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HomeMy WebLinkAbout3009 £App Southold Town Board o eals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE 1516} 705-1809 Appeal No. Application TO: ACTION OF THE ZONING BOARD OF APPEALS 3009 'Dated June 30, 1982 Rudolph H. Bruer, Esq. as attorney for WARREN E. AND ELLEN HUFE Main Road Southold, NY 11971 [Appellant(s)] At a Meeting of~the Zoning Board of Appeals held on July..29, 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 Request for Variance to the Zoning Ordinance Article XI , Section 100-118(d) [ ] Request for The public hearing on this matter was held on July 29, 1982. Upon application of WARREN E. AND ELLEN HUFE, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-118(d) for permission to retain former noncon- forming one-family dwelling use of existing house located in this "B-l" District. Location of Property: 3900 Youngs Avenue, Southold, NY1 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. The board made the following findings and determination: By this appeal, appellants seek permission to "use the existing two-story house as a one-family residential dwelling." The existing two-story house, to the board's knowledge, was used prior to 1980 as a one-family residence, and pursuant to Section 100-118D of the Zoning Code, "whenever a nonconforming use of a building or premises has been discontinued for a period of more than two years..., the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted .... " Upon information and belief, this structure was built in the mid-19th century as a dwelling house and applicant states $17,720.50 are the costs incurred to date refurbishing the outside of the structure. The premises in question contains an area of approximately 37,700 square feet and is a corner lot with 244.85' along County Route 48 and 132.93' along Youngs (Railroad) Avenue. The premises is in a "B-l" General Business District. Existing on the premises are the two-story frame structure which is the subject of this application, a large concrete-block "showroom" building, and steel storage accessory building. In considering this appeal, the board determines that the variance if allowed will not produce adverse effects on available governmental facilities of any increased population; that the circumstances herein are unique and that an economic hardship has been shown; that the variance request is not substantial; that the relief requested will be in harmony with and promote the general purposes and intent of the zoning code; that the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent use districts; that the use will not prevent the orderly and reasonable use (CONTINUED ON PAGE TWO) DATED: August 17, 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3009 Matter of Warren E. and Ellen Hufe Decision Rendered July 29, 1982 of adjacent properties or of properties in adjacent-use districts; that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; and that the interests of justice will be served by allowing the variance as indicated below. For the record, it is noted that the appellants have previously applied to this board in Appeal No. 2890 for permission to use the large concrete-block building and premises for industrial purposes, to wit, manufacturing of small mechanical parts, said application having been granted a conditional approval on October 15, 1981. On motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3009, application for WARREN E. and ELLEN HUFE for permission to retain former nonconforming one-family dwelling use in this "B-l" District within the two-story dwelling structure existing on the premises, be and hereby IS APPROVED SUB- JECT TO THE FOLLOWING CONDITION: That there shall be no further additions to this dwelling structure without the express written, prior consent of this board after formal application therefor. Location of Property: 3900 Youngs Avenue, Southold, NY; bounded north by Harris; west by Youngs Avenue; south by C.R. 48; east by Edson; County Tax Map Parcel NO. 1000-55-2-16. Vote of the Board: Ayes: Messrs./ Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. APPROVED RECEIVED AND FILED BY T}iE SOU?H©LD TO%IVN CLERK Clorl , Town of Southold Town Board of Appeals MAIN REIAD-STATE RJ3AD 25 SI'IUTHJ3LD, L.I,, N.Y. 11971 TELEPHON~: (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, July 29, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of JOHN E. and PATRICIA A. CLARK, 800 Albo Drive, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for ~ermissi~n ~ construct addition to dwelling leaving an insufficient rearyard setback at 800 Albo Drive, ~urel, 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. 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 'leaving an insufficient rearyard setback at 300 Summer Lane, Southold, NY; bounded north by Ragsdale; west by Summer Lane; south by Czelatka; east by Tillistra~d; more parti- cularly known as County Tax Map Parcel No. 1000-78-9-23. 7:40 p.m. Application of MATTITUCK AIRBASE INC., Airway Drive, Mattituck, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section t00-80B(1) for permission to alter and con- struct addition in a "C-Light" District located at 410 Airway Drive, Mattituck, NY; bounded north by New Suffolk Avenue and Wickham; west by Bagshaw, Peconic Corp., and Wickham; south by Park Avenue; east by Wickham, Parkin, Tandy, Wickham, and Holman; more particularly known as County Tax Map Parcel No. 1000-123-1-2. Bru p.m. Application of WARREN E. and ELLEN HUFE, by Rudolph ~. 7:55 er, Esq., Main Road, soUtho]d, NY for a Variance to 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-l" 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 arcel No. 1000-55-2-16. Lethal Notice - Pa 2 Southoid Town Board of Appeals Regular Meeting and Public Hearings for July 29, 1982 8:05 p.m. Application of PETER D. PIZZARELLI, by Edson and Bruer, Esqs., Main Road, Southold, NY, 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 convert- ing 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 Bolson; west by Wood; south by Hog Neck Bay; east by Tuthill; more particularly known as County Tax Map Parcel No. 1000-98-5-14.3. 8:15 p.m. Application of REICH BROTHERS AUTOMOTIVE SERVICE INC., by William H. Price, Jr., Esq., 828 Front Street, Greenport, NY, for a Variance to the Zoning Ordinance, Article IX, Section 100-93 for permission to divide premises into two parcels, each having insuffi- cient area and width, and proposed Parcel 2 having insufficient setbacks due to the location of ~ ........ ~ ~ ~ .~= ~vw~o~ ........ e. Location 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. 1000- 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, Inc. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date ~ELL~ ~ ...................................... for ~~ ....................................................... Locatio~ of P~ope~ty ~ ~o~ ....................... co..t~ ~ m..o. ~000 s~.o. ...... 5~ff....~oc~ ........ ~ .... ~ot . (~ .......... Subdi~sio~ ................. Filed ~p No ................. lot No .................. Js ~etu~ed herewith a,d disapproved o, the fol]ow~8 ~ou,ds .'~..~.. ~.~., ~ .... ~.~5~.~; ....... ~.~Z..~../¢t.~. (..~..~ ............................ Building Inspector RV 1/80 TOWN OF $OUTHOLD, NEW YORK APPF^L ['ROM DECISION OF BUILDING ~NSPECTOR rH£ ZONING BOARD OF ADP[-ALS, TOWN OF SOUTHOLD, N. Y. vve~ g~M.,N nu~ ~., . ................ of ...~,~.~,.,~.~O.~!fi.,..,~Z~,~g~Xg ..... Nom~ of Appeilunl Street Oil: ................................................................................. HEREBY APPEL TO Mumcipahly Slate ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING NSPECZOR ON AI'hLiCA'flON FOR PERMIT NO ....................... DATED ...... ~,~.~;g~,.,~.f,,,,~.~.~ ................ WHER[RY 1-HE BUILDING INSPECTOR DENIED TO { i Nome of Applicant for perrnll of We I I .~ Avenue SOu thold N.-Y. Street and Number Municipality c, tate Pt:I,~MIT '1-O USE PERMIT FOR OCCUPANCY L~CATION OF THE PROF'Ei).TY 3900 Younkl~ Ave., ,SOL~Lhold B-1 ............... ¢,;;....,. ........................................................ , .............. ..,c,a U:c District on Zoning Map Ivk~p No Lot No 2 PROVISION (S) OF THE ZONING ORDINANCE APPkALFD (}ndict~te the A, ticle Section, Sub- section c]nd Paragraph of the Zon.,90rdinoncu by ,~umbur 13o nut quote thc Ordinance,) Arb.icLe XI. ¢]c~:L.ion TYPE Of: APPEAL Appeul ,s matte hu~cw,lh A VAklANCE Io the Zon.i00rdmg~ce or Zoning Mo[) A VARIANCE due lc, lc]ok of (~c(:c~ ((;tt~te of N~w York Town Low Chop. 62 Cons. Laws Art ]6 Sec. 280A ~ubseclioo 4. PI<FVIOUS APPEAl A Hrcvio~l~ ,~lCpe. I .t¢~) (has not) been made with respect to this decision P, EA~iON fuk ~bory [lt3~t~c on thu l,l,;[li]~S db 4 one family residential dwelling. (Coat,hue on other ~,de) REASON FOR APPEAL Conlinued I SIRICT APPLICATION OF THE ORblNANCE w~uld produce practical difficultie~ or unneces- :,tlr,, HARDSHIP because 1. 'l'he only ~uitable u~e for thu buildin9 is as a one f,~miiy dwellinU. 2. 'lJ~e buildin~ has n~vcr been u~d for other than a residence or tot ~ to~'agu. J. 'l'he his~o['ical valu~ o]~ this buildiag can only be preserved by its usc as a one family dwelling. 4. '['he bui]dinq ~d~d the land iL oc~upys cannot yield a r~ason~ble [i,~ hardship cre~ted ~s UNIQUE and is not shu~ed by oil properties alike in the immediate ,.'~rm~ of ~hi:, properly ond in fh~s use d~strict becuu>.t~ J. All the o~her buildings fronLLng ~u t(ailroad Avenue (also known 2, 17~e building itself is visually disLincE and suppurate from the other buildings in this us~ district, which b~ildings front on C~unty ~oad 48 and are used l'~r business purposes. il~ vn,,0,1~ w~,~tiil ob'~elve the :,p~rd of lhe C')rdu,url~u ond WOULD NOT CHANGE THE ,i., r,, T~H Ok THE DISTRJC'I because ].. t~vt:n though this building is located in a B-I zone, it does not l~on[ on County I~o~d 48, a~ ghu other buJldil;gs in this use district, but ~dtt,u[ [fonts on l{aiiroad Avunue ad]acent to other ;residential Z 'l'l,t~; J)ui]ding wds con~t, ructt:d p~'~(Dl/ to zoning 1Or residential , ,,ii I1' Of SLJ~']J"OL,* ) blgnoture Rudolph H. Brue=, attorney for Applicants ~ ,, th, .... ~9~.1} . day ot ~.~.IA~ ............ 19 82 (~:~UNTY O~F ' DEPARTMENT OF PLANNING (516) 360-5513 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. ~pplicant Municipal File Number Vincent W. Annabel Peter Kujawski Raymond & Joan Yotmg 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 G. Newman Chief Planner $outhold Town Board of Appeals MAIN EI~AD - ~TATE Er'lAD 25 ¢:;I-IUTHr'ILD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: X Variance from the Zoning Code, Article III , Section 100-118 ~ Variance from Determination of Southold Town Building Inspector -- Special Exception, Article , Section __ Special Permit Appeal No.: 3009 Applicant: Warren E. and Ellen Hufe Location of Affected Land: 3900 Youngs Avenue, Southold County Tax Map Item No.: 1000- 55-2-16 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) X State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally- Owned Land ~ Boundary of Existing or Proposed County, or Other Recreation Area ~ Existing or Proposed Right-of-Way of Any Channel Owned by the County or for Which The lished Channel Lines, State or Federal Park Stream or Drainage County Has Estab- or Within One Mile of a Nuclear Power Plant ~ Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to retain former nonconforming one-family dwellinq use of existinq house. Copies of Town file and related documentB enclosed herewith for your review. Dated: August 4, 1982 Temp. Secretary, BOard of Appeals MAIN REtAD- STATE ROAD 25 SOUTHE)LD, L.I., N.Y. ~11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRIrIGER, CHAIRMAN CHARLES GRIGONI$. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWICK( August 16, 1982 To: Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Warren E. and Ellen Hufe - Appeal No. Dear Sir or Madam: 3009 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, LC Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN J 'By-/Linda Kowalski, Secretary $outhold Town Board of Appeals h4AIN ROAD- ~TATE ROAD 25 ~3UTHrlLD, L.I., N,Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERTJ, DOUGLASS JOSEPH H. SAWlCKI August 2, 1982 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 3009 Warren E. and Ellen Hufe Dear Sir or Madam: This letter is tO confirm that the following action was taken at a Regular Meeting of the Southold Town Board of Appeals held on Thursday, July 29, 1982: RESOLVED, that Appeal No. 3009, application for WARREN E. a~nd ELLEN HUFE for permission to retain former nonoon~orming one-family dwelling use in this "B-l" District, be and hereby APPROVED SUBJECT TO THE FOLLOWING CONDITION: No further additions to this dwelling structure without the express written prior consent of this board. This resolution was unanimously adopted. An official determination and findings will be filed with the office of the Town Clerk as soon as possible and simultane- ously forwarded to you for your records. If you have any questions, please do not hesitate to call our office. If you wish to start construction as early as pos- sible, please return to or call the Building Department for issuance of your building permit at 765-1802. Yours very truly, GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary cc: Building Department I, Warren E. Hufe, Jr., having recently acquired property on North Road and Railroad Avenue~ formerly belonging to Cliff Tyler, wish to apply for a variance to use the house as a single family dwelling. The house is approximately 150 years old and it would be an asset to the community to have it restored to its original status. Inasmuch as the cost to do this is extensive~ it would be a financial hardship if a variance is not issued. July 27~ 1982 Costs incurred to date refurbishing outside of house. Cedar shingles, roofing etc. Material and Labor $17~720.50 The inside of the house has not been touched. July 2?, 1982 To Whom It May Concern, Regarding the 2-story, frame house located at Middle Road and CR-48...listed on the Suffolk County Tax map, designa- tion dist. 1000, section 055, block 2, pol. 16...currently owned by Warren E. Hufe and Ellen Hu£e of Wells Road, South~d. I have examined this dwelling, and find it to be a mid-19th century house. I am please to note that the Hufe's plan to restore it. Too much of our architectural heritage is van- ishing before our very eyes. Thank you. Sincerely, Don Lubov Instructor The Architectural Heritage of L.I.'s Suffolk County Community College Eastern Campus Speonk Riverhead Road Riverhead, New York 11901 East End TO WHOM IT MAY CONCERN We are residents of $outhold, living on Railroad Avenue, within close proximity to the old house recently purchased by Warren E. Hufe, Jr. We are extremely pleased with the renovations Mr. Hufe has made, and feel the house is now an asset to the neighbor- hood and come, unity. The house has previously been used as a single fmm~ly dwelling. It was constructed with that intent over 100 years ago and this is what it has been used for intermittently over the last few decades. I strongly feel that Mr. Hufe should be given a variance to use this house as a single family dwelling. TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 July 29, 1982 Rudolph H. Bruer, Esq. Main Road Southold, NY 11977 Re' Warren E. Hufe & Ellen Hufe property N/E Cor. County Road 48 & Railroad Avenue Southold, NY 1~971 Dear Mr. Bruer: the only be used as This is to confirm that our records show that wood frame building facing Railroad Avenue can an accessory use at this t~me. / Edward F. Hindermann Building & Housing Inspector EFH:ec I -' CE IS REREBY GIV- ~ :rsuan~ t:; Section 267 of . .~ !?~n Law and the Provi- :;~ons of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearingi will be held by the Board of Appeals at the Town Hall, Main Road, Southold, N.Y. on Thursday, July 29, 1982 com- meacing at 7:30 p.m. and as follows: 7:30 p.m. Application of JOHN E. and PATRICIA A. CLARK. 800 Albo Drive, Laur- 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/ rearyard setback at 8~0 Albo Drive, Laurel, N.Y.; bounded north by Albo Drive; west by .Krogman; south by Schone, wald and Maeri; 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 HI, Section 100.31 for permission to con- struet addition to dwelling leaving an insufficient rear- yard setback at 300 Summer Lane. Southold, N.Y.; bound-~/] ed north by Ragsdale; west by Summer Lane; south by Nork- r lan; east by Tillistrand; more particularly known as County Tax Map Parcel No. 1000-78-9- 23. 7:40 p.m. Application of MATTITUCK AIRBASE INC., Airway Drive, Matiituck, N.Y. rot a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80B(1) for permission to alter and con- struet addition in a "C-Light." District located at 410 Airway Drive, Mattituck, NY; bound- ed north by New Suffolk Avenue and Wickham; west by Bagshaw, Peconic Corp., and Wick-ham; south by Park Av~ enue; east by Wickham, Park; in, Tandy, Wickham, and Holman; more particularly known as County Tax Map Parcel No. 1000-123-1-2. 7:S$ p.m. Application of ARREN E. and ELLEN FE, by Rudolph H. Bruer, sq., Main Road, Southold, for a Variance to the ning Ordinance, Article XI; ction 100-118(d) for pennis: sk; to retain former non- ,onforming one-family dwell- lng 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 pm-ticuinriy known as County Tax Map l~cel No. 1000-S5-2.16. 8:05 p.m. Application of PETER D. PIZZARELLI, by Edson and Bruer, Esqs., Main Road, Southold, NY, for a Variance to the Zoning Or- ,~.~-,~ dinance, Article H, Sections , :~?~¢~ 100-30(A) and (C) for permis. ..... sion to construct an addition tO ~-~ an existing accessory building converting same into a two- bedroom cottage for family and ~uest use in an"A" Zone, in addition to the main dwell- lng. Location of Property: 5710 Indian Neck Lane, Peconic, NY; bounded north by Bolson; west by Wood; south by Neck Bay; east by Tuthill; more particularly known as County Tax Map Parcel No. 1000-98-S-14.3. 8:15 p.m. Application of REICH BROTHERS AUTO- MOTIVE SERVICE INC., by. William H. Price, Jr., Esq., 828 Front Street, Greenport, NY, for a Variance to the Zoning Ordinance, Article IX, Section 100-93 for permission to divide premises into two' parcels, each having insuf, ficient area and width, and proposed Parcel 2 having insufficient area and width, and proposed Parcel 2 having ~nanfficient setbacks due to the ocation of the proposed inc. Location of Property: COUNTY OF SUFFOLK STATE OF NE~/ YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELFR-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, commencing on the ............... "}2~.. ............... Sworn %before me this ................................ day of ' ,%elias and the 'm~ended ' I l:oothoid, '-g and the ~,':lrings will · Board of T.wn flail, .-~hl, N.Y., on 2.q, 1982, , :.~0 p.m. and vplication Of v.\ I'P. ICIA A. ~!bo Drive, ~ Variance to III, Section 10o-31 lot/ permission to cons~rucl addition to dwelling lear ~g so insufI cient rearyard sclback at SOO Albo Drive, Laore[, N.Y.; bounded north by ^lbo Drive; west by Krogman; south by Schonewalci 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 permissioq to construct addition to dwellm§ leaving an insufiicienL,'/ rearyard setback at 300 Summer Lane, Southold, N.Y.; b.unded north by Ragsdale; west by Summer Lane; somh by Norklun; east by Tillistrand; more particularly known as County Tax Map Parcel No. 1000-76-9- 23. 7:40 p.m. Applicatim! of MATTITUCK AIRBASE INC., Airway Drive, Mattituck, N.Y., for a Special Exception to the. Zoning Ordinance, Article VIII, Section 100- 00B11) for permission to alter and construct addition in a "C- Light" District located at Airway D~f~ Mattituck N.Y.; boun~orth by Suffolk Aveffl~/Yand Wickham; west by Bagshaw, Peconic Corp., and Wickham; south by Fark Avenue; east by Wickham, Parkin, Tandy, Wickham, and Holman; moa particularly known as Counly Tax Map Parcel No. I006.1~ 1-2. iU7: 55 p.m..Application ARREN E. ~nd ELLEn' FE, by Rudolph ti. Bruet, sq., Main l!ood, Southold, .Y., for a ~ arlance to th~ oning Ordinance, Article XI, ection 1On-liS(d) for permission to retain fornler nonconforming one-far]~ dwelling use of existing h~l~g located in this "B-I" Distrio~ ~ Location of Property: Youngs Avenue, Southold, N.Y.; bounded north by [~:ftarris; west by Youngs J Avenue; south by C.R. 43; east by Edson; mOre particularly : P. . ppimation of PETER D. PIZZARELLI, by Edson and Bruer, Esqs., Main Road, Southold, N.Y., for a Variance to the· Zoning Ordinance, Article III, Sections 106.30(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. 1000-98-5- 14.3· 8:15 p.m. Application of REICH BROTIIERS 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. 100~-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. GOEIIRINGER ~, I ~ ss: J · ?.r. 9~. Oustavs.on ............. bein~ duly Sw( scr,/s that h..e ...... is Printer and Publisher of the SUFFC WEEKLY TIMES. a newspaper published at Greenporto in i county; ornd that the notice, of which the annexed is a prin copy. has b5ell published in the said Suffolk Weekly Th once in each week, far one successively commencing on the 22nd ..... , .................. day of .. ~Ll~l.~r ........... · 19.87-.. J K JUDITH T. TERRY TOWN CLERK REGISTRAR OI VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 June 30, 1982 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, .~own Clerk Transmitted herewith is Zoning Appeal No. 3009 application of Warren E. Hufe,Jr. & Ellen Hufe for a variance. Also included is notification to adjacent property owners; Short ~nvironmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; and Notice of Disapproval from the Building Department. JTT/bn Enclosures ~ ·Judith T. Terry Town Clerk TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE .....~ ....... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. WARREN E. HUFE, JR. and 1, (We) .~...[~...~..~......H~....~..~. .......................................... of .....~..e..~...[..s....A..~.e.D...q.e..,......~..~~ ..... Name of Appella,nt Street and Number Southold N.Y. ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...... .~..a..~.c...h....:~.r....~,9.,,8.~ ................ WHEREBY THE BUILDING INSPECTOR DENIED TO (X) (X) Name of Applicant for permit of ........................ ..................... ......................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ...3..9..°..°.....~...°.~.~..cj_s....A.~..e..:..:....s...°..u...'9..~..°,.Z.~ ............ ..~.7..~, ................. Street Use District on Zoning Mop 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.) Article XI, Section 100-118(d) 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 :3(~4~) (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 A Variance to the Zoning Ordinance is requested for the reason that applicants desire to use the existing two story house on the premises as a one family residential dwelling. Form ZB1 (Continue on other side) REASON FOR APPEAL Continuecl 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becau~ 1. The only suitable use for the building is as a one family dwelling. 2. The building has never been used for other than a residence or for storage. 3. The historical value of this building can only be preserved by its use as a one family dwelling. 4. The building and the land it occupys cannot yield a reasonable return if used for business purposes. 2 The hardship created is UNIQUEand isnotshared by all properties alike in the immediate vicinity of this property and in this use district because 1. Ail the other buildings fronting on Railroad Avenue (also known as ¥oung's Avenue) are residential dwellings. 2. The building itself is visually distinct and separate from the other buildings in this use district, which buildings front on County Road 48 and are used for business purposes. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 1. Even though this building is located in a B-1 zone, it does not front on County Road 48, as the other buildings in this use district, but rather frOnts on Railroad Avenue adjacent to other residential properties and lends continuity to the neighborhood. 2. This building was constructed prior to zoning f~r residential purposes and is uniquely suited for such purpose. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ~P~udolph.H. Bruer, attorney for Applicants Sworn to this .............. ~..~-6~. .......... day of .............................. ~9 ............... ]9 82 ]gARY DIANA FOSTI~R NOTARY PUBLIC, State of New York No, 52-4655242, Suffoll( County _ Co~ ~pi~as Marctl 30, 1~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : WARREN E. HUFE, JR.= and : ELLELq HUFE : to the Board of Appeals of the Town of Southold : TO: Mr. and Mrs. John A. Harris Lefferts Ed$on Mahlon D. Dickerson & ors 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) (:5~i~llt1:itgt~ ). 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: N/E corner of Middle Road and Railroad Avenue, $outhold, N.y. 3. That the property which is the subject of such Petition is located in the following zoningldistrict: B-l, General Business 4. That by such Petition, the undersigned will request the following relief: a variance permitting the non-conforming use of the two story house on the premises as a dwelling. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XI Sectic~ 100-118 (d) 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 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. Dated: June 2~ 1982 ,~t~t~o-nerI Rudolph-H. Bruer, Attorney for Applicant Post Office Address Main Road Southold, New York 11971 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. and Mrs. John A. Harris Lefferts Edson Mahlon D. Dickerson & ors Southold, Main Road Southold, Southold, New York 11971 New York 11971 New York 11971 9L61 'ad~v 00~£ tUaoA " 9L61 udv '008£ tuio4 Sd STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Mary Diana Foster ,residing at (NO~) McCann Lane, Greenport, N.Y. , being duly sworn, deposes and says that on th~lhtt'day of June ., 19 82 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southoldt New York ; that said Notices were mailed to each of said persons by (certified) (rR~i-~I1~:l:D mail. Diana FOster RUDOLPH H. BRUER Notary Public, 8tats of New Y~ Q No. 52-0465630 Ul~llfied n Suffolk County Corem ssion Expires March 30, I1~ WLii [~r'u]~.:t ~Ll,~r or hav= ~ Lurgu ~fl'.c% on ~%. WLi/ pr,:j.,:t havm ~ HmJor ~'Ffuct. on vtmq,~L char- Ye~ X No Ye. X No y#~ X No y.. X No the Ye. X No . Ye= ,X, No Y.~ ~X No y.~ X No ym~ X No TITL~';Attornev for Appel 6/29/82 6/29/82 (Today's Date) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Warren E. Hufe, Jr. and Ellen Hufe Location of Property: N/E corner of Middle Road and Railroad Ave., Southold, N.Y.; Suff. Co. Tax Map: 1000 - 55 - 2 ' 16 Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 N~CRR, Part 661, and Article 25 of the New York State Environmentai Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in yery good condition and at least 100 feet in length.* [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, ano appro~im~L~ly f~et in length. ( ] May be located w~thin 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. [xl Is not located within 300 feet of tidal wetlands to ~the best of my knowledge.* not appear to P, HB,/d f [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S. D.E.C.] ~ely yours, udolph ~H. Bruer ttorney for Appellants TOWN OF SOUTBOLD OFFICE OF BUILDING INSPECTOR P,O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 June 2, 1982 TEL. 765-1802 Mr'. A. W. Albertson Ma~n Southold, NY 11971 As to our telephone conversation of June 1st, pertaining. to the building behind Tryac. You s~at~ that the owner wishes to return the building to a reszdence and in fact a party was l~vlng there last winter (lega~ or otherwise). I would have to ¢onlude that the building is in a condition that would indi- cate that it was habitable. Because it is in a commercially zoned area I would suggest the owner file with the Zoning Board of Appeals, for a Variance. This would seem to be the way to go and no parties would be put in a compromising position. I trust I have been of some assistance. rJinuerely yours~ V~c [or. Le~sard Administrator VL:~c FORM NO. 6 TOWN OF $OUTHOLD Building Department Town Hall Southold, N.Y. 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in typewriter OR ink, and subm tted n dup cate to the Building Inspec- tor with the following; for new buiIdings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal}. 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building, 5. Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of peoperty showing all property lines, streets, buildings and unusual natural or topographic features, 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premisest or other pertinent informa- tion required to prepare a certificate. Fees: 1. Certificate of occupancy $5,00 2. Certificate of occupancy on pre-existing dwelling or land use 3. Copy of certificate of occupancy $1.00 $5.00 Date .~).~['1 F~.~)&~I~ ~ , .. New Building ............. Old or Pre-existing Building(Z) ;. -. -- ~/Vacant Land ....... LO ti fP ty /~.~LJ'ir..~,~..~- ~0.~. ' ~'OU ca on o roper . .. .... ~ , . Hou~ No. Street Hamlet Owner or Owners of Property . .~'.~.~ ~,. :J~_~,,J ¢.. ~...~.l~O.' .~'~ ........ County Tax Map No. 1000 Section 0 ~ Block ~ ..... Lot ~..I ~ ...... Subdivision ....................... ..........FiledMapNo...; ...... .LotNo ............ .. Permit No ........... Date of Permit .......... Applicant .... ..................... ... .. .... Health Dept. Approval ........................ Labor Dept. Approval ......................... Unde~riters Approval ........................ Planning Board Approval .................. Request for Temporary Certificate ..................... Final Certificate ........ Fee Submitted $ ............................. Construction on above described building and permit'meets all appi~,cable~codes and regulations. -~z.t. Applicant .: ....,,, .............. Rev. 10-10-78 July 2, 1982 Southold Town Zoning Board of Appeals TOwn Hall Main Road Southold, New York 11971 Attention: Linda Kowalski, Secretary Re: Appeal Application ~3009 Warren and Ellen Hufe Dear Linda: Enclosed please find three copies of survey showing the subject two story house, which were not included with our application of 6/30/82. Thank you for bringing this matter to our attention. Sincerely, ~dolp~ H. Bruer'~-~ RF~B/d f Encs. 20.0 7 A (c) I 30 6.0 A{c} ?54 25.5 ~0 ?~ 6 MATCH ® 314 A (c) SEE SEC NO 063 ~iNE