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HomeMy WebLinkAbout2972 Southold Town Board o£Appeals MAIN RI'lAD- STATE RDAD 2.5 SDUTHInLD, L.I,, N.Y, 11cj71 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2972. Application Dated April 6, 1982 TO: Mr. Robert L. Hyatt as agent Mr. Anthony Macaluso TELEPHONE (516) 765-1809 [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 May 7, 1982: Upon application of Anthony Macaluso, 1175 Oak Drive, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck to dwelling with insufficient side and front yard setbacks at 1175 Oak Drive, Southold, NY; also referred to as Reydon Shores Subdivision Filed Map 631, Block C, Lots 16 and 17; County Tax Map No. 1000-80-1-39. The board made the following findings and determination: By this appeal, applicant seeks permission to construct a deck six feet deep into the frontyard area and extending northeasterly no closer than 7½' from the side property line. The premises in question has 60' frontage along Oak Drive with a depth of 178 feet. A neighbor's dwelling to the east of the subject dwelling has a fully enclosed front porch with a setback from the front property line at approximately 16½' At the front of the dwelling in question is a small open porch/step area which extends six feet deep into the frontyard area at the present time. The board finds applicant's request reasonable under the circumstances. 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 and as specified below. sion On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that the application of Anthony Macaluso for permis- to construct deck to dwelling be and hereby IS GRANTED, SUBJECT (CONTINUED ON REVERSE SIDE HEREOF) DATED: May 18, 1982. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 2972 Matter of ~nthony Macaluso Decision Rendered May 7, 1982 TO THE FOLLOWING CONDITIONS: (1) That the deck never be enclosed; (2) That the deck be no closer than eight feet to the southeast side property line (and not to protrude any further into the frontyard area past the existing steps). Location of Property: Reydon Shores Subdivision Lots 16 and 17, Filed Map 631, Block C; 1175 Oak Drive, Southold, NY; County Tax Map Parcel No. 1000-80-1-39. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Douglass. (Member Sawicki was absent.) AND FILED BY SOUIHOLD TOWN CLERK NOTICE iS HEreBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Coda of the Town of Sou%hold, a Regular Meeting and the following public hearings will be held by the Southold Town Board o~ Appeals at the Town Hall, Main Road, Southold, NY on Friday, May 7, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of KARL AND HELEN DIMIG, 1015 Bungalow Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-118E for permission to reconstruct and enlarge existing garage located in the frontyard area to an extent exgeeding 50% of its fair value. Location of Property: 1015 Bungalow Lane, Mattituck, NY; bounded northeast by Deep Hole Creek; northwest by Smith; southwest by Bungalow Lane; southeast by McCormack; County Tax Map No. 1000-123-3-13. (A. Wickham, Esq.) //' 7:40 p.m. Application of Anthony Macaluso, 1175 Oak~ Drive, Southotd, NY for a Variance to the Zoning Ordinance,/ Article III, Section 100-31 for permission to construct dec~ to dwelling with insufficient~side and front yard setbacks ~ at 1175 Oak Drive, Southold, NY; also referred to as Reydon\ Shores Subdivision Filed Map 631, Block C, Lots 16 and 17; 3 Suffolk County Tax Map No. 1000-80-1-39. 7:45 p.m. Application of Eugene and Parr±cia Ann Mott, Box 38, RFD #1, Middle Island Blvd., Middle Island, NY 11953 for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct building mn this B-1 Zone with insufficient side and rear yard setbacks, at 31935 Main Road, Cutchogue, NY; bounded north by Imbriano; east by Mos- tupanick; south by Main Road; west by Boyd; County Tax Map No. 1000-97-5-9. 7:50 p.m. Application of Lucy E. Michaels, 3570 Minnehaha Boulevard, Southold, NY for a Variance to the Zoning Ordinance, Artgicle III, Section 100-32 for permission to construct acces- sory storage building in the sideyard area at 3570 Minnehaha Boulevard, Southold, NY; bounded north by Laughing Waters; west by Tschiember; south by Minnehaha Blvd.; east by Young; County Tax Map No. 1000-87-3-7. Dated: April 14, 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 22, 1982 and forward one affidavit of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971. Legal Notice of He--.rings for M~ay 7, 1982 Copies on April 16, 1982 to the following: Abigail A. Wickham, Esq., attorney for Mr. and Mrs. Karl Dimig Mr. and Mrs. Karl Dimig, 1015 Bungalow Lane, Mattituck, NY 11952 Mr. Anthony Macatuso, 1175 Oak Drive, Southotd, NY 11971 Mr. Robert L. Hyatt, Horton's Pt., Southold, NY (builder) Mr. and Mrs. Eugene Mort, Box 38, Middle Island Blvd, M.I., Mrs. Lucy E. Michaels, 3570 Minnehaha Blvd., Southold, NY 11971 Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Town Clerk Bulletin Board Members of the Zoning Board Individual Files 11953 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date .......................... , ...... ?L~ASE T~ NOT~C~ t~t you~ a?p]~cafio~ d~ted ..................... : .....]9. ~ for pe~it to construct... ~.~ .............................................. at ~cafion of Property ............................. ................... ............ .o~ ~o. ~ o ~'~ ~y....'7'~' County Tax Map No. 1000 Section .............. Block ...... / ....... Lot ..... .......................... Lot No ................. is returned herewith and disapproved on the following grounds...Z~.~ ~(~... 5~¢.5 ~ .~:r. .... F~..: ......... $~...~ ...... ~.{q n~ ............. ,... RV 1180 Building InspeCtor ~ TOWN OF SOUTHO/D, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APt~EALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ................................................................. o .................................................................... Nome of Appello,nt Street and Number ........................................................... APPEL Municipality .... Stat~'~''~'''' THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED Z~.~.,,~. ~ /.~'. ~F' ~-- WHEREBY THE BUILDING INSPECTOR DENIED TO ...... ...... ,: .................... Name of Applicant for permit of ~..~..~ ,,?/.: ;,).--..., .?,. ,,~ ................... C .~,..~.... ~,..~?...-,~.../~.' ............ ~.?...~....~...~ ................ Street and Number Municipality State (~"~PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1 LOCATION OF THE PROPERTY Z(.,/...~.......,~...,~,/..~.. r~ ..'~,~..L~.A...v...%'' ................ .~[.--.' ~, ~A.~,A ................ Street Use Di~rict ~ Zoning Map .. ................................. Map No I~ ' ~gt No., ~,, ...~ ., } ~ ~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section ~nd PerQgr~ph of the Zoning Ordinance by number. ~ not quote the Ordinance.) ,,,,TYPE OF APPEAL Appeal is made herewith for ([,/) A VARIANCE tc 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 (has) ~ been made with respect to this decision of the Building inspector or with respect to this ~roperty. Such ~ppeal was I ) request for a special permit ( ) request for a variance end was made n Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ,'~v~,~, Variance to the Zoning Ordinance ) ~s requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practica~ difficulties or unneces- sar', HARDSHIP because 2 The hardship created is UNIQUE and is not snare(] by all arooerties alike n the immediate vJcinir of this property and in this use district because 3. The /ar~ance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE' DISTRICT because ) ss .................................................... '.7.~ .................... COUNTY OF ) Signatur 19~-~ Sworn to this ........... ~.~....~.,, ........................ day of ....... ~.~ .................................... tory Public [ Town of Southold Board of Appeals COUNTY OF SUFFOLk DEPARTMENT OF PLANI~IING (516) 360-5513 LEE: £. KOPPE:LMAN July 8, 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 Anthony }~caluso Eugene & Patricia Mort Lucy E. Michaels Karl & Helen Dimig 2972 2973 2974 2976 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals ~ TELEPHONE (516) 765-'~809 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: ~ 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.: 2972 Location of Affected Land: Oak Drive, Southold County Tax Map Item No.: 1000- 80-1-39 Within 500 feet of: X Applicant: Mr. Robert L. Hyatt as agent Mr. Anthony Macaluso __ Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) __ State or County Road, Parkway, Highway, __ Boundary of Existing or Proposed County, Owned Land __ Boundary of Existing or Proposed County, or Other Recreation Area Thruway State or Federally- State or Federal Park 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. was granted COMMENTS: Applicant ~s3~ing permission to dwelling construct deck to Copies of Town review. Dated: July 6, file and related documents enclosed herewith for your i98~ -. ?. , //,:,. ::.:'~./. _ Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Nay 7, 1982 Mr. ~obert L. Hyatt Horton's Point Southold, NY 11971 Mr. Anthony Mao&luso 1175 Oak Drive Sou~hold, NY 11971 Re: Api~&I No. 2972 - Anthony Mac~luso 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 BOARD GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH II. SAWICKI $outhold Town Board of Appeals MAIN ROAD- STATE ROAD 25 Si'lUTHE)LD. l.l., N.Y. 1}c:J?~ TELEPHONE (516) 765-1809 May 12, 1982 Mr. Robert L. Hyatt Horton's Point Southold, NY 11971 Mr. Anthony Macaluso 1175 Oak Drive Southold, NY 11971/ Re: Appeal No. 2972 Anthony Macaluso 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 Friday, May 7, 1982: RESOLVED, that the application of Anthony Macaluso fo.r per- mission to construct deck to dwelling be and hereby is granted SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the deck never be enclosed; (2) That the deck be no closer than eight feet to the southeast side property line. 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 THUP,5'~%~Y, APRIL 22, 1982 NOTIEE 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 Southold Town Board of Appeals at the Town Hall, Main Road. Southold, N.Y. on Friday, May 7, 1982 commencing ~t 7:30 p.m. and as follows: 7:30 p.m. Application of KARL AND HELEN DIMIG, 1015 Bungalow Lane, Ma~- tuck, N.Y. for a Variance to the Zoning Ordinance, Article XI, Section 100-118E for permis- sion to reconstruct and enlarge~'~ existing garage located in the [rontyard area to an extent exceeding 50% of its fair value. Location of Property: 1015 Bungalow Lane, Matti- tuck, N.Y.; bounded northeast by Deep Hole Creek; north- west by Smith; southwest by Bungalow Lane; southeast by McCormack; County Tax Map No. 1000. t23-3-13. (A. Wick- ham, Esq.) ~7:40 p.m. Application of ~ Anthony Macainso, 1175 Oak Drive, ~outhold, N.Y. for a Variance to the Zoning Ordin- ance, Article III, Section 100- 31 for permission to construct deck to dwelling with insuf- ficient side and [rant yard/ setbacks at 1175 Oak Drive~ $outhold, N.Y.; also referreu. to as Reydon Shores Subdivi- sion Filed Map 631, Block C, Lots 16 and 17; Suffolk County l~Tax Map No. 1000-80-1-39. 7:45 p.m. Application at Eugene and Patricia Ann Mort, Box 38, RFD #1, Middle Island Blvd., Middle Island, N.Y. 11953, for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permis- sion to construct building in this B-1 Zone with insufficient side and rear yard setbacks, at 31935 Main Road, Cutchogue, N.Y.; bounded north by lmbri- ano; east by Moxtupanick; south by Main Road; west by Boyd; County Tax Map No:~ 1000-97-5-9. 7:50 p.m. Application of Lucy E. Michaels, 3570 Min- nehaha Boulevard, 5outhold. N.Y. for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory storage building in the sideyard area at 3570 Minnehaha Boulevard, Southold, N.Y.; bounded north by Laughing Waters; west by Tschiember; south by Minne- hahn Blvd.; east by Young; County Tax Map No. 1000-87- 3-7. Dated: April 14, 1982. BY ORDER OF THE SOUTHOLD TOWIJ~ BOARD OF APPEALS~ Patricia Wood, being du~orn, soys 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 o printed cody, has been published ~n said Long Is{and Traveler-Watch- man once each week for ...................... ./. ................ weeks successively, commencing on the ....... .%.:..'1~... .................. day ~ ..................... ~)~%A..~. ............. , 19...~... I Sworn to before me this ..... ,_,..~..x .............. day ............................................ , of LEGAL NOTICE 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 Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Friday, May 7, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of Karl and Helen Dimig, 1015 Bungalow Lane, Mattituck, NY for a Variance to the Zon- ing Ordinance, Article XI, Section 100-11BE for permission to reconstruct and enlarge existing garage located in the frontyard area to an extent exceeding 50% of its fair value. Location of Property: 1015 Bungalow Lane, Mattituck, NY; bound- ed northeast by Deep Hole Creek; northwest by Smith; southwest by Bungalow Lane; southeast by McCormack; County Tax Map No. 1000-123- , Esq.) p.m. Application o~l~k Macaluso, 1175 Oak Drive, Southold, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100- 31 for permission to construct deck to dwelling wit~ lent side and front~ setbacks at 1175 Southold, NY; also as Reydon Shores I Subdivision Filed Map 63~ Block C, Lots 10 and 17,~ Suffolk County Tax Map No.~ 1000-80-1-39. 7:45 p.m. Application Eugene and Patricia Ann Mntt, Box 38, RFD #1, Middle Island Bird., Middle Island, NY 11953 for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct building in this B- 1 Zone with insufficient side and rear yard setbacks, at 31935 Main Road, Cutchogue, NY; bounded north by Imbriano; east by Mnstupanick; south by Main Road; west by Boyd; County Tax Map No. 1000-97-5-9. 7:50 p.m. Application of Lacy E. Michaels, 3570 Min- nehaha Boulevard, South~ld, NY for a Variance to the Zon- ing Ordinance, Article III, Section 100-32 for permission to construct accessory stor- age building in the sideyard area at 3570 Minnehaha Boule- yard, Southold, NY; beun~L-d north by Laughing Waters; west by Tschiember; south by Minnehaha Blvd.; east by Young; County Tax Map No. 10(Ib87-3-7. ~ Dated: April 14, lg~2. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAL8 GERARD P. GOEHRINGER . CHAIRMAN By Linda Kowalski, 1TA22-3937 HELEN K DE VO[~ NOTARY PUBLIC. State of New York NO ,I707878, Suffolk TeIin Exp,es March 30, 19~L- ~ 631, ' :l 17; p NO. on of Ann Riddle ;land, to the [eVil, [ss[on :his B- t side ks, at ~ogue, ~ by by Main 2ounty /on of ~ Min- nehaha Boulevard, Southold, NY for a Variance to the Zon- ing Ordinance, Article III, Section 100-32 for permission to construct accessory stor- age building in the sideyard area at 3570 Minnehaha Boule- vard, Southold, NY; bounded north by Laughing Waters; west by Tschiember; south by Minnehaha Blvd.; east by Young; County Tax Map No. 1000-87-3~7. Dated: April 14, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Lincla Kowalski, Secretary 1TA22-3937 COUNTY OF SUFFOLK, ] STATE OF NEW YORK, ~ ss: · ?.z'.gy' .O.u?..t.a.v..ap. ri. ................... lining duly Sworn. he says that ........ is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county: and theft the notice, of which the mmexed is u printed copy, has been published in the said Suffolk Weekly Times once in eoch week, for . . . .o.b.e. .................... weeks successively commencing on the .~,d .................... day of .. . ....................... I am/ of ...Ap..~iL ........ IS.BZ, ! HEtEN K DE VOE NOTARY PUBLIC, St,~te ol New York No 4ZOTgT8. Suffolk Couotv Term E~plres March 30. 19~-~ Southold Town of Appeals Oril '14, 1982 ENVIRONMENTAL DECLARATION: Appeal No. 2972. ANTHONY MACALUSO. Deck addition to dwelling with reduCtion front and side yard setbacks at 1175 Oak Drive, Southold, NY. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Anthony Macaluso: ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a Type II Action, not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The premises in question is not located Within 300 feet of tidal wetlands area. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: Reydon Shores Filed Map 631, Tax Map NO. 1000-80-1-39. 1175 Oak Drive, Southold, NY. Block C, Lots 16 and 17. County Vote of the Board: Ayes: Grigonis, Doyen and Sawicki. Messrs. Douglass, Goehringer, JUDITH T. TERRY TELEPHONE (516) 765-1801 Southold, L. 1., N. Y. 11971 April 6, 1982 To: Southold Town Zoning Board of Appeals From: Juidth T. Terry, Town Clerk Transmitted herewith is Zoning A eal No application of Anthony. Macaluso~for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. ~~. ~erry~ Town Clerk JTT/bn Enclosure TOWN OF $OUTHOLD, NLrW YORK FROM OEC,S,ON OF BU,LD,NG ,NSPECTOR APPEAL NO. DATE .............................. TO THE ZONING BOARD Of APPEALS, TOWN OF SOUTHOLD, N. Y. l, Name of Appellant Street and Number ..... .~....~.:~,o.....a=.~... ....................................................... ;: ' . ......... HEREBY APPEAL TO Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ......~.....~.'....~...~..../..~...~.....?.::.: WHEREBY THE BUILDING 'N~CTO~ .~D~E .~?~T.~,T//~,. Name of Applicant for permit Street and Number ......................... ............ ......................... ( ~ PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ...'L.'...':..Z"-D'I,,F.I~.../..'/....I.~.I..V...~..: ................................................... Street Use District on Zoning Map .../...~..~..:. .................................... .~..~.i ................... 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.) 3. TYPE OF APPEAL Appeal is made herewith for ( ~ 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 (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested for the reason that . Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce procticol difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicimty of this property and in this use district because 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) ss couNTY S~gnatu.~e~/ Sworn to this ................ C..~.~ ....................day of ..............~7~.~j~ .......................... 19J~oq~ #OT&qY PUBLIC:, State of l~w Yo~k #o. 52.8125850, T~nn Expires Msrch BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the~To~vn, of Southold to request a (Variant;e) (Spec, iai Exception) (Special Permit) (the following relief: ,~ ~ 2. That the pro, pertly which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: /~/ J' d ~/ ,~t f: ~: L ~/~ 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: ~ ~ ~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Sect3x:~ / o ~ ,~ _~./ 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) 7o~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: '~ ~ ~ . · Petitioner Post,Office Address NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~'~C]/~.t~ ~d~ , being duly sworn; d~p~)ses and says that on the day of Z[L~ v ? [" ,19 __~, deponent mailed a true copy of the Notice set forth on the re- verse sic~e ~reo'f,~lirected to each of the above-named persons at the addresses set opposite thor r~pective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current~s~smen[roll oft~e To~ rice at ~ ~ ~ ,~ ~ [ ~., ~ ~ ~11 ~ ;that said Notices were mailed to each of said persons by (certified) (re~is~ered~ ~q. ' .... ' Sworn to b~for~e this dayof ~n~ - ,19~ Notary Public u. ~.8~ ~_,~ s Date) To: Southold Town Board of Appeals Main Road Southo ld, NY 11971 Re: Appeal Application of Location of Property: ~';173~ 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 i~ the within appeal application: (please check one box) [ ] May be located within 300 [ ] feet of tidal wetlands; h©~4ever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May b~ located within 300 feet of tidal wetlands; h©wever, 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. [ ] Flay 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 not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (Signature please(~7 ) . SHORT EHVIRONM[~IqTAL ASSESSI4~Iql ~ ' ~.~v ~NSTRUCTIONS: ..¢ -------~) In order to answer the questions in this short EAF it is assumed '~ that the preparer ¥~ill use. currently available information concerning the pro)eot and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) I~ any question has been answered Yes the pro)eot may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions have been answered l~o it is likely that this pro)eot is not significant. . ' (d) E'nvironmentol Assessment 1. ~'1±11 pro)eot result--in a large physical change to the pro~ect site or physically alter more Yes '/No than l0 acres of land? ....................... 2. ~'lill there be a major change to any unique or -unusual land ~orm found on the szte .......... Yes 3. ~'till project alter or have a large'effect'on /N existing body of water? ...................... Yes. 4.. ~'till pro)eot have a potentially large impact on groundwater quality? ...................... Yes 5. ~'till pro~ect significantly effect drainage flow on ad)acent sites? .............. ~ ........ Yes, . q f. ~'lill pro)oct affect any threatened or endangered plant or animal species? .......... . Yes ~No ?. ~'/ill pro~ect result in o ma)or adverse e~fe~t on air quality? .............. [ ....... : ....... . Yes. /~o 8. ~'till pro~ect have a mo)or e~fect on vzsual character of the community or scenic views or vistas known to:be important to the community?, Yes Z/No ~. ~7ill pro)eot adversely impact any site or .' structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area by 1 1 y? ..... o aaa agone ........ = .... ,' ....v. .... ~. Yes No la. ~'till pro)eot have a major effect on existing or future recreational opportunities? ......... Yes 11. ~?ill pro)eot result in.mo]or traffic problems o~ cause o mo]or effect to existing transportation systems? ....................... Yes_ (,~No 12. ~?ill pro~ect .regularly cause objectionable odors, noise, glare, vlbrotion, or electrical disturbance as a result of the pro,ecrUs - Y ~N operation? ............................. es 13. ~?ill Pro~ect have any impact on public health er.safety? .................................... Yes ~No 14. ~'/ill p~oject affect the existing community by directly causing a growth in permanent population of more than 5 percent over a one year period o~r have o ma)or negbtive effect on the character of the community or Yes 6~No neighborhood? ................................. .. 15. Is there public controversy concerning the pro)oct? ...................................... Yes :/ /