert K. and Catherine P. (SEE REVERSE SIDE) DATED: May 14, 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 2945 Matter of Hubert K. and Catherine P. Decision Rendered May 7, 1982 Harren Harren for approval of insufficient area of two parcels as applied for in Appeal No. 2945, be and hereby IS GRANTED AS APPLIED FOR. Location of Property: Near Saltaire Estates Subdivision and more specifically identified as County Tax Map Parcels No. 1000- 100-1-20 and 6; bounded north by Ahern and Dormer; west by Reeve Road; south by Hallinan and Wowak; east by Saltaire Way. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Douglass. (Member Sawicki was absent.) RECEIVED AND FILED BY APPROVED ~hairman~ Roag'of Appe~s APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONtS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TELEPHONE (516) NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be scheduled for public hearings in addition to those previously scheduled to be held on Friday, ~%~~at the time specified below, at the Southold Town Hall, Main Road, Southold, NY: x 8:00 p.m. Application of Hubert K. and Catherine P. Harren und View Avenue, Mattituck, NY (by A. Wickham, Esq.) for a riance to the Zoning Ordinance, Article III, Section 100-31 r approval of insufficient area of two parcels near Saltaire tates Subdivision and more specifically identified as County Map Parcels No. 1000-100-1-20 and 6; bounded north by Ahern and Dormer; west by Reeve Road; south by Hallinan and Wowak; beast by Saltaire Way. 8:10 p.m. App,~ication of Grace Golden and ano., ~y Richard F. Lark, Esq., Main Road, Box 973, Cutchogue, NY for a Variance to the Zoning Ordinance, Article I, Section 100-12 for permission to change center lot line between Subdivision Lots 170 and 206, ,Amended Map A of Nassau Point" Subdivision, Filed Map No. 156; further identified as County Tax Map Parcels No. 1000-111-4-29 and 30. Dated: April 24, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary Instructions to newspapers: Please publish Thursday, April 29, 1982 and forward one affida93~t of publication to: Board of Appeals, Main Road, Southold, NY 11971 on or before May 5, 1982. ............... ..... ....... '7-7 ......................... ._ Copies mailed on 4/27/82 to the following: ~ L.I. Traveler-Watchman (hand delivered) Suffolk Times, Inc. (hand given to Jeff Miller) Abigail A. Wickham, Esq. as attorney for M/M Harren Richard F. Lark, Esq. as attorney for Mrs. Golden and others FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ ....,~..~,:?....~¢.~..~ .................. PLEASE TAKE NOTICE that your aFF!~zztion dated .............. · /c-/~ e',~/~- ' for permit to e~tlq~n~?..(~..Id ....... .~.~ ...... ~ ............................. at Location of Property 775- . . . ~/~Z~. &~7 .............. ~.~/< h~u~ ~o Street Hamlet County Tax Map No. 1000 Section . . ./~. ~ ...... Block . . . Q/ ....... ~t . ~.O. ..... Subdivision ......... : ....... Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds ..~..az~.~./.~/.~./.<7~'". O.~..2~/~--~ ~.~,~- · ~/~-~9.. ~~..~°.~/...~..~~ .~ ~4...~.~:o.~.~/.../~7.. ~~:.. ~.~. ~ ~ ~,~.~,~ ~ ~.~....:...,~~.. m~...~o.~ ~:~.. ~/~..~~ .... _ Building Inspector RV 1/80 ~TOWN OF $OUTHOLD, NEW YOR~) APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. c~ DATE ..... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (We)..CATHERINE~P._..HARREN .......................... of '...~.(;¢~,(;LVi~..,~v.e~'~. ...................................... Name of Appellant Street and Number Mattituak New York ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO of Name of Applicant for permit ............. ......... ................. State Street and Number Municipality ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PERMIT TO DIVIDE PROPERTY 1. LOCATION OF THE PROPERTY ~Et$.t..~.i(~..Qf..c~a].~].T.~..W~r.,..~..~.~J~ ........ ~.. ................. Street Use District on Zoning Map ............................... Map 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.) Article III - Sec. 100-31 and Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal~iTJ (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 mode in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requestect for the Chat applicant wishes to dj-d_de tho Cwo lots as shown en t. he enclosed suz'vey for Hubert K. and Catl~rine P. Harren by Rod~rick Van Tuyl, P.C. Each lot has insufficient ~'orm z]~! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the applicants pl~clq~sed the properties by two deeds, copies of ~zich are attached, and now wish to sell the easterly or vacant lot but are unable to de so. To retain both lots in an area where the adjoining lots on the Map of Saltaire Estates are nmah smaller would be impracticable, and to eventually sell sugh a large parcel in the area would be virtually impossible. 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because the. lots when separated wotzld have frontage of 150 feet each. The easterly lot would have an area of 30,000 feet, and the westerly lot would heve an area of 34,000. The adjoining lots on bbth the north and south side have areas between 20,000 and 22,500 SC~lmre feet. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the granting of the variance would merely make the easterly lot buildable and would contain a larger area than the lots on the Map of Saltaire Estates. qTATE OF NEW YORK ) ) ss COUNTY OF b---'U~OI~l ) ......................Sworn to this ~~~~f*~'""'"'~ ......................... day of ............. ..la~l~ry ............................ 1982 Southold Town Board o£Appeals MAIN ROAD- r~TATE 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 May 13, 1982 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 Re: Appeal No. 2945 - Hubert & Catherine Harren Dear Gail: This letter will confirm that the following action was taken at a Regular Meeting of the Southotd Town Board of Appeals held last Friday, May 7, 1982 concerning the subject appeal application: RESOLVED, that the application of Hubert K. and Catherine P. Harren for approval of insufficient area of two parcels as applied for in Appeal No. 2945, be and hereby IS GRANTED AS APPLIED FOR. 0 P Y This resolution was unanimously adopted. An official determination and findings will be filed with the office of the Town Clerk in the near future and simultaneously forwarded to you for your file. If you have any questions, please do not hesitate to call our office. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN CC: Kowalski By Linda F. Building Department Secretary Planning Board $outhold MAIN RnAD-STATE RnAD 25 Town Board of Appeals 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 May 14, 1982 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 Re: Appeal No. 2945 - Hubert K. Harren Dear Sir or Madam: Attached herewith is a copy of the formal findings and determination 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 construction, or for a certificate of occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the building inspector at 765-1802. Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. 8outhold, N.Y. 11071 TELEPHONE 765- 1938 April 28, 1982 Mr. William Wickham Wickham, Wickham, & Bressler P.O. Box 1424 Mattituck, New York 11952 Re: Hubert and Catherine Harren Dear Mr. Wickham: At a regular meeting of the Southold Town Planning Board, Monday, April 26, the following action was taken: RESOLVED that the Southold Town Planning Board qrant a set-off (106-13) as designated on the map entitled Hubert K. & Catherine P. ~arrent located at Mattituck, dated December 9, 1981 subject to the applicant receiving approval from the Zoning Board of Appeals and receipt of six (6) copies of the final map within six (6) months from date of resolution. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Board of Appeals/ By Susan E. Long, Secretary LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the ProviSions of the Amended Code of the T°wn of Southold, ~ · the following matters will be scheduled l~orpubflc hearings in addition to those previously scheduled to be held on Friday, May 7,1982 at the time specified below, at the Southold Town Hall, Main Road, Southold, NY: ~, ~:00 p.m. Application o · Hubert K. and Catherine P. Harren, Sound View Avenu Mattituck, NY (by A. · Wickham, Esq.) for a ~ Variance to the Zonings.t Ordinance, Article III, Section- ~, 100-31 for approval of · insufficient area of two parcels near Saltaire Estates Subdivision and more specifically identified as County Tax Map Parcels No. 1000-100-1-20 and 6; bounded north by Ahem and Dormer; west by Reeve Road; south by Hallinan and Wowak; east by Saltaire Way. 8:10 p.m. Application of Grace Golden and ano., by Richard F. Lark, Esq., Main Read, Box 973, Cutchogue, NY for a Variance to the Zoning Ordinance, Article I, Section 100-12 for permission to change center lot line between/ Subdivision Lots 170 and 206, "Amended Map A of Nassau Point" Subdivision, Filed Map No. 156; further identified as County Tax Map Parcels No. 1000-111-4-29 and 30. Dated: April 24, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary 1TA29-3954 ~ ~ COUNTY OF SUFFOLK, STATE OF NEW YORK. ? ss: ...... Tray..Gus.raY, on. .............. being duly Sworn, s~/s tho! . .]!~ .... is Printer and Publisher of ~e SUFFOLK WEEKLY TIMES, a newspaper publ/shed ~rt Greenport, in said county; and that the notice, of which the annexed is a printed copy, has been published in the s~id Suffolk Weekly Times once in each week, tor .... Q~l.e. ................... weeks successively commencing on file .... .2.9.~..h ................. April~ ~.:~l-9!l. ~- Swoa:n to betor~ me this . .~,~.~.h. .... 1 ....... ............ HELEN K gE VOE NOTARY PUBLIC State of New York No. 4707878, Suffolk lerm Expires March 30, COUNTY OF SUFFOLK ss: STATE OF NEW YORK NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Seetion 26'/of the Town Law and'the Provi- sions of the Amended Code of the Town of Southold, the following matters will be scheduled for public hearings in addition to those previously scheduled to be held on Friday, May 7, 1982, at the time specified below, at the Southold Town Hall, Main ._ Roa~, Southold, N.Y.: · ~:00 p.m. Application o Harren, Sound View Avenue, · Mattituck, N.Y. (by A. Wick- ham, Esq.) for a Variance to the Zoning Ordinance, Article · IH, Section 100-31 for approval of insufficient area of two ;arcels near Saltaire Estates Subdivision and more soecifi- caily identified as County Tax Map Parcels No. 1000-100-1- 20 and 6; bounded north by Ahem and Dormer; west by Reeve Road; south by Hallinan ~ and Wowak; east by Saltair~' !* Wa . 8:10 p.m. Application of Grace Golden and ano., by Richard F. Lark, Esq., Main Road, Box 973, Cutchogue, N.Y. for a Variance to the Zoning Ordinance, Article I, Section 100fl2 for permission to change cneter lot line between Subdivision Lots 170 and 206. "Amended Map A of Nassau Point" Subdivision. Filed Map No. 156; further identified as County Tax Map Parcels No. 1000-111-4-29 and 30. Dated: April 24. 1982. BY ORDER OF THE SOUTHOLD TOWN,- BOARD OF APPEALS,' GERARD P. GOEHR1NGER CHAIRMAN By Linda Kowalski, Secretary' 1T-4/29/82(315) Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southotd, 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, commencing on the ........ ~......C~.. .................. - d a ~ .~.,q......~--~.... .......... , 19..,~...-~ ............... .......... Sworn to before me this ................................ day of .......... ....... , APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO: Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2,5 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Southold Town Planning Board DATE: April 16, 1982 SUBJECT: Matters Tabled Pending Planning Board Comments The following is a list, as of today's date, of the matters before the Board of Appeals which have been tabled pending review by and receipt from your board concerning the subject subdivisions and their proposed layouts: BOOS, NORMAN C. Appeal No. 2914 - GOLDEN, GRACE Appeal No. 2958 ~TARREN, HUBERT Appeal No. 2945 KUJAWSKI, PETER Appeal No. 2946 MANOS, JAMES Appeal No. 2970 REEVES, GERTRUDE K. Appeal No. 2962 WILSBERG, ERNEST E. Appeal No. 2811 YOUNG, RAYMOND & JOAN Appeal No. 2964 Once you have determined that the layout of the subdivision appears satisfactory, please let us know as early as possible in order that we may arrange to schedule them for public hearings. Also, any time you may need information from our files, we will be glad to provide you with same. HENRY E. RAYNOR. Jr.. Chairma, JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765- 1938 March 10, 1982 Ms. Abigail Wickham Wickham, Wickham, & Bressler P.O. Box 1424 Mattituck, New York 11952 Re: Hubert & Catherine Harren Dear Ms. Wickham: Enclosed please find an application for approval of plat, short en- vironmental assessment form, statement concerning roads, drainage, and grading. Please fill out the necessary information and return to our office prior to our March 22, 1982 meeting so that we can be- gin the necessary procedures for a minor subdivision. Our file con- tains only that information which has been submitted to the Zoning Board of Appeals. Thank you for your cooperation. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Encls. By Susan E. Long, Secretary HENRY E. RAYNOR. Jr., Chairman JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 March 25, 1982 Mr. William Wickham Wickham, Wickham, & Bressler P.O. Box 1424 Mattituck, New York 11952 Re: Hubert and Catherine Harren Dear Mr. Wickham: The following action was taken by the Southold Town Planning Board at a regular meeting held Monday, March 22, 1982: RESOLVED that the Southold Town Planning Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the minor subdivision of property entitled Hubert and Catherine Harrent located at Mattituck. An initial determination of nonsignificance has been made. The Board will make a field inspection on this property prior to the next Planning Board meeting April 12, 1982. We will advise you of any other actions taken by this Board. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Board of Appeals/ By Susan E. Long, Secretary Southold Town Board of Appeals HAIN ROAD- ~JTATE ROAD 25 5DUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR.. SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER~, C~t¢3.~ . JOSEPH H. SAWlCKI February 5, 1982 William Wickham, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 PoCo Re: Appeal No. 2945 Application of Hubert and Catherine Harren Dear Mr. Wickham: Please be advised that the board reviewed the applica- tion of Hubert and Catherine Harren at a regular meeting held last evening, and it was the consensus of the board to hold same in abeyance pending Planning Board review inasmuch as this is a proposed subdivision. If you have any questions, please do not hesitate to call our office. Yours very truly, GPG:lk CHAIRMAN JUDITH T. TERRY TOWN CLERK REGISTRAR OI~ VITAL STATISTICS K Southold, L. 1., N. Y. 11971 TELEPHONE (516) 765-1801 February 1, 1982 To: SOuthold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2945 application of Hubert K. & Catherine P. Harren for a variance. Also included is notification to adjoining property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Buidling Department; and survey. JTT/bn Enclosures Town Clerk TOWN OF SOUTHOLD, NEW YORK~ APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .....~%7..L ..~.~.~... ~. TO THE ZONING BOARD OF APDEALS, TOWN OF SOUTHOLD, N. Y. ~, (We)..~::~..:~ .......................... of ...~.~A~.A~ ...................................... Name of Appellont Street and Number ~tC~ N~ Yo~k ......................................................................................................................... HEREBY APPEL 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 of Name of Applicant for permit Sound View Avenue Mattituck, . New York State Street and Number Municipality ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PERMIT TO DIVIDE PROPERTY 1. LOCATION OF THE PROPERTY !~/~,5.~. ~si~e, Qf .~alit;a;i~'f~..W~'.,,.lll~l;.t;il;ll¢~ ....... '.'A'.'. ............... Street Use District on Zoning Mop 1000-100-1-20 Map 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.) Article III - Sec. 100-31 and Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance 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]q~) (has not) been mode 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 (X) A Variance to the Zoning Ordinance iS requested for the reaso~ that applicant ~ wishes to divide the two lots as shown on the enclosed survey for Hubert K. ' and Cat/%e~ tine P. Harren by Roderick Van Tuyl, P.C. Each lot has insufficient Porrn Zl~l (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becaus~ the applicants purchased the properties by two deeds, copies of which are attacbmd, and now wish to sell the easterly or vacant lot but are unable to de so. To retain both lots in an area where the adjoinimg lots on the Map of Saltaire Estates are n~zh smaller would be impracticable, and to eventually sell such a large parcel in the area would be virtually impossible. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because ~te lots when separated w~l.d heve frontage of 150 feet e~ch. The easterly lot would have an area of 30,000 feet, and the westerly lot would have an area of 34,000. Tbm adjoining lots on bbth the north and south side have areas betwee~ 20,000 and 22,500 sop;rare feet. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the ~z-ant'h-~ of the ~a.~_.e would merely ~ the easterly lot builrbble and would contain a larger area than the lots on the Map of Salt~re Estates. CTATE OF NEW YORK ) ) ss COUNTY OF SU'~"O~K ) Catherine P. Har~en ......................Sworn to this '~"~F~'ota~ Fu~~day of ............. ~az3t_~-~-r~ ............................ 1982 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of ~K. and ~P. ~ to the Board of Appeals of the Town of Southold TO: Fas. a~d l~s. WJ_~.am F. A~ Mr. and Mrs. John C.i Hallinan, Jr. Mr. and Mrs. Stanley Wowak Mr. and Mrs. Richard Do,mar NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ~: 2. That the property which is the subiect of the Petition is located adjacent to your property ard is des- cribed as follows: w~t ~H,~ o~: ~,~1 v~~ A~r~r~,~ ~ zooo- oo.1-2o ( ( 3. That the property which is the subject of such Petition is located in the following zoning district: IW~_t~J,~- "A" - A~r~11~rrml ~and Rm.~clontial 4. That by such Petition, the undersigned will request the following relief: Pezmlt to divide lot with insufficiemt area. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-.31 and Bulk Sche~.31e 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, $outhold, 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 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 $outhold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: J~,tq-r'y 28 , 1982 Post Office Address Sc~md View Avenue Mattituck, NY 11952 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Mr. and Mrs. Willi~n F. Ahem 2 Broadview Avenue Kings Park, NY 11754 Mr. and Mrs. John C. Hallinan, Jr. R~eve Avenue Mattituck, NY 11952 Mr. and Mrs. Stanley Wowak Mattituck, NY 11952 Mr. and Mrs. Richard Dor~qr 22 Louisa Cou:t Northport, NY 11768 P; P28 REC[ RECEIPT N( NOmSU~ REC RECEIPT FOR CERTIFIED MAIL NOT F( I NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) POSTAGE CERTIFIEI ET.Tk'IN 903 Main Street ~ (:r,=,=~.r~r~-. ~ 1 lq44 , being duly sworn, deposes and says that on the 29th day ~)~f .Tmrnmrv · ,19 L, deponent mailed a true copy of the Notice set forth on the re- verse side hereot', d,rected to each of the above-named persons at the addresses set opposite their respective na~es; 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- rice at Wmtt~ h~k ; that said Notices were mailed t.o. each of said persons by (certified) ~ mail~ retuzn receipt requested. -Ellen Preston Sworn to before me this 29th Jarzuary ., .19 82 Nota -p _ SrlO;~" Ei'!V]~''~,- ~'- ~ ~ c ~ "T INSTPUCTIOHS: ~-- (o) In order to answer the questions in th sho t EAF it is assumed thor the preparer Yrill use currently ava$1oble information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmental /%ssessment Form is necessary. (c) If all questions have been answered No it is likely that %his projcc± is not signi£icont. (d 5nvironmental /%ssessment I. %'Jill project result in a large physical change '' to the project site Or physically alter more than l0 acres of land? Yes X No 2. Y/ill there'be o major change to any unique or -unusual land form found on the site? .......... Yes X 3. YJill project alter or hove a large' effect on existing body of water? ....................... ¥DS X 4. ¥7ill projec~ hove a potentially large impact on groundvrater quality? ....................... Yes 5. ¥1ill project significantly effect drainage flow on .adjacent sites? ..................... ;.. Yes X 6. Y/ill project affect any threatened or endangered plant or animal species? ........... Yes X No 7. ¥;ill pro3oct resulf in a major adverse effect - '' air quality? ' Yes ~ No 8. ¥/ill pro3ect have o major effect on visual character of the community or scenic views or vistas known to:be important to the community?. 'Yes 9. ¥;ill project o-dversely impact any site or .. . structure of historic, prehistoric or paleontological importance or any site " deaf,noted os a critical environmental erea by o local agency? .......... -.:. -~=.:..-.-.:.-~..~- Yes ¥ N la. ¥/ill project have o major effect on existing or future recreational opportunities?.' ....... Yes 11. ¥7ill project result in.major traffic problems ' - oK cause o major effect ia ex-isting transportation systems? ....................... Yes Y No 12. ¥/ill project .regularly cause objectionable o~ozs, noise, glare, vibration, or electrical disturbance os o result of the project's opero~ion? ~ ' Yes Y No 13. ¥~ill pro,eat have on), impact on public health - or.safety? .................................... Yes ¥ No 1~, ¥/ill pgoject affect the existinD community by ' '. directly causing o growth in permanent ~ population of more than 5 percegt over a one ycor period or have o major negative effect on the character of the community or neighborhood9 .................................. Yes ¥ No 15. Is there public controversy co6cerning the project? ...................................... Yes ¥ No J~II~l~l-y 28 , 1982 To: January ~, 1982 (Today's Date) Sout!:o ld Town ~qain Road $outho!d, NY Board of Appeals 11971 Appeal Application of Location of Property: Hubert K. and Catherine p. Harren Ma~ituck, New York Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 i,:YCRR, Part 661, and Article 25 of the New York State Environr~ental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] [ ] [ ] [ ] [ x] not appear to May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge o£ this property is a bulkhead in very 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 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. 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, / fSigna t6re p%ea~ .... Catherio~ p. Hmrren WICKHAM, WICKHAM ~ BRESSLER, P.c. MAIN ROAD~ P.O. BOX I424 MATTItUCK LONG ISLAND NEW YORK 11952 516-298-8353 February 9, 1982 Southold Town Board of Appeals Town Hall Southold, NY 11971 Re: Application of Hubert and Catherine Harren Sound View Avenue, MattituCk Gentlemen: Enclosed please find copies of deeds which we inadvertently neglected to enclose with our letter and application of February 1, 1982. Very cordially yours, \ William Wickham /ep Encls. cc: Southold Town Planning Board WlCKHAM, WICKHAM & BRESSLER, P.c. MAIN rOaD, P.O. BOX MATTITUCK LONG ISLAND NEW YOrK 1195~ 516-298-8353 February 1, 1982 Southold Town Board of Appeals Town Hall Southold, NY Re: Gentlemen: 11971 Application for Variance - Hubert and Catherine Barren In connection with the above, I am enclosing tbJ~ following: 1. Notice of Disapproval of Building Inspector. 2. Application in triplicate. 3. Notice to adjoining owners with certified mail receipts and affidavit of service. 4. Four copies of the survey. 5. Check to yoar order in the s~n of $15.00 for filing fee. 6. Short Environmental Assessment form. 7. Wetlands letter. Very r ' 1 / ~ WW:ep Encls. cc: Southold Town Planning Board F~Jjrfolk cocked ~ tvtc~6 r:~5iffno~-i~ : Dts-+. tOc~, ~..c.~r. :c,~,, ~l~. t, ~:tr. ~, # 20. MATCH 69,9 71.4 A (c) 16 18.:5A(c}