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HomeMy WebLinkAbout2965 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 -c;OUTHOLD, L.I., N.Y. 11g'71 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2965 Application Dated March 29, 1982 TO: Mr. Warren A. Sambach 173 Hillside Avenue Williston Park, NY 11596 TELEPHONE (516) 765-1809 [Appellant(s)] At a Meeting of the above on your the Zoning Board of Appeals held on April 14, 1982, appeal was considered, and the action indicated below was taken 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 , Section [ ] Request for The public hearing concerning this appeal was held on April 14, 1982. Upon application of Warren A. Sambach, 173 Hillside Avenue, Williston Park, NY (for Aaron Shikler and wife) for a Variance for approval of access, New York Town Law Art. 16, Sec. 280A. Location of Property: Private Right-of-Way off Main Road, East Marion, NY; bounded north and south by Swick; west by Swick and Woglom; east by Swick and Jayne; County Tax Map Parcel No. 1000-23-1-7. The board made the following findings and determination: By this application, applicant seeks approval of access over an existing private road with a good base, roughly 15 feet width, located off the north side of Main Road in East Marion. The lot to which this access is referred has frontage along this access road of approximately 269 feet and is more particularly known as County Tax Map District 1000, Section 23, Block 1, Lot 7, with an acreage of roughly 1.1 acre. The right-of-way in ques- tion is the only viable route to the premises to the board's knowledge. In considering this appeal, the board determines that the variance request is not substantial in relation to the code requirements; 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, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general (Continued on reverse) DATED: May 5, 1982. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2- Appeal No. 2965 Matter of Aaron Shikler Decision Rendered April 14, 1982 purposes of zoning; and that the interests of justice will be served by allowing the variance as applied for and indicated below. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to grant approval of access over the subject right-of-way applied for in Appeal No. 2965, application of Warren A. Sambach for Aaron Shikler, SUBJECT TO THE FOLLOWING CONDITION: 1. Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the applicant/owner shall be required to construct such drainage facilities as may be recommended by the Town Engineer. 2. That this access is deemed to include the approval of access to this parcel and the parcel most southerly of the parcel in question abutting this private road from the public town street to the parcel in question. Location of Property: Right-of-way off the north side of Main Road (S.R. 25), East Marion, NY; County Tax Map Parcel No. 1000-23-1-7. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. ,CD AI .. FILED BY ,,. ..... 'i'O-WN CLF2iK Town Cten., Town cf S~no] 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 Wednesday, April 14, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of Ewald Karbiner and Joseph Tomitz, 39 Edgewood Drive, New Hyde Park, NY (by Irving L. Price, Jr., Esq.) for a Variance for Approval of Access, New York Town Law Art. 16, Sec. 280A. Location of Property: 155 Sunset Path, Southold, NY; bounded north by Sunset Knoll Association; east by Sunset Path; south by Offenheiser; west by L.I. Sound; County Tax Map No. 1000-54-4-33. 7:40 p.m. Application of Arthur M. Schwartz, M.D., 240-11 Maryland Road, Douglaston, NY 11363 for a Variance for Approval of Access, Art. 16, Sec. 280A, over a new right-of-way located off the northeasterly side of West- phalia Avenue, Mattituck, NY; bounded north by Howard's Branch; west by Berner; south by Penny and ano.; east by Munz; County Tax Map Parcel No. 1000-113-9-10.1. 7:45 p.m. Application of Gerasimos Fioravantes, 265 Fourth Avenue, Brooklyn, NY 11215 for a Variance to the Zoning Ordinance, Article III, Section 100-30C for permission to use accessory building for habitable guest accessory use. Location of Property: 8220 Main Road, East Marion, NY; bounded north by Main Road; east by Am~tt & ano.; south by Smith & ano.; west by Cotrone & ano.; County Tax Map No. 1000-31-8-1.1. 8:05 p.m. Application of Richard Zeidler, 55 Whippoor- will Lane, Patchogue, NY for a Variance to the Zoning Ordi- nance, Article III, Sections 100-31 and 100-36 for permission to construct addition to dwelling reducing sideyard area. Location of Property: McDonald Road, Laurel, NY; bounded northeast by Chisholm; southeast by Great Peconic Bay; southwest by Brushes Creek; northwest by McDonald Road; Edgemere Park Lots 12, 13, 14; CTM No. 1000-145-4-15. sid 8:10 p.m. Application of ~arre___~n A. Sambach, 173 Hill- ~ e Avenue, Williston Park, NY 11596 (for Aaron Shikler and wife) for a Variance for approval of access, New Yo~k Town Law Art. 16, Sec. 280A. Location of Property: Private Right-of-way off Main Road, East Marion, NY; bounded north south by Swick; west by Swick, and Wiglom; east by Swick Jayne; CTM No. 1000-23-1-7. and and 8:15 p.m. Application of Mattituck Chamber of Commerce, Box 1056, Mattituck, NY for a Special Exception to the Page 2 - Legal Notice of Hearings Board of Appeals Regular Meeting of April 14, 1982 Zoning Ordinance, Article III, Section 100-30C(6) [f] for permis- sion to erect an off-premises advertising sign in an A-Residen- tial and Agricultural Zone, upon property of L. Tuthill, North Side of C.R. 48, Cutchogue, NY; further identified as County Tax Map Parcel No. 1000-101-1-4. 8:15 p.m. Application of Mattituck Chamber of Commerce, P.O. Box 1056, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-70C for permission to erect an off-premises advertising sign in a B-1 Zone, upon property of R. Nine, located at the southeast corner of C.R. 48 and Westphalia Avenue, Mattituck; bounded north by C.R. 48; west by Westphalia Ave.; south by Sidor & ors.; east by Urist, Ashton, Cooper, Love Lane, and ors. County Tax Map Parcel No. 1000-141-3-22. 8:15 p.m. Application of Mattituck Chamber of Commerce, P.O. Box 1056, Mattituck, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6) If] for permis- sion to erect an off-premises advertising sign in an A-Residen- tial' and Agricultural Zone, upon property of Greenbriar Homes, Inc., located at the north side of Main Road, Mattituck, NY; bounded north by Adel; west by Garrell; south by Main Road; east by Adel and McGuire; County Tax Map No. 1000-108-3-5.5. 8:20 p.m. Application of Mattituck Chamber of Commerce, P.O. Box 1056, Mattituck, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6) If] for permis- sion to erect an off-premises advertising sign in an A-Residen- tial and Agricultural Zone, upon property of R. Reeve, located at the southeast corner of Sound Ave. and Aldrich Lane, Mattituck, NY; further identified as County Tax Map Parcel No. 1000-120-3-8. 8:30 p.m. Application of William J. and Ruth Boylhart, by William B. Smith, 220 Mechanic Street, Southold, NY for a Variance to the Floodplain Management Law, Chapter 46, Section 46-18A for permission to construct lower floor below the minimum-required base flood elevation above mean sea level. Location of Property: 1370 Latham Lane, Orient, NY; Subdivision of "Land's End," filed Map No. 5909, L~t 4; County Tax Map No. 1000-15-9-1.4. Dated: April 3, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary Instructions to newspapers: Please publish once, April 8, 1982 and forward affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971 on or before April 12, 1982. Copies sent on 3/22/82 to: Irving L. Price, Jr., Esq., attorney for Karbiner & Tomitz Messrs. Karbiner and Tomitz, 39 Edgewood Drive, New Hyde Park 11040 Arthur M. Schwartz, M.D., 240-11 Maryland Road, Douglaston, NY 11363 ~asimos Fioravantes, 265 Fourth Avenue, Brooklyn 11215 Copies sent on 4/3/82 to: Mr. Richard Zeidler, 55 Whippoorwill Lane, Patchogue, NY 11772 Mr. Warren A. Sambach, 173 Hillside Ave, Williston Park 11596 (for Mr. and Mrs. Aaron Shikler) Mattituck Chamber of Commerce, Box 1056, Mattituck, NY 11952 Mr. William B. Smith, 220 Mechanic Street, Southold, NY 11971 (for Mr. and Mrs. William J. Boylhart) Town Clerk's Bulletin Board Supervisor and Town Board Members Planning Board Individual Files TOW, oF SOUT. O,D, MAR! k P EA L FROM DECISION Of BUILDING INSPECTOR T~m C~ ~ APPEAL NO. DATE ....~...~...~..~.....2.?. ,,.....Jr. p 8 2 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We).~/.,~'~.~'~l...~,...~lt~b&~J'L ...................... of ..... ~.7.~...~;l[]J,.~.;J,.~..q....~.~.~..'. .............................. Name of Appellant Street and Number Williston ?ark NY 11596 HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... ..~.t~r..~....J:.,...~.?..8...2. ................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of cio Warren A. Sambach, 173 Hillside Ave. Par,~, NY Street and Number Municipality State 1~596 PERMIT TO USE PERMIT FOR OCCUPANCY Information to construct 1. LOCATION OF THE PROPERTY .15911..t~in..Road.,...~,~l;...l~cL~..HY..l~.~..3.9. .......... Street Use DistrJct on Zo~ina MOD A r esidencial / a~l~Sltur e Sec. 23 Block 1 Lot 7 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 (X) 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 (M~(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 ...................................................................... (X) ( ) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that residence was constructed in 1951 with a right of way from northside of Main Road to parcel 1 and parcel Application for access was not required at that time. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1, STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by alt properties alike in the ~mmediate vicinity of this property and in this use district because N/A 3 The Vcriance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because :[,I: h~s beerl ~rt ex:l. st:eltce sirlce 1952 for access to two parcels of land. Access has been covered with sl:o~e and according 1:o survey ~Ls 15' wide. STATE OF NEW YORK ) ) ss COUNTY OF ) Signature .............................................. _~ March Sworn to this 26Ch day u ........................................................ 19 82 Notary Public FREgERICK T. FR",NCKE No'aw I~,b~l¢, State of N~ Yo~ No, 3~777~ QuaU~ In Nas~u ~_ 0 ~Z FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date To .h.~.~..'.~.~.....~3.~. ! .~.~ ~..~...~.' .~. . .~.. ~.~....,.... ~.~.& c ....................... ] ........ ( ~ N PLEASE TAKE NOTICE that your ~icati~ dated .......................... , ..... House No. Steer Hamlet co~ ~ ~ ~o. ~0o0 s~o~ ...... ~.~ ..... ~oc~ ........ ~ ...... ~o~ .. 7 .......... SubdMsion ..... ~ ......... F~ed M~p No ................. ~ot No .................. is returned herewith and disapproved on the fo]inw~g [~ounds .... ~..~1.~.~.~. ~.~.~... ~.. ~ ~. ~ ~... V~...o~ ~.. ~q.~...~.~. ~ ~...~.~.~ .............................. Building Inspector $outhold Town Board of Appeals ~AIN ROAD- ~TATF' ROAD ~5 SOUTH[3LD, L.I.. N.Y. 11~71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI May 5, 1982 Mr. Warren A. Sambach 173 Hillside Avenue Williston Park, NY 11596 Re= Appeal NO. 2965 - Aaron Shikler Variance 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 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI $outhold Town Board of Appeals MAIN ROAD- STATE ROAD 2S Si'IUTHE)LD. L.I., N.Y. 11cJ71 TELEPHONE (516) 765-1809 April 15, 1982 Mr. Warren A. Sambach 173 Hillside Avenue Williston Park, NY 11596 Re: Appeal No. 2965 - Aaron Shikler 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 April 14, 1982: RESOLVED, to grant approval of access over the subject right-of-way applied for in Appeal No. 2965, application of Warren A. Sambach for Aaron Shikler, SUBJECT TO THE FOLLOWING CONDITION: 1. Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the applicant/owner shall be required to construct such drainage facilities as may be recommended by the Town Engineer. 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 LOI',IG iSLAi'iD ORD~II~ Ry NIGH 'FI IE LI ME.. PAP. GEL ~B7, 70 f,A,~3~ "~'TC, T ¥"- MAP OF Pk:~PE~ Y SUi::?..VE, L,.~ FOP.... __~.A~ OFI SNIKLER, EAST M~iO~ GUAI:,?.AN1'EED TO FN~, CJ-ttCAGO TI TLE iNG..UF~ANC'Eco. P. ODEF~iCI4. VAN TUYL Legal Notices, LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 2~ of the Town Law and the provisions of the Amended a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hail, Main Road, Southold, NY on Wednesday, April 14, 19~2 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of Ewald Karbiner and Joseph Tomitz, 39 Edgewcod Drive, New Hyde Park, NY (by Irving L. Price, Jr., Esq.) for a Variance for Approval of Access, New York Town Lhw Art. 16, Sec. 280A. Location of Property: 155 Sunset Path, Southold, NY; bounded north by* Sunset Knoll Association; east by Sunset Path; south by Offenheiser; west by L.I. Sound; County Tax Map No. 10~0-54-4-33. 7:40 p.m. Application of Arthur M. Schwartz, M.D., 240-11 Maryland Road, Douglaston, NY 11363 for a Variance for Approval of Ac- cess, Art. 16, Sec. 280A, over a new right-of-way located off the northeasterlY side of West- phalia Avenue, Mattituck, NY; bounded north by Howard's Branch; west by Berner; south by Penny and ano.; east by Manz; County ~ax Map Parcel No. 1000-113- 9-10.1. 7:45 p.m. Application of Gerasimos Fioravautes, 265 Fourth Avenue, Brooklyn, NY 11215 for a Variance to the ~ Ordinsnee, Article IH, ~ ~for ~ion tO ~~ b~*'i.~ for habitaMe guest accessory use. Locatioq~[~Property: 8220 Main P, ed~ast Marion, NY; boumled ee~9.h by Main Road; east byAmott & eno.; south by Smith & anon; west by Cotrone & uno.; Coanty Tax Map No. 1(}00-31-8-1.1. 8:05 p.m. APplication of Rlehnrd Zeidier. 55 Whippoor- will Lane, Patcbogue, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-36 for permission to construct addition to dwelling reducing sideyard area. Location of Property: McDonald Road, Laurel, NY; bounded northeast by Chisholm; southeast by Great Peconic Bay; southwest by Brushes Creek; northwest by McDonald Road; Edgemere Park Lots 12, 13, 14; CTM No. lication of bach, 173 Hillside Avenue, Williston Park, NY 11596 (for Aaron Shikler and wife) for a Variance for approval of access, New York Town Law Art. 16, Sec. 280A. Location of Property: Private Right-of- way off Main Road, East Marion, NY; bounded north and south by $~,'ick; west by Swick, and Woglom; east by Swick and Jayne; CTM No. o .~:'IlT~p.m. Applic~i~'-o f Mattituck Chamber of Commerce. P.O. Box 1056, Mattituck, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6) [fl for permission to erect an off-premises advertising sign in an A- Residential and Agricultural Zone, upon property of L. To~hill~ North Side of C.R. 48, Cutchogue, NY; further identified as County Tt~ap Parcel No. 1000-101-1-4.~l~' 8:15 p.m. Application of Mattituek Chamber of Commerce, P.O. Box 1056, Matfituck, NY for a Variance to the Zoning Ordinance, Article VH, Section 100-70C for permission to erect an off- premises advertising sign in a B-1 Zone, upon property of R. Nine, located at the southeast corner of C.R. 48 and Westphalia Avenue, Mattituck; bounded north by C.R. 48; west by Westphalia Ave.; south by Sidor & ors.; east by Urist, Ashton, Cooper, Love Lane, and ors. County Tax Map Parcel No. 1000-141- 8:15 p.m. Application of Mattituck Chamber of Com- merce, P.O. Box 1056, Mattituck, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6)[fl for permission to erect an off-premises adver- tising sign in an A-Residential and Agricultural Zone, upon property of Greenbriar Homes, Inc., located at the north side of Main Road, Mattituck, NY; bounded north by Adel; west by Garrell; south by Main Road; east by Adel and McGulre; County Tax Map No. 1000-10~-3-5.5. 8:20 p.m. Application of Mattituck Chamber of Com- merce, P.O. Box 1056, Mattituck, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6) If] for permission to erect an off-premises adver- tising sign in an A-Residential and Agricultural Zone, upon property of R. Reeve, located at the southeast corner of Sound Ave. and Aldrich Lane, MaRituck, NY; further ident-' ified as County Tax Map Parcel No. 1000-120-3-8. 8:30 p.m. Application of Wffiiam J. and Ruth Boylhart, by William B. Smith, 220 Mechanic Street, Southold, · NY for a Variance to the Floodplain Management Law, Chapter 46, Section 46-18A for pe~issinn to construct lowest floor below the minitoum- required base flood elevation above mean sea level. Location of Property: 1370 Latham Lane, Orient, NY; Subdivision of "Land's End," filed Map No. 5909, Lot 4; County Tax Map No. 1000-15-9- 1.4. Dated: April 3, 1952. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalskl, Secretary 1TA8-3928 ..... ', BE aa~ch 30, I NOTICE 1S 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 8outhold Town board of Appeals at the Town Hall, Main Road, $outhold, N.Y. on Wednesday, April 14, 1982 commencing at 7:30 p.m. 8:05 p.m. Application Richard Zeidler, $5 Whippoor- will Lane, Patehogue, N.Y. for a Variance to the Zoning Ordinance, Article III, See- tions 100-31 and 100-36 for permission to construct ad- dition to dwelling reducing sideyard area. Location of Property: McDonald Road, Laurel, N.Y.; bounded north- east by Chisholm; southeast by Great Peconic Bay; south- west by Brushes Creek; northwest by McDonald Road; Edgemere Park Lots 12, 13, 14; CTM No. 1000-145-4-15. p.m. Application ofx n A. Sambach, 173 Hillside Avenue, Williston Park N.Y. (for Aaron Shilde£. and wife) for: a ,Variance. fo~ approval of aecoss, New York Town Law Art. 16, Sec. 280A. Location of Property: Private Right-of-way off Main Road, East Marion, N.Y.; bounded north and south by Swick; west by Swick, and Wiglom; east by Swick and Jayne; CFM No. 1000-Zt.1.7. ----~eT$~p.m. Application of Mattituck Chamber of Com- merce, P.O. Box 1056, Matti- tuck, N.Y. for a Special Eaeeption to the Zoning Ordinance, Article III, Section 100-30C(6)[f] for l~rmission to erect an off-premises advertis. lng sign in an A-Residential and Agricultural Zone, upon... property of L. Tuthill, North Side of C.R. 48. Cutehogue, N.Y.; further identified as County Tax Map Parcel No. 1000-101-1-4. 8:15 p.m. Application of Mattituek Chamber of Com- merce, P.O. Box 1056, Matti- tuck, N.Y. for a Variance to the Zoning Ordinance, Article VII, Section 100-70C for permission to erect an off-premises advertising sign in a B-1 Zone, upon property of R. Nine, located at the southeast corner of C.R. 48 and Westphalia Avenue, Mattituek; bounded north by C.R. 48; west by Westphalia Ave.; south, by Sidor and Ors.; east by Urist~, - Ashton, Cooper, Love Lane. COUNTY OF SUFFOLK ss: STATE OF NEW YORK Pmricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ........................................ weeks successiveJy, commencing on the % .................. ....... :: ...................................... Sworn to before me this ...........N~'~ day of ............. Mattituck, bl.Y.; further iden- · tiffed as County Tax Map Parcel No. 1000-120-3-8. 8:30 p.m. Application, of -William J. and Ruth Boylhart, .by William B. Smith, 2,20 Mechanic Street, Southold, N.Y. f~r a Variance to the Floodplain Management Law, Chapter 46, Section 46-18A for permission to construct lowest floor below the rainimum- required base flood elevation above mean sea level. Location of Property: 1370 Latham Lane, Orient, N.Y.; Subdlvi- ~lvlioa of "Land's End," fded ap No. 5909, Lot 4; County Tax Map No. 1000-15-9-1.4. Dated: April 3, 1982 By Order of the Southold Town Board of'Appeals Gerard P. Goehringer Chairman By Linda Kowaisld ~-~ Secretary ~ 1T-4/8/82(101) ~K JUDITH T. TERRY TOWN CLERK REGISTRAR Ol VITAL STATISTICS To: From: Southold, L.l.,N.Y. 11971 March 29, 1982 Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk TELEPHONE (516) 765q80! JTT/bn Enclosures · Terr7 Town Clerk Transmitted herewith is Zoning Appeal No. 2965 application of Warren A. Sambach for a variance. Also included is notification to adjacent property owners; Short Environmental Assesment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. -m TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. j ? ~/ 5 DATE., M.,a.,,r..c,,.h.....2..9..;...?:.9 8 2 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number Williston Park NY 11596 ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... ,M,,,a.,r..,c..h....,%,.;,..%.,.9.,8...2. ................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of c/o Warren A. Sambach, 173 Hillside Ave. Williston Park, ........................................................................................................................ %TSg6 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Information to construct NY 1. LOCATION OF THE PROPERTY ..~.~9..~7.~.~.~.~.~..~..a.~.d.*~.~..a~C~.~...a.~...~..~..~.~.~.~..~.?.~ .......... Street .Use Di~t[ict orj Zo~inq ~vtap__ A resz~encza£/agrzcn~ure Sec. 23 Block 1 Lot 7 /v~op 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 (~afr,~(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 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 (x) ( ) ( ) is requested for the reason that residence was eonstrucEed in 1951 with a 15' right of way from northside of Main Road to parcel 1 and parcel 2 Application for access was not required at that time. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unr~eces~~ sory HARDSHIP because 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 3 Tine Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because it has been in ex£sCence since 1952 for access to two parcels of land. Access has been covered w£th stone and according to survey is 15' wide. STATE OF NEW YORK ) ) ss COUNTY OF ) Signature Sworn to this 26th day of March 19 Notify Public, ~t~te of N~ No. 3~777~ Quellfl~ In Naseeu ~un~ C~i~slon ~xgi~ M~r~h 30, 19 ~ ~ 82 BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : Aaron Shikler & wife : 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 Town of Southold to request a (Variance) (:~le2g~glg~lf4]~:) (S~ Access to highway section 280a Town Law ). 2. Thattheproperty whichisthesubjectofthePetitionislocatedadiacenttoyourpropertyandisdes- cribed ~follows: 15917 Main Road~ East Marion~ NY w/s right of way 342.10' North Main Road W 72© 53' 30" W 187.70'; N 17° 06' 30" 268.90'; E 72© 53' 30" N 183.13', S 13© 57' 30" E 119.29; ~2iv 2ii i0" ~ i50.i9i i~c of Deginning 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: approval of acces~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section 2gO~ Tn~ l.~w 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. (5].6) 765-].809. 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: March 24, 1982 ~4J~x a ~ Warren A. Sambach Petitioner for Aaron Shikler Post Office Address 173 LT-['llg-lda Ave. P.f). Rotc 116 Williston Park, NY 11596 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED M3%IL RECEIPTS NAME ADDRESS Theodore P. Swich & wife c/o White Weld & Co. 20 Broad St,., New York, Rita C. Woglon Box 781, Orient, NY 10005 STATE OF NEW YORK ) COUNTY OFSUFFOLK) ss.: NY 11957 Warren A. Sambach , residing at 173 Hillside Ave. Williston Park. NY , being duly sworn, deposes and says that on the 24 day of Mm-r-r~h , 1982 , 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- rice at Williston Park, NY ;that said Notices were mailed to each of said persons by (certified) (r~l~d) mail' /~ ~, ~ 24 o.beforeme this MarCh T~/T~ Notary Public FREO£RICK T. N~a~ ~bllc, State of N~ Yo~ No. 30-~777~ Commi~ion March 29, 1982 (Today's Date) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: Aaron Shikler & wife !59±? Main Road East Marion~ NY 11939 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) [ ] biay be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May b~ ·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. ~[x] 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) Warren A. Sambach for. Aaron Shikler & wife ~ ' !NSTRUCT!ONS: SHOI~,T EHVIRONMENTAL ASSESSIJkNI ruF,~4 -- ~ order to answer the questions in this short EAF it is assumed that the preparer will use currently available 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) I£ any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely {hat {his project is not significant. .. (d) E~vironmentol Assessment ~. Will project result in o large physical change to the project site or physically alter more than lO acres of land? ........................ Yes X 2. ~'lill there be o major change to any unique or .... Yes ~ No -unusual land form ~ound on {he sit~? ...... . ~. ~'till projec{ alter or have a large effect on existing body of water? ........................ Y~S X 4. ¥lill project have a potentially large Yes ×~ No on groundwater quality? ....................... 5. ¥till project significantly e~fec{ drainage ~low on adjacent sites? ....................... ,- Yes × ~. ~?ill project affect any threatened or endangered plant or on~ol species? ............ Yes,~ No ?. Will project result in o major adverse effebt on air quality? .............. · ................. Yes No 8. ~'~ill project have o major effect on visual character of the community or scenic views or vistas known to:be important to the community?~ Yes ~ No ~. ~'~ill project adversely impact any site or .. structure of historic, prehistoric or paleontological importance or any site designated os o critical environmental oreo by o local agency?. ~ ...... ~ .......... .. Yes~ No lO. ~'lill project hove o major effect on existing or future recreational opportunities? ......... Yes.~. No 'll. ~&ll project result in.major traffic problems o~ cause a ma~or effect to oxistln9 transportation systems? ....................... Yes.× No 12. ~ill project .regularly cause objectionable '' odors, noise, glare, vibration, or electrical disturbance os o result of Che project's operation? : Yes X No 13. %?ill project have any impact on public health or.safety? ................ Yes, x No directly cousin9 o growth in permanent populotion of more thon 5 percept over a one yeor period or hove o mojor negative effect on the chorocter of the community or neighborhood? YesX No 15. Is there public controversy concern{n9 {he project? ...................................... Yes x No Warren A. Sambach , REPRESENTING_ A~rnn SbiW!er a_ ~.~,.. '__'_~ OTTO J. SAMIIACH WARFt£N A.$AIdBAGH 173 HILLSIDE AVENUE WILLISTON PARK, N.Y. 11596 February 26, 1982 Mr. George Fisher Town of Southold P.O. Box 728 Town Hall $outhold, NY 11971 Re: Aaron Shickler Sect. 023, Block 1, Lot 7 North of Main State Road East Marion, NY Dear Mro Fisher: With reference to your letter of February 25, 1952 I a~ enclosing a preliminary plan showinq the proposed installation of an artists studio over an existing attached garage. Sincerely, Warren A. Sambach, P.E. df Eric. ~0~G PARCEL N SEE SEC N00 ,,(3 LU ~5 I,OA(c) SEE SEC NO. ~32 SEE SEC N0022 022