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HomeMy WebLinkAbout3001 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3001 Application Dated May 26, TO: Richard J. Cron, Esq. Main Road Cutchogue, NY 11935 1982 (as attorney for Harold E. Walters) [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on ~ul~ 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 100-115 The public hearing on this matter was held on July 8, 1982. Upon application for HAROLD E. WALTERS, by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-115 for approval of suitable screening around the periphery of the existing junkyard located at 400 Nokomis Road, Southold; more particular- ly known as County Tax Map District 1000, Section 78, Block 3, Lot 20 at Laughing Waters. The board made the following findings and determination: By this application, applicant~seeks approval of suitable screening at these premises upon which applicant stores scrap materials and has stored since prior to zoning. The premises in question is zoned "A" Residential and Agricultural, and contains an area of 9,600 square feet with 75' frontage along Nokomis Road. Existing on the premises are a 1½-story frame, one-famil dwelling house~ and two accessory buildings in the rearyard used for storage. Section 100-115 of the Code requires "...all automobile yards or other junkyards in existence as of the effective date of this chapter, as first enacted in 1957, shall within three years from such date provide suitable screening in the form of fencing or hedges completely around the periphery of the area used for such purposes, and the type of fencing and hedges shall be subject to the approval of the Board of Appeals .... " It is the opinion of this board that the periphery of the entire rear- yard should be enclosed with a six-foot stockade fencing. Now, therefore, on motion by Mr. Sawicki, seconded by Mr. Doyen, it is RESOLVED, that the screening outlined below is required for the existing scrapyard located at premises of HAROLD E. WALTERS and known as 400 Nokomis Road, Southold, NY, and such screening is SUBJECT TO THE FOLLOWING: 1. That the paraphernalia (used materials) shall be limited to the rearyard area; 2. That the rearyard area must be enclosed with a six-foot stockade fence to encompass the north and south lines from the rear of the house and the entire west line; (CONTINUED ON PAGE TWO) DATED: August 3, 1982. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3001 Matter of Harold E. Walters Decision Rendered July 29, 1982 3. This stockade fence must be maintained in good condition dur- ing the operation of this business. Location of Property: 400 Nokomis Road, Southold, NY; County Tax Map District 1000, Section 78, Block 3, Lot 20. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis abstained from vote.) This resolution was adopted by majority vote. RECEIVED AND FILED BY T~iE $OUTIiOLD TOV~N DATE~/~ ~OUR~,.~3~./~ APPROVED - ~hairmar~ 8oard of Appeals' MAIN ~{~AD~ STATE ~OAD 2S ~OUTHC]LD. L.I., N.Y. TELEPHONE (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, the following matters will be held for public hearing by the Soubhotd Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, July 8, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of ANNETTE GOLDEN C~2{NES~ 1445 Bay Shore Road, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Sections 100~31 and 100-36 for approval of the construction of swimmingpool and deck with insufficient side and rear yard zetbacks at 1445 Bayshore Road, Greenport, NY; bounded north by Pipes Cove; west by O'Brien; south by Bay Shore Road; east by Koehter; County Tax Map Parcel No. 1000-53-4-4. 7:35 p.m. Application of ~ARGARET DELLANNO, by Rensselaer G. Terry, Esq., Main Road, Southold~ NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A & B for permission to use preexisting touris~-home altered to a three-apartraent buildinq for use as~ three-dwelling apartments in this A-Residential and Agricultural Zone. Location of Property: 51255 County Road 48 and 50 Clark Road, Southold; bounded north by Corey; west by Clark Road; south by C.R. 48; east by Aurichio; County Tax Map Parcel No. t000- 135-2-7.1. ~ 7:45 Application for HAROLD E. WALTERS, by Richard J. ~ p.m. Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zonin¢ / ' Ordinance, Article XI, Section 100-115 for approval of suitable ~ screening around the periphery of the existing junkyard located at 400 Nokomis Road, Southo!d; more particularly known as County Tax Map District 1000, Section 78, Block 3, Lot 20 at Laughing j Waters. --~ 7:50 p.m. Application of GEORGE H. AND BEVERLY G. BOEHLE, Woodcliff Drive, Mattituck, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-31 for approval of insufficient area and depth of two parcels located a~ Westview, Mayflower and Woodcliff Drives, Mattituck; bounded north by Westview Drive; west by Woodcliff Drive; south by Delisle Inc. and Orlowski; eas5 by ~ayfiower Road; County Tax MaD NOS. 1000-107-8-24 and 11. Agenda Page 2 Southo!d Town Board of Appeals Regular Meeting of July 8, 1982 7:55 p.m. Application of PAUL ~D BARBARA LEARY, 165 Second Street~ New Suffolk, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck addition with an insufficient sideyard setback (and rebuild existing steps) at 165 Second Street, New Suffolk, NY; bounded north by Pugsley; west by Martin; south by Brophy; east by Second Street; County Tax Map Parcel No. 1000-117-10-20.5. 8:00 p.m. Application of WILLIAM E. AND PAUL A. TUITE, 1777 Harvard Avenue, Merrick, NY 11566 for a Variance to the Zoning Ordi- nance, Article III, Sections 100-31 and 100-36 for permission to construct addition to existing dwelling with reduction in sideyard a~ the South side of Midway Road, Southold; Cedar Beach Park, Filed Map No. 90, Lot 113; further identified as County Tax Map Parcel No. 1000-90-2-6. 8:05 p.m. Application of VERA GRETCHYN MARINO, One Denton Road, Kings Point, NY 11024 for a Variance for Approval of Access, New York Town Law, Section 280A over a private right-of-way located off Soundview Avenue and referred to as "Hyatt Road - Private Road No. 18", Southold. Location of Property: 1925 Private Road ~t8, Southold; bounded north by Neslage and Private Road; west by Lind- meyer; south by L.I. Sound; east by Reise; County Tax Map Parcel No. 1000-50-1-20. 8:15 p.m. Recessed Hearing: Application of VINCENT W. ANNABEL, Appeal No. 2805. 8:20 p.m. Recessed Hearing: Application of NORTH FORK BANK AND TRUST CO., Appeal No. 2987. Dated: J~e 17, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN iBY Linda F. Kowatski, Secretary Instructions to newspapers: Please publish once, to wit, Thursday, July 1, 1982 and forward one affidavit of publication to: Board of Appeals, Town Hall, Southotd, NY 11971 on or before July 7, 1982. FORM NO. 5 TOWN OF SOUTHOLD BUILDING DEi>ARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION (owner or authorized agent of owner) .~.~...~..~ z~ .~....~c~ ~.~&.~,.-..~ (address of owner or authorized a~ent of owner) PLEASE TAKE NOTICE there exists o violation of: Zoni.g Ordinance ('~...Z~.....'(..~Z Other Applicable Laws, Ordinances'or ReguJations ............................................ at premises hereinafter described in that ~..~..~~....~ ~....~ (state character of violation) ~,-- , ~..... ' ~z-¢ ~_ ~... ~....~ ~ ~. ~z. ~/~ c ............................................ ~. ~o~at~o. of ............. -~'~...z~..=.~z~z ............................................................................. (SCate ~ctJon or paragraph af appiicabJe Jaw, ordinance or regulati~) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the Iow and to remedy the conditions above mentioned forthwith on or before the .................................................................... day of ..... ..~4~.C..~~4.. ............. , ~...~.~. The premises to which this O~ER TO REMEuY VIOLA~ ION refers ore situated at ,~..~ ..C~.......~...~....~....~..,.,~.....x.~. ........ ~....County of Suffolk, New York. Failure to remedy the conditions aforesaid and to comply with the eppJiccble provisions of law may constitute an offense punishable by fine or impr,sonment or bath. / / BuilBin~' Inspector · row o; SOUTHO .;,, NEW MAYi; 6 lgB, N ORDER TO RE DY VIOLATION DATE 5/26/82 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. RICHARD J. CRON, ~ as atty. ,, (~.X .'FOr...~c]~QT_~O...F.o..~'ALZERS .............. of ....... ~0..0.....~.~.~...o.?.~?._,,~..o.,~,~, .............................. Name of Appellant Street and Number ............................... .S.o.,u.~..h..o...]:.~ .................................................... ~:..~..: .......... I"t'ER[flY APPEAL TO Muhicipality State AN ORDER TO REMEDY VIOLATION THE ZONING BOARD OF APPEALS FROM~ OF THE BUILDING INSPECTOR ~ ~'~'~~]~ ........... ; ........................ DATED ..... .0...C..~...O..b...e.~...~ ~...~....~ .9..8..~ f. ....... WHEREBY THE BUILDING INSPECTOR 33{~J~TCx33~ VIOLATED ( ( (X) HAROLD F. WALTERS Name of Applicant for permit of 400 Nakomis Road, Southold, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY FOR FAILURE TO HAVE SUITABLE SCREENING APPROVED BY THE ZONING BOARD OF APPEALS LOCATION OF THE PROPERTY 400 Nakomis Road "A" Residential Street Use District on Zoning Map 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 auote the Ordinance.) Article XI - Section 100-115 3, TYPE OF APPEAL Appeal is made herewith for ( )A VARIANCE to the Zoning Ordinance or Zoning Mop ( }A VARIANCE due to lack of access (State of New York Town L.aw Chop. 62 Cons Art. 16 Sec. 280A Subsection 3 (X) Approval of suitable screening Lows 4 PREVIOUS APPEAL A previous appeal ~ (has not) oeen made with respect to this decision of the Building Such appeal was f ) request for o special Derm~t t ) request for a variance aha was made n Appea! No ................................Dated ...................................................................... REASON :OR APPEAL A Variance to Section 280A Subsection 3 A Var,once to the Zoning Ordinance X) Written approval of suitable screening ,s reauested for the reo$on thor the applicant was of the opinion that he had previously secured oral approval of screening atthe premises shortly after the Ordinance was enacted. Form ZB1 Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical dlfficultiesor unneces- sory HARDSHiP because applicant has been engaged in a collection and junkyard business for many years prior to the adoption of the Town Ordinance. The use of his premises is permissible under the Ordinance as a non-conforming use. Over the years since.the adoption of the Ordinance, the applicant was of the opinion that he had the approval of all Town agencies, including that of the Zoning Board of Appeals with respect to the screening of the premises. In order the this matter be fully resolved, applicant requests pursuant to Article XI, Section 100-115 of the Ordinance approval of suitable screening at his premises as may be reasonably determined by the Board of Appeals. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediote vicinity of this property and in this use district because 3 The Variance would observe the spirit of the Ordinance ond WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because HAROLD ) ss ..,....~..'~y. COUNT OF I IViay, 1982 Sworn to this 26th day of ............. · ................... .... ................. ~/ ' Notary Pub'ic ~ ~ ~ JA~E FLA~ N~ARY PU~, S~e of New Southolcl Town Board of Appeals MAIN ROAD- E~TATE: ROAD 25 IBOUTHOLD, L.I., N.Y. 11g'71 TELEPHONE [516) 765~1809 APPEALS BOARD MEMBERS GERARD P GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAV~ICKI TO: Victor Lessard, Building Department Administrator Curt Horton, Inspector FROM: Jerry Goehringer, ZBA Chairman DATE: August 24, 1984 SUBJECT: Harold E. Walters Property Appeal No. Variance for Screening around Periphery 3001 of Junkyard Area As per your verbal requests, we are providing copies of the survey sketch outlining in yellow the junkyard area to be enclosed with a six-foot stockade fence and a copy of the board's July 29, 1982 decision concerning this screening. The paraphernalia is to be limited to the rearyard area of this parcel as shown on the attached map, and to clear any misunderstand- ings, the parcel in question is the residence parcel known as 400 Nokomis Road, Southold, County Tax Map No. 1000-78-3-20. The stockade fencing is to be maintained in good condition during the operation of this business. We hope that this memorandum will suffice for your record. ~~0~ .0 Fr. W,'q~ _T~YS 910 ~abasso Street P.O. Box 419 Southold }I.Y. 11971 May 30, 1984 Prank ~,lurphy $outhold Town bupervisor P.O. Boxl302 l. iattituck N.Y. 11952 Dear Supmrvisor ~lurphy~ In your recent newsletter "~rankly Speaking" you szaze "Remember ... ~lurphy cares". After you h~ve read this letter ~ hq)e ~o find you were sincere in th£s statement because nor only I but a ma3ority of' my fcllot~~ neighbors in Laughins ~gter are deeply concerned with the lack of e~forcemen~ of the Zonin~ Code of ~he The mosz flagrant violator is one Harold L~alters who is operating a 3uDk ygrd~ principally cars and trucks, On the west side of Makomis lioad about 300 fee~ south of B~la,;ater Ave. T~le property consists of ~wo lots, ~(1) on which the ~alters house is located and #(2~ ~he io~ ad3oinil~ the house zo the north on which the cars and trucks are situated. 'l~e property is zoned Residential. Lot #(1) has an exemption for a portion supposedly properly screened because ~r. ~alters lived there prior to the Zoning Code. Lot #(2/ has no exemption for it was only acquired a few years ago. B'!r. ~l~ers has been oreviously cited for violations and ordered by Tov~ Justice Tedeschi zo clean up the premises. He was given a dislnissal for compliance. ~lis happened a couple of years ago, now the place is twice as ba~l as it was previously but thc Building Dcpto has not issued another citation. ~hat we want to know is why? The penalties for violation have been increased still nothing is done. i know your schedule is busy but the scene of thc violation is less than five ~inutes from Town Hall. P. ide over and see for yourscl£ this eyesore in ~n othert~ise well kept residential co~]mnzty~ See why we in Laughing ~'azer are cmbarassed by it and, even n~ore disconcerting is to know tha~ tile value of our property is being depreciated by it. This man is literally thumbing his nose at t!~ Tc~v~ of $outhold and tile Town is doing nothing about it. ;'.~e in Laughi~%?~r~ getting the ruu around goiz,~ through normal channels and arc asking you zo personally investigaze tile inaction on the part Of the Building Dept. SpeakinZ of the Building Dept. bore is another gripe again in Laugbin~ ~ater. ~n Jan. 4, 1984 a hearing was conducted by the Jouthold To%,n~ Board (continued) of Appeals on an application of ~'~illi~m Burkh?~rdt for a v~rmance ~na permission to construc~ a new one family dwelling on ~hc proper~y loc~ed on ~he nor~e~s~ corner of N~ko~s Road ~nd %~gbgsso At that meetin~ we r~ised the question that we had heard that Burkhard~ infer.ed ~o move ~ house from another loc~ion. .e w<re ~ssured that was not the case~ in f~ct ~ member of the board handed E~c thc plans for the new house for my ex~mina~ion~ I~c variance ~as grab%ted ~nd 14r. Victor Lass~rd assured us ~hat construction %~,ould be strictly supervised in accordance with tl~e To%~ Buildi~ C~es. So wh~t happens, on Mon~ay mornin~ biay 21, 1984 at approximately 8 A.M. an old honse is moved onto ~ new foun(%ation %~;hich w~s built esriier this sprin~ ~ Now if ~]]is isn't outright deception I do no~ know what is. It d~s not ~dd '~o ~he s~ure of the To%~ of [iou~hol~[ To ~llow a "f~s~ one" to be pulled by Mr. Burkhsrd~ bu~ even worse let thc Buildin~ Dept. condone s~e. In order to preserve the'integrity of ~he Tov;n of Southold no~ only I but my neighbors in Laughin~ ~a~er 5s~ ~h~t you person~!ly intervene ~o inves~i~e The violations mentioned above, de~ermine %~ho is not doin~ job, ~n4 see that coffee%ire ~essurcs are t~kcn' %o rectify ~hese violations. By doin~ so you will restore our confidence in your ~dminis~r~tion. Sincerely, /i l~.2dw~rd ~/. Finck APPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHAIRMAN CHARLES GRiGONIS. JR SERGE DOYEN JR ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals HAIN ROAD- STATE ROAD 25 SDUTHOLD. L.I., N.Y. llg?l TO: Mr. Curtis W. Horton, Building Inspector FROM: Jerry Goehringer SUBJECT: Appeal No. 3001 Harold E. Walters DATE: October 26, 1982 TELEPHONE '516 765-1809 In response to your recent request, I am writing to let you know that it is my understanding that two board members, Mr. Joseph H. Sawicki and Mr. Charles Grigonls, have no objection to the minor change of the fencing on the Harold Walters' property. I, there- fore, also have no objection to this change based upon the fact that Mr. Walters is with the understanding that all the junk (including unlicensed vehicles) will be placed within the fenced area. If this is not the case and all paraphernalia is not placed within the fenced area in the very near future, then this amendment shall become null and void. I hope this letter is adequate for your files. Thank you for try- ing to alleviate a long-standing problem that has existed in the Laughing Waters area. ~, S~uthold Town Board ,Appeals -5- ~ly 8, 1982 Regular Mtgo PUBLIC HEARING: Appeal No. 3001. Application for HAROLD E. WALTERS, by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article 'XI, Section 100-115 for approval of suitable screening around the periphery of the existing junkyard located at 400 Nokomis Road, Southold; more particularly known as County Tax Map District 1000, Section 78, Block 3, Lot 20 at Laughing Waters° The Chairman opened the hearing at 7:49 p.m. and read the legal notice of hearing in its entirety and application for a variance. MR. CHAIRMAN: I have a copy of a survey prepared on December 18, 1981 by R. VanTuyl, P.C. of the parcel of land which is the nasure of this application, and a copy of the County Tax Map showing this and the surround- ing properties. Mr. Cron. ~,j~ RICHARD J. CRON, ESQ.: This is somewhat of an unusual applicatmon. It's neither a variance or a special exception. It is made pursuant no Section 100-115 of the code with respect to a junkyard-type of business, in that the Zoning Board of Appeals makes an lnspec5ion of the property and to be able to make a determination as to whether there is sufficient screenmng. As I have indicated in the application, before the enactment of the zonmng ordinance, he was of ~he opinion a5 the date of the notice of violation that he had in fact secured approval from the Zoning Board of Appeals when the zoning ordinance was enacted. Mr. Howard Terry I think can verify that for the board. That is non the lmpornan~ factor. The importan~ factor is that this board make something in wrm%lng and have specific requirements mn nerms of screening that we can comply with...screening reasonable mn nature. MR. CHAIRMAN: Thank you. Is there any else wishing to speak for the application? HOWARD TERRY (pas~ building inspector): Mr. Chairman and Members of the board. The Zoning Board of Appeals and I have gone and visited the site, and at that time the zoning ordinance required screening. I don't classify Mr. Walter's site as a junk operatmon. We did go through all of these codes. It is my understand that he has made a research. I sent a letter explaing it to Mr. Walters. The survey you have before you shows you where he put up the fence and some trees and bushes. Mr. Walters men the requirements of the board at the time. It was the chairman, Mr. Gillispie, myself and Mr. Bergen. I can't go down and look through it. MR. CHAIRMAN: We also did an intensified search and could find nothing. It was never acted upon by the board. We did an updated search for 280-a's in the town, which the Planning Board asked us to do, and we did go through every application that was ever brought before the board and at the same time we searched for information or action concerning Mr. Walters' property and found nothing. However we did find a lot of 280-a's. MEMBER GRIGONIS: Baring all the facts, I think it's pretty much about the same thing. ,~ ~outhold Town Board~ Appeals -6- 8, 1982 Regular Mtg. (Appeal No. 3001 - Harold E. Walters, Continued:) MR. CHAIRMAN: .Is the~e anyone wishing to speak against the application? Miss Wickh~n. ABIGAIL A. WICKHAM, ESQ.: I am here representing an adjoining neighbor, Leslie Kunst, who adjoins the property on the south. She is concerned about the screening because it does affect her property, the saleability and value of the property and is concerned about a possible ( ) of the property to the north, which was a problem at ~ome time. Mr. Terry indicated there was some natural vegetation that doesn't seem to be there any more. She would like to see something in terms of a stockade fence along that entire area, not only to the north but also, as you can see, down the road in the front. She likes the neighborhood and would like it to have a nice appearance, and we would like the board to take that into consideration. Mrs. Kunst ~ would also like to address the board. LESLIE KUNST: I own the property on the south side of Mr. Walters' property, which is 630 Nokomis Road. I am concerned. I have tried to sell the property. I had an interested buyer, who turned it down for the reason there were too many cars and his property was unappealing. I feel now there is no possible re~ale value with the property being as it is right now. After I bought the property, it was assessed at a less value for the fact of my neighbor's property, Mr. Walters, and I think with suitable screening this would help to improve my property values, and I am concerned aboun my property values. MR. CHAIRMAN: Is there anyone else wishing no speak against the application? (None) MR. CRON: I think it should be an interesting factor as to perhaps who was first in the area, and the objectant came at a subse- quent date. Mr. Walters is aware that he has no do some type of acreening and it is to be of a type this board should consider. The screening should be reasonable. MR. CHAIRMAN: Is there anybody else? MISS WICKHAM: First of all, the code does require Board of Appeals' approval of suitable screening and there is some question as to what that screening is, and Mrs. Kunst would like no be given a brief description as to what type, as she has been there. (Mrs. Kunst made a statement as to how she and her nwo children have been harassed byother children after she made a request no the building departmenn about this problem, and how Mr. WalterS' junk area seems to get better at one point, and then worsens.) MR. CRON: I don't think other children have anything to do with what this application is. ~3S~uthold Town Board ~ApPeals '7- [lY 8, 1982 Regular Mtg. (Appeal No. 3001 - Harold E. Walters, continued:) MR. TERRY: Mr~ Walters has been there since baCk in the 1940's, right after World War II, when junk was Actually Over a period of time it had f&ilen over the property line and she Could actually have claimed adVerse possession because nobody claimed it for years. MR. CHAIRMAN: Any further questions? Board members? (None) I'll make a motion to-- MISS WICKHAM: What type of screening are you proposing? MR. CHAIRMAN: Basically, there are three types of screening -- hedges of a certain minimum size, link fences -- complying with the code -- stockade fences. ~ MISS WICKHAM: As to the first two, a hedge can be seen through in the win~er time, and a chainlink fence can be seen through at any time. As to what happened in the 1940's and 50's, I'm not sure 5hat is existing. Mrs~ Kunst now owns that property, and it does affect her. MR. CRON: The board only considers what the ordinance requires. MISS WICKH~/~: Mrs. reasons. WICKH~'' MISS think Kunst wants a stockade fence for aesthetic the preparation of the ordinance is aesthetic. MR. CRON: Not solely. MR. CHAIRMAN: I'll make a mosion decision until a later date. close the hearing and reserve MEMBERS SAWICKI AND DOUGLASS: Second. On motion by Mr. Goehringer, seconded by Messrs. Douglass and Sawicki, it was RESOLVED, ~o close the hearing and reserve decision until a later date in the matter of Appeal No. 3001 HAROLD E. WALTERS. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. PUBLIC HEARING: Appeal No. 3003. Application of GEORGE H. and BEVERLY G. BOEHLE, Woodcliff Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and epth of two parcels located at Westvlew, Mayflower and Woodcliff Drives, Mattituck, NY; bounded north by Westview Drive; ~;~.%~"~/ NIAIN R[3A D- E;TA T E R[3A D 25 APPE ~,LS EOARD GERARD P. COEHRINGER CHAIRMAN CHARLES GBIGONIS. JR. SERGE DOYEN. JR. ROBERT J. OOUGLASS JOSEPH H. SAWICKI oard of Appekls 5DUTH[3LD. L.I., N.Y. 119'71 TELEPHONE {516) 765-1809 Auqust 3, 1982 Richard J. Cron, Esq. Main Road Cutchogue, NY 11935 Re: Appeal NO. 3001 Harold E. Walters 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 $ouihold Town Board of Appea MAIN I~0AD- ~TATiS I~OAD 2c, SDLITHOLO, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3001 Application Dated May 26, TO: Richard J. Cron, Esq. Main Road Cutchogue, NY 11935 1982 (as attorney for Harold E. Walters) [Appellant(s)] Appeals held on July 29, ~982 At a Meeting of the Zoning Board of the above appeal was considered, on your [ ] Request for Variance Due to Lack of New York Town Law, Section 280-a [ ] Request for Special Exception under Article , Section ~ Request Article and the action indicated below was taken Access to Property the Zoning Ordinance for Variance to the Zoning Ordinance XI , Section 100-115 The public hearing on this matter was held on July 8, 1982. Upon application for HAROLD E. WALTERS, by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-115 for approval of suitable screening around the periphery of the existing junkyard located at 400 Nokomis Road, Southold; more particular- ly known as County Tax Map District 1000, Section 78, Block 3, Lot 20 at Laughing Waters. The board made the following findings and determination: By this application, applicant'seeks approval of suitable screening au these premises upon which applicant stores scrap materials and has stored since prior to zoning. The premises in question is zoned "A" Residential and Agricultural, and contains an area of 9,600 square feet with 75' frontage along Nokomis Road. Existing on the premises are a l%-story frame, one-famil dwelling house'and two accessory buildings in the resryard used for storage. Section 100-115 of the Code requires "...all automobile yards or other junkyards in existence as of the effective date of this chapter, as first enacted in 1957, shall within three years from such date provide suitable screening in the form of fencing or hedges completely around the periphery of the area used for such purposes, and the type of fencing and hedges shall be sub~-ect to the approval of the Board of Appeals .... " It is the opinion of this board that the periphery of the entire rear- yard should be enclosed with a six-foot stockade fencing. Now, therefore, on motion by Mr. Sawick!, seconded by Mr. Doyen, it ls RESOLVED, that the screening outlined below is required for the existing scrapyard located at premises of HAROLD E. WALTERS and known 400 Nokomis Road, Southold, NY, and such screening is SUBJECT TO THE FOLLOWING: as 1. That the paraphernalia (used materials) shall be limited to the rearyard area; 2. That the rearyard area must be enclosed with a slx-foot stockade fence to encompass the north and south lines from the rear of the house and the entire west line; (CONTINUED ON PAGE TWO) DATED: August 3, 1982. Form. ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING OF APPEALS BOARD .Page. 2 Appeal No. 3001 Matter of Harold E. Walters Decision Rendered July 29, 1982 3. This stockade fence must be maintained in gOod condition dur- ing the operation of this business. Location of Property: 400 Nokomis Road, Southold, NY; County Tax Map District 1000, Section 78, Block 3, Lot 20. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis abstained from vote.) This resolution was adopted by majority vote. RECEIVED AND FILED BY T~iE SOUT~O~D TO%'TN CLE~K Town Clerk, Tov:n of~outhold APPROVED ~ha]rrnan Board of Appeals TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 12 July 1982 Gerald Geohringer Board of Appeals Southold Town Hall Southold, New York 11971 Dear Sir: As per our conversation in reference to Harold g. Walters (Junkyard). Visual inspection and photos taken indicate junk or second hand ma- terials are not confined in any specific area on the property. I refer you to section 100-115 of the Southold To~m code. This being a pre-existing non-conforming business does not exempt Mr. Walters from conforming with that section of the code which says he must within three years of adoption of the code, provide suitable screen- ing in the Farm of Fencing hedges etc. that must meet the approval of the zoning Board of Appeals,for the interest of scenic beauty be- cause this is in an (A Zone) it is within the realm of the boards authority, to restrict such activity to the rear yard of the business, if the board feels it will not hamper such business~Mr. Walters would still have the right to later appeal for more space if he felt he needed it. The word periphery can be interpreted in one of two ways~ (at the boards discretion). One~ could mean around the entire pro- perty line or two that area which encompasses the second hand material. I would suggest, whichever is less stringent on the ow~er~ again this would be a Zoning Board of Appeals decision. Yours truly, Victor Lessard Executive Administrator ~/~BA Chairman/Members copies Building Dept. Planning Board ~7~i~?b or his &gent c' O~igi:a! for ZYA file Co~ents or Reply Regueste~ public heanng ah~ ....;_~ia Town Board of Appeeas at the Town Hall, Main Road. Southold. NY on Thursday, July 8, 1982 eom- mencing at 7:30 p.m. and as follows: .7:30 P.M. Application of' "nes. 1445 Bay Shore Road, G-reenport, NY for a Variance to the Zoning Ordinance, Article IIL Sections 100-31 and 100-36 for approval of the construction of swimmingpeol and deck with insufficient side and rear yard setbakcs at 1445 Bayshore Road, Green- port. NY; bounded north by Pipes Cove; West by O'Brien; south by Bay Shore Road; east by Koehler; County Tax Map' Parcel No. 1000-53-4-4. - 7:35 P.M. Application of MARGARET DELLANNO, by Rensselaer G. Terry, Esq,, Main Road. Southold, NY for a Variance to the Zoning Ordi- nance, Article IH, Section 100-30A & B for permission to use pre.existing tourist-home altered to a three.apartment building for use as three- dwelling apartments in this A-Residential and Agricultural Zone. £ocation of Property: 51255 County Road 48 and 50 Clark Road. Southold; bound- ed north by Corey; west by Clark Road; south by C.R. 48; east by Aurichio; County Tax Map p~rcel No. 1000-135-2- 7.1. ~HA7:45 P.M. Application for ROLD E. WALTERS, by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordi- nance. Article XL Section 100-115 for approval of suit, able screening around the periphery of the existing junkyard located at 400 No- komis Road, Southold; more particularly known as County Tax Map District 1000, Section 78, Block 3, Lot 20 at Laughing Waters. x~_ 7:50 P.M. Application of GEORGE H. AND BEVERLY G. BOEHLE. Woodcliff Drive, Mattituck, NY for a Variance to the Zoning Ordinance; Article IH, Section 100-31 for approval of insufficient area and depth of two ~parcels' located ar Wes~tview, May! flower and Woodcliff Drives; Maltituck; bounded north by Westvinw Drive; west b~/ Woodcliff Drive; south by Delisle Inc. and Orlowski;' es.st by Mayflower Road; 'Cou~t~y' Tax Map Nos, 107-8-24 and 11, 7:55 P.M. Application of' PAUL AND BARBARA LEARY, 165 Second Street~ New Suffolk, NY for a Variance to the Zoning Ordi~ nance, Article In, Section ~-I00-31 ~ for ~'~'p'~i~ission to' construct deck addition with msuHlclent $1(leyara setback (and rebuild existing steps) at' 165 Second Street, New Suffolk, NY; bounded north b~; Pugsley; west by Martin; south by east by, a ~ub[ic newspaper p tinted a~ Southold. in Suffolk County; and ihat me notice of which the annexed is a printed copy, nas been published in said Long Island Traveler-Watch- / eel man once each week for ........................................ w s successively, commencing on the / day o~,~ ........... ~ ............ 19"'~': "~ Sworn to before me this ................................ day of 19._~-...%}~. 8:00 P;M. Application of WILLIAM E. AND PAU[ A: · TDITE, 1777 Harvard Avenue, Merrick,_ NY 11566 for -Variance ~o the Zoning Ordi, nance. Article IH, ,Sections 100-31 and 100-36 for pennis: sion to construct addition to' existing dwelling with reduc- tion in sideyard at the South side of Midway Road, South-* old; Cedar Beach Park. Filed. Map No. 90, Lot 113; further identified ~ County T~x Map Parcel No. 1000-90-2~6. 8:05 P.M. Application of VERA GRETCHYN MARINe, One Demon Road, Kings Point, NY 11024 for a Variance for Approval of Access, New York Town Law, Section 280A over a private right-of-way located off Soundview ~ and referred to as "Hyatt Road - Private Road No. 18", Southold. Location of Proper- ty: 1925 Private Road #18, :~ Southol~; bo,u, nded north by · Ne~slag~i,~d-? Pdvate'~TRo~d~:~ Weir b)~ Lindmeyer;'iouth' 'b~:; L.I. Sound; east by Reise,~ County Tax Map Parcel No. 1000-50-1-20. 8:15 P.M. Recessed Hear- ing: Application of VINCENT W. ANNABEL' Appeal No, 2805. : 8:20 P.M. Recessed Hear- ing: Applieatiun of NORTH FORK BANK AND TRUST CO., Appeal No 2987. Dated: June 17, 1982 By Order of the $outhold Town Board of Appeals Gerard P. Goehtinger, Chairman By Linda F. Kowalski, Secretary iT-7/1/82 (28) TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N. Y., Dr. ................... ' ....... : ...................... .~. ............................................................ Claimant Add ress.....,~.,.~ **~f'** ..... ...~......f.'. ........................................................ Fed, I. D. No ...... .,.,.,.~,..~:..~....~,~../.. ...... or Soc, Security No .............................. The undersigned (Claimant) (Acting on behalf of a~)ove namea Claimant) aoes nere~)y certify that ~ne foregoing claim s true and correct an~] thal no part ~nereof nas been paid, except as therein stated, and that the balance therein stated is actually due and owing. Dated .......... .?/~.". 19....~.:...~' //~'~ ~'J'~'~ '~' Signature LEGAL NOTIC~E NOTICE IS HEREBY GIVEN. pursuant te Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearing by the Southold Town Board of Appeals at the Town Hall, Main Road. Southold, NY on Thursday, July $. 1982, commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of ANNETTE GOLDEN CARNES, 1445 Bay Shore Road. Greenport, NY for a Variance to the Zoning Ordi- nance. Article IlL Sections,/~ 109-31 and 100~36 for approval of the construction of swim- mingpool and deck with insufficient side and rear yard setbacks at 1445 Bayshore Road. Greenport, NY; bounded north by Pipes Cove; west by O'Brien; south by Bay Shore Road; east by Koehler; County Tax Map Parcel No. 1009-53-4-4. 7:35 p.m. Application of MARGARET DELLANNO, by Rensselaer G. Terry, Esq., Main Road, Southold, NY for a Variance to the Zontag Ordinance, Article III. Section 100~30A & B for permission to use preexisting tourist-home altered to a three-apartment/ building for use as three- dwelling apartments in this A- Residential and Agricultural Zone. Location of Property: 51255 County Road 48 and 50 Clark Road. Southold: bounded north by Corey; west by Clark Road: south by C,R. 48: east by Aurichio; County Tax Map Parcel No, t000-135- 2-.1. · ~;'~:45 p.m. Application f0r~ HAROLD E. WALTERS, by Richard J. Cron, Esq., Main Road, Cutchogue. NY for a Variance to the Zoning Ordi- nance, Article XI, Section 100~ 115 for approval of suitable~ screening around th~ periphery of the existin~ junkyard located at 400 Nokomis Road, Southold; more particularly known as County Tax Map District 1000, Section 70. Block 3, Lot 20 at.) Laughing Waters. 7:50 p.m. Appliation of GEORGE H. AND BEVER- LY G. BOEHLE, Woodcliff Drive. Mattituck, NY for 'a Variance to the Zoning Ordi~ nance, Article III, Section 100- 31 for approval of insufficient area and depth of two parcels located at Westview, Mayflower and Woodcliff Drives. Mattituck: bounded Filed Map No. 90, Lot 113; further identified as County Tax Map Parcel No. 1000~90-2- 6. 8:05 p.m. Application of VERA GRETCHYN MARI- north by Westview Drive; -~ ' -NO One Denton Road, Kings weStsouth ,~ Delisle Inc. and/ for Approval of Access. New b~, Woodcliff Drive; .~ .~ oint, NY 11024 for a Variance Orlowski: east by Mayflower York Town Law, Section 280A Road: County Tax Map No~. 1000-107-8-24 and 11. . 7:55 p.m. Application of PAUL AND BARBARA LEARY. 165 Second Street, New Suffolk. NY for a Variance to the Zoning Ordi- nance. Article III. Section 100- 31 for permission to construct deck addition with an insuf- ficient sideyard setback 'and rebuild existing steps) at 165 Second Street. New Suffolk, NY: bounded north by Pugsley; west by Martin; south by Brophy; east by Second Street; County Tax Map Parcel No. 1000-117-10- 20.5. ~ 8:00 p.m. Application qf WILLIAM E. AND PAUL A. TUITE, t777 Harvard Avenue. Merrick,~NY 11566 for a Variance' to the Zoning Ordinance, Article III. Sec- tions 100-31 and 100-36 for permission to construct addi- tion to existing dwelling with reduction in sideyard at the South side of Midway Road. Southold; Cedar Beach Park, over a private right-of-way located off Soundview Avenue and referred to as "Hyatt Road - Private Road No. 10". Southold. Location of Property: 1925 Private Road #10. Southold; bounded north by Neslage and Private Road; west by Lindmeyer; south by L.I. Sound: east by Reise: County Tax Map Parcel No. 1000~50-1.20... 8:15 p m. Recessed Hearing: Application of VINCENT W. ANNABEL, Ap- peal. No. 2805. 5:30 p.m. Recessed fNearing: Application of ORTH FORK BANK AND TRUST CO.. Appeal No. 2967. Dated: June 17, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski, Secretary ?/1TJyl-4001 · ,//~ COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ss: .............................. being duly Sworn, says that .h..e ..... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county~ and ~hut th~ notice, of which the annexed is a printed copy, has been pu.blished in ~he ~aid Suffolk Weekly Times once in each week, f~r ...... o~e ................ weeks successively commeucing on the ..... ~..s.~. ............... day of ....... .~'lli~ Sworn to before me this ...~.~.~ ..... .... ........ HELEN I~ DE VnE NOTAI~Y PUBLIC. State of New V,~r~ No. 4/07878 Suffolk C~unt~ Term Exo~es M~ich 30. 19~J .VUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS K Southold, L. I., N. Y. 11971 May 26, 1982 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, TOwn Clerk Transmitted herewith is Zoning Appeal No. 3001 application of Harold E. Waiters for a variance. Also included is notification to adjacent prOperty owners; Short Environmental Assessment FOrm; Letter relative to N.¥.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. JTT/bn Enclosures Copies of the Legal Notice for July 8, 1982 to the following on or about June 28, 1982: L.I. Traveler-Watchman Suffolk Times, Inc. Town Clerk Bulletin Board Abigail A. Wickham, Esq. for A. Carnes and NFBTC Ms. Annette G. Carnes Rensselaer G. Terry, Esq. for M. Dellano Ms. M. Dellano Richard JI Cron, Esq. for H. Walters Mr. and Mrs. George H. Boehle Mr. and Mrs. Paul Leafy Mr. and Mrs. Wm. E. Tuite at Merrick and Southold Vera G. Marino, Esq. at Kings Point Mr. Vincent W. Annabel, Stillwater Avenue, Cutchogue Southold Town Board of Appeals 1982 ENVIRONMENTAL DECLARATION: Appeal No 3001. Applica-tionI of HARO~ E. WALTERS. Variance for approval of suitable screening around periphery of existing junkyard. On me~ion by Mr. Douglass, it was seconded by Mr. Sawicki, RESOLVED, to declare the following Negative Environmental Dectaratlon concerning the matter of HarQld E W - .- al.ters~ m. IVIRON~[ENTAL DECLAP~TION: Pursuant to Section 617.13 of the N.Y.S. Deparmmenn of Environmental Conservanion Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, nonice is hereby given that the Southotd Town Board of Appeals has determined that the subject projec~ as proposed in this ~r-al application is hereby classified as a Type II Action, not having a sicnifmcant adverse effec~ upon the environmen~ for the following reason(s): An Environmennal Assessmen~ in the Shor5 Form has been su~misted which indicates that no significsnt adverse effects were likely to occur should this project be implemented as planned. This declaration should not be considered a determination made for any other deparr_menn or agency which may also be in- volved., nor for any other project no~ covered by the subjec~ appeal application. Location of Property: 400 Nokomis Road, Southold., NY. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, DouglaSs and Sawicki. : REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces~ soryHARDSHIP because applicant has been engaged in a collection and junkyard business for.many years, prior to the adoption of the Town Ordinance. ~The use of his premises is permissible under the Ordinance as a non-conforming use. Over the years slnce.the adoption of the Ordinance, the applicant was of the opinion that he had the approval of all Town.agencies,~i including that of the Zoning Board of Appeals with respect to the. sgreening ?f the premises. In order the this matter be fully.res0!Ved~aPPlzCant requests pursuant to Article ~Sectlo~ 100-115 of the Ordinance ~Pproval of suitable screening at his premises as may be reasonably determined by the Board of Appeals. 2. The hardship created is UNIQ~UE 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 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ~Ric~fard J. 'Cron SwOrn to this 26th day of May, 1982 JANE FLATL£Y ~'~-~ NOTARY PUBLIC, State of NeW ' ~ No. 52-4665418, Suffolk Coun~f/~ ~,ornnlission Expires Mcrch 30, TOWN OF SOUTHOLD, NEW YORK MA¥~251~18~N ORDER TO RE~D¥ VIOLATION APPEAL FROM/X~OF BUILmNG ~NSPECTOR ^P~L NO. ~ DATE 5/26/82 TO THE ZONING BOARD OF APPEALSi TOwN OF SOUTHOLD, N. Y. . RICHARD J. CRON, as atty. ~, (m~:.~o=...~AmaLn..~.....~.T~RS...: ...... ~..o~ ....... ~.0...0...P~!.°..m...t.~...~..°.~ .............................. Name of Appella,nt Street and Number South.o..ld. N.Y. I'~RE'BY APPEAL TO Municipality State AN ORDER TO REMEDy VIOLATION THE ZONING BOARD OF APPEALS FROM~. Of: THE BUILDING INSPECTOR . ~,,'~c~ DATED .....~.~.,°.?.~...'f.F..:....~ ~.L:' - -- -^~- ....... WHEREBY THE BUILDING INSPECTOR ~ VIOLATED ( ) ( ) (X) HAROLD F. WALTERS Name of APplicant for permit of .,ia. o...~..o..m...t.~..,?.?.~.: ............... S..0..~..t.?..z.~.: .......... ,~.?..w...!.o.~ ...................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY FOR FAILURE TO HAVE SUITABLE SCREENING APPROVED BY THE ZONING BOARD OF APPEALS LOCATION OF THE PROPERTY 400 Nakomis Road "A" Residential Street Use District on Zoning Mop Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEAL;E?/(Indicate. the Article Section, Sub- section and Paragraph of the Zoning Ordinance by numbe, c'Do not quote the Ordinance.) Article XI - Section.100-115 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or. Zoning Map ( ) A VARIANCE due to lack of a6cess (State of New York Town Law Chap. 62 Cons. Laws Art. 16 SeC 280A Subsection 3 /' (X) Approval of suitable "screening 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building 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) Written approval of suitable screening is requested for the reason that the applicant was of the opinion that he had previously secured oral approval of screening atthe premises shortly after the Ordinance was enacted. l~0rm ZB! (Continue on other side) BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition.of ~ : HAROLD F. WALTERS : to the Board of Appeals of the Town of Southold : NOTICE TO: NANCY S. GRISSINO Bay Water Avenue Southold NY 11971 FRANCIS SCHRIEFER & Wife Bay Water Avenue Southold NY 11971 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 _ - _ (the following relief: Approval of suitable screening. ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed asfollows: 400 Nakamis Road, Southold, New York. 3. That the property which is the subiect of such Pet t on s ocated n the following zoning district: "A" es' e ' ' R ~d ntzal-Agrzcultural 4. That by such Petition, the undersigned will request the following relief: Approva 1 of suitable screening. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Art-'inl~ ~'T - Rool"inr~ 1fl0-1_1_5 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, SouthoJd, New York and you ma}, then and there examine the same during regular office hours. 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: May 26, 1982 Richard J~ Cron, Esq., atty. for Harold F. Walters Petitioner PostOfficeAddress ~X]~Y~~ Main Road ~~3[~3v~ Cutchogue NY ii93~ NAME Nancy S. Grissino Francis Schriefer & Wife PROOF OF MAILING OF NOTICE ADDRESS Bay Water Avenue Sonthold, N.Y. 11971 Bay Water Avenue Southold, N.Y. 11971 STATE OFNEW YORK ) COUNTY OFSUFFOLK) SS.: JANE FLATLEY , residing at Mattituck, New York~ , being duly sworn, deposes and says that on the 26th day of May ,19 ;~2 , 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- ; that said Notices were mailed to each of said persons by rice at Cutehogue (certified) (~=t~l~o~ mail. Sworn to before me this 26th dayof~ ~ _ ,19 ~ ?×Ja~e Flatley // RICHARD J, CRON ~0tary Public, State of New fork 52-5861280 · Suffork County .~ommission.ExpiresMarch 30, I9.~'/ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of HAROLD F. WALTERS to the Board of Appea~s of the Town of Southo[d NOTICE TO: LESLIE KUNST 630 Nakomis Road Southold NY 11971 ROBERTKOLOGI 2795 South Harbor Rd. Southold~NYi 11971 YOU ARE HEREBY GIVEN NOTICE: That it is the intention of the undersigned to petition the BOard GEORGE W. OVERTON & Wife Southold, N.Y. 11971 Of Appeals of the Town of Southold to request a ~2C~ , the following relief: Approval of suitable screening. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 400 Nakomis Road, S0uthold, New york 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Resident ia 1-A~ricu 1 tural 4. That by such Petition, the undersigned will request the following relief: suitable screeningi:' Approval of 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article XI - Section 100-115 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. 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 tight to appear and be heard at such hearing. Dated: May 26, 1982 RICHARD J. CRON, ESQ., atty. for Harold F. Walters Petitioner Post Office Address _=_--::..-~- ~. = :. __. Main Road Cutchogue NY 11935 NAME PROOF OF MAILING OF NOTICF ADDRESS Leslie Kunst Robert Kologi George W. Overton & Wife 630 Nakomis Road Southold, N.Y. 11971 27~95 South Harbor Road Southold, N.Y. 11971 Southold, N.Y. 11971 I IEC"s% q F'CA CERTIFIED MAIL Leslie KunSt sg~L6" N~a~ o mis Road Southold NY JANE FLATLEY ~ residing at Mattituck, New York, , being duly sworn~ deposes and says that on the 26Cbday of May 19 82 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each 0f~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 Cutchogue (certified) (.~eg:i~ mail. Sworn to before me this 26th day of ~ ~'v , -_ :82 ~ ~D ~. CRON EO~I~ Ih~fMl~ 8tats of New fork ~lo, 52-5861280 · Suffolk County ; that said Notices were mailed to each of said persons by /? ~.~' J~,ne Flatley/ ~'~ SHORT EHVIRONN~ENTAL ASSESSMENT FORI,~ ;~ ]NSTRUCTIONS: ..5 ~ In' ordcr ia answer the quesiions in this short EAF it is assumed 'f thai the preparer will use_currently available in[ormation concerning project and the likely impacts of the action. It is not expected that. additional studies, research or other investigations will be undertaken. (b) If any question has-been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions hove been answered No ii is likely that ibis project is not significant. . . · (d) Environmental Assessment 1. Will project result 'in o large physical change to the projeci site or physically alter more ' land? Yes ~ No than 10 acres of ........................ 2. ~'lill there be a major change to any unique or -unusual land form found on 3. Will pro)act alter or have o large' ef[ect on exisiing body of water? ....................... ¥~s, 4. Will pro)act hove o polentiolly large impoci on groundwaler quality? ....................... Yes, X'Ne._ 5. ~'till projec~ significantly effect drainage fl dj t it ? Yes ~ Nq ~. ~'till pro~ecl affect any threatened or endangered plant or animal species? ............ Yes.~ No 7. ~'till projecl result in o mobor 0dverse on air quality? ............................... , ~es,~No . 8. Will project have o major effect on visual characier of the communii~ or scenic views or vis~os known to:be imporlant to ~. %'lill project adversely impact any site or .' structure of historic, preJqistoric or paleontological importance or any site desi[naled as a critical envlronmeniol area 10. %~ill project have a major effect on exlsting or future recreational opportunitie, s? ......... Yes.~No 11. %~ill project result in .major traffic problems o~ cause a major effect to existing transporiation systems? ........................ Yes.~No 12. %?ill project .regularly cause objeclionoble odors, noxse, glare, vibration, or eleclrical disturbance es o result of the project's ~ion? ' Yes T~. N° opera' 13. %?ill project hove any impoci on public healih or.safety? ..................................... 14. %?ill projec~ o~feci ihe exlsiing community by' direcily csusing o growth in permanent population of more ihon 5 percent over a one year period or have o major neg~iive effect on ihe character of ihe communiiy or 15. Yes,.No neighborhood? ................................. ,~ Is there public controversy co, corning the Yes,<No project? ...................................... . . .. PREPARER'S SIGNAT~~ REPRESENTING ~ARO~D F. WALTE~ DATE 5/26/82 May 26, 1982 (Today' s Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of HAROLD F. WALTERS Locatmon of Property: 400 Nakomis Road . Southold. N.Y. 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 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 very 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, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet' in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. [-/..] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] / /~c~e .~ 1 y yours, ~//// -~'1~~n~ture Please)// $outho!d Town Board APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPH H. SAWlCKI MINUTES SPECIAL MEETING APRIL 24, 1982 ~' A Special Meeting of the Southold Town Board of Appeals was held on Saturday, April 24, 1982 at 9:30 o'clock a.m. at the Southold Town Hall, Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman; Robert J. Douglass and Joseph H. Sawicki. Absent were: Charles Grigonis, Jr. and Serge Doyen. The Chairman called the meeting to order at 9:30 a.m. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to table Appeal No. 2977, application of Jerome E. and M. Dorothy Bloom pending review and comments from the Southold Town Planning Board concerning this proposed division of property. Vote of the Board:. Ayes: Messrs. Goehringer, Douglass and Sawicki. Absent were: Messrs. Grigonis and Doyen. ~'~ MATTER OF HAROLD WALTERS at Laughing Waters~ Southold. The Chairman discus-~-~-c~ndence from Richard J. Cron, Esq. concer, ning the Harold Walters Property as to whether or / not screening for the junkyard had ever received approval from/ the Board. of Appeals, either in 1962 or thereafter. After / reSearching all our records, we have found no formal ac~i0n or~ informal approval ever mentioned at a public meeting of the board..There also was no record of any correspondence ~rom Mr. Gill~sPie, Chairman of the ZBA in 1962, concerning this alleged screening approval in 1962. The board members authorized the chairman to reply to Mr. Cron's letter informing him of the above and after again speaking to Member Grigonis.