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HomeMy WebLinkAbout2771 TOW~ OF SOUTHOLD~ NEW YOKK ACTION OF THE ZONING BOARD OF APPEALS AppealNo. 2771 Application Da~ed December 16, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To MS. Florence A. Evans 3940 Orchard Street Orient, NY 11957 1980 Appellant at a meeting of the Zoning Board of Appeals on J a n u a ry 2 2, 1 9 81 , was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance A r t. I I I, S e c. ( ) the appeal 100-31 1. S~v~7~g~N~a~tv~B~t~[t[~r~ve~X~X[Xs~e`~xa[y`c~&pti~n ( ) be gra~ed ( ) be deffied pursuant te Article .................... Section .................... Subsection .................... para~aph .................... of the ~ning Ordinance and the deeis~n ~ the Bulldog Inspector ( ) be reversed ( ) be co~irmed because PUBklC HEARING: 7:50 p.m. Application of Florence A. Evans, 3940 Orchard Street, Orient, NY 11957 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct dwelling with an insufficient frontyard setback off Brigantine Drive, Southold. Location of property: 2355 Anchor Lane (a/k/a 650 Brigan- tine Drive), Southold; Harbor Lights Subdivision Map No. 4363, Sub- division Lot No. 24; County Tax Map ID No. 1000-79-4-35. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because (SEE REVERSE SIDE) difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the dist~ct because (SEE REVERSE SIDE) (~vould not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ZONING BOARD OF APPEALS FORM ZB4 After investigation and personal inspection, the Board finds as follows: Appellant has appealed to this Board seeking a variance for permission to construct a new dwelling with an insufficient front- yard setback of 35' off Brigantine Drive. The premises in question is a corner lot as defined by the Code of the Town of Southold, and is 20,000 square feet in area, 200 feet in length along Brigantine Drive and 100 feet deep along Anchor Lane. The Board agrees with the reasoning of the applicant. The Board finds and determines that the relief requested in relation to the Code requirements is not substantial; that if the relief is granted no substantial detriment to adjoining properties will be created; that no adverse effect is produced on available governmental facilities of any increased population; that no sub- stantial change will be produced in the character of the neighborhood; that the circumstances present in this case are unique; that strict application of the ordinance would produce unnecessary hardship or practical difficulty; and that the interests of justice will be served by the granting of this variance. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Florence A. Evans, 3940 Orchard Street, Orient, NY 11957 be granted a variance to the zoning ordinance, Art. III, Sec. 100-31 for permission to construct dwelling with an insuffi- cient frontyard setback of 35' off Brigantine Drive, as applied for. Location of Property: 2355 Anchor Lane (a/k/a 650 Brigantine Drive), Southold; Harbor Lights Subdivision Map No. 4363, Subdivision Lot No. 24; County Tax Map ID. No. 1000-79-4-35. Vote of the Board: Ayes: Goehringer and Sawicki. Messrs. Grigonis, Doyen, Douglass, AFPROVED Chairman Board of ,~bpeals ~ RECEIVED AND FI'CED BY TKE SOD~H©LD TO%q~ CL~ Town Clerk, Town o~ So~c!~ LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, that the following matters will be held for public hearings by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, January 22, 1981: 7:35 p.m. Application of William C. Mercurio, Nancy J. Rodilosso, and others, c/o Nancy J. Rodilosso, 28 Chestnut Street, Garden City, NY 11530 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels at the east side of Bay Avenue, County Tax James Creek; west by Yanke east by Halligan. 50 p.m. Application ient, NY 11957 for a Mattituck, NY; more particularly designated as Map ID. No. 1000-144-4-4 and bounded northeast by and others; southwest by Bay Avenue; of Florence A. Evans, 3940 orchard Variance to the Zoning Ordinance, Art. Street, III, Sec. 100-31 for permission to construct dwelling with an insufficient frontyard setback off Brigantine Drive. Location of property: 2355 Anchor Lane (a/k/a 650 Brigantine Drive), Southold; Harbor Lights Subdivision Map No. 4363, Subdivision Lot No. 24; County Tax Map ID. No. 1000-079-04-35. 8:00 p.m. Application of Bernice Lettieri, 1430 Arrowhead Lane, Peconic, NY 11958 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 and 100-32 for permission to construct tennis court with an insufficient setback from property lines, occupying more than 40% of rearyard area, and construct sideyard area at 1430 Arrowhead Lane, Peconic, NY; more particu- larly designated as County Tax Map ID. No. 1000-98-02-10 and Legal Notice of Hearings Page 2 of 2 Southold Town Board of Appeals Regular Meeting to be Held January 22, 1981 bounded north by Kappes; west by Kull; south by Abelson; east by Arrowhead Lane. 8:15 p.m. Application of Charles A. Brautigam, 46 Benson Road, Glen Rock, NJ 07452 (by Richard F. Lark, Esq.) for Variances: (a) to amend a previous decision of this Board made on 9/28/78 in Appeal No. 2471 to permit the construction of an accessory building (garage) with rooms, and (b) to review determinations made by the Building Inspector concerning this accessory building~ which includes a garage with rooms; Art. III, Sec. 100-32. Location of property: West Road, Cutchogue, NY; more particularly designated as County Tax Map ID. No. 1000-110-7-6 and bounded north by West Road; west by Lister and G. Fleet Estate; south by Cutchogue Harbor; east by Bicker. Dated: December 29, 1980. BY'ORDER OF THE SOUTHOLD TOWN BOARD OF ZONING APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, the week of 2/8/81 and forward four (4) affidavits of publication to: Mrs. Linda Kowalski, Board of Appeals, Town Hall, Southold, NY 11971. (765-1809). Copies mailed on 1/5/81 to: Mrs. Nancy J. Rodilosso, 28 Chestnut St, Garden City, NY 11530 Ms. Florence A. Evans, 3940 Orchard St., Orient, NY 11957 Mrs. Bernice Lettieri, 1430 Arrowhead Lane, Peconic, NY 11958 Richard F. Lark, Esq. for Mr. Charles A. Brautigam, Cutchogue, NY FO~ NO. 3 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ....... Z. . . ?. . ~ .o. . . . . . .(Z2. .xc.c. ~. ~ ~z ~. . . ~. . . .~ .... ...... ..................... PLEASE TAKE NOTICE that your application dated ...~ID'i~E'_~./"~....~...~.~., 19..~.~ for permit to construct ~t,~1~'./.~.1. I~...~-¢~ .......at the premises located at~.,.~'~'~..~....,.~...~...~.~...,~,,(~.~'¢2t~ ~ Z~..s...~...,~2~:~.~o~.~.., ................... ~L ~-, ,, r,-~ o~ - ~ ~ Mop ~.~,~, .~.....%. ·..~, -. 7...~. ...... Block ....... I~...~.. .............. , ............ Lot ..... ~..~,.~.~. ............................. is returned herewith and disapproved on the followlng grounds ............... ./...'~...~..~....F..d..~...~-.~..../. ..... . .~. .x,z~. ~.~. . . . . . . .,/.,~.~ z~. . . . . . ~ . . .~.~. ~.~. . . . . . .~. .z'~. ~,~ ........ /~ z~. z.¢ ~f . .~. . J?. z ~ ~. . . . . ~,,~ . . . t~. .~. ./~. ~. . ~. zz__.~. . ~ ....... .~. zc~. z~.. .~. . . . . . . Y. .~. . ~. .~. . ....... .~. . .~. . .~. ~. ~. .~. ~. ~--~. . . . : ........................ ..~z~.T...-/27 ......... ~..~..c..z~.a...-...~z ....... ./.~.~.~.....Z-cz, z~.~.~ .................... TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~,~ 7~'/ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~,-,~,~ -~o2/ I, (We) '"'?~o ~ ...;..~ .................... of ...3~40...O~..E~,.r..~n.~.~...~...E.~957 ~a~ ;~ ~ppg~ ~treet and Number Municipality ............................ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....... De~embe=..15.,...19. RD ...... WHEREBY THE BUILDING INSPECTOR DENIED TO ........................ .F..LOP~NC~.. A ~.. P..VANn ............... Name of Applicant for permit of .... ~. ~.4.~...Q~.~h~r.d ..~.t ^ ............... Ozie, u~ ..................... ~ew...¥~rk ................. C~ Street and Number Municipality State ( PERMIT TO USE ) PERMIT FOR OCCUPANCY ( ) 1. LOCAT]ON OF THE PROPERTY 2355 Anchor Lane~ a/,.]?,~.a - .... ............................... ~ ................................... ',~ O'~l ~.. O..L~I .......... 650 Brimstone Dr. Use District on ~o(ning Map -43.62 ....................................... .2.4 .......................... 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 nat quote the Ordinance.) Article III, Section 1 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (h~s 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 ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that we wish to construct dwelling with insufficient setback (front) as shown on attached survey. Form zn! (Continue on other side) REASON FOR APPEAl Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because hardship q'~estion. 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 it is a corner lot 3 The Vcriance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because this is a corner lot, and zoning laws state it ~K has two front yards, thus creating a hardship to place the house on the remaining property. STATE OF NEW YORK ) ) ss COUNTY OFsuffolk ) Sworn to this .............. Z...~..~ ........... day of....DecemJ~ez-. ................................ 19 [II~ABETH ANN NE¥1LLE NOTARY PUIILIO, State of New Yo~k NO, 62.8125850, Suffolk Coup..., T~l'a £xplres March 30, · Florence AS. ig ~:~l~s 8O : 9o~J$ LEGAL NOTICE OF HEARINGS NOTICE 15 HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, that the following matters will be held for public hearings by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, January 22, 1981: 7:35 p.m. Application of William C. Mercurio, Nancy J. Rodilosso, and others, c/o Nancy J. Rodilosso, 28 Chest- nut Street, Garden City, NY 11~30 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels at the east side of Bay Avenue, Mattituck, NY; more particul- arly designated as County Tax Map ID. No. 1000-144-4-4 and bounded northeast by James Creek; west by Yanke and others; southwest by Bay Avenue; east by Halligan. · - 7:50 p.m. Application of Florence A. E~ans, 3940 Orch- ~ard Street, Orient, NY 11957 ~_ tar a variance to the ~onmg · ,Ordinance, Art. HI, Sec. 100- _31 for permission to construct , ,,dwelling with an insufficient .frontyard setback off Brigan- tine Drive. Location o! proper- t? ?-~,fiS Anchor Lane (a/k/~t 650 Brigantine Drive}t South- · ~lap No. 4363t Subdivision Lot No. 24: County Tax Map ID. 8:00 p.m. Application of Bernice Lettieri, 1430 Arrow- alqeo!ldde sql u! ~!suap olqe sl un ~Uqla~p jo uol~lpp~ apnlooad 1! II~qs ~ou '~a!:qs!p alq~o!ldde sql u! pamolle abe o1 saan:~anals aa s~u!pl!nq aq$ apnlaaad ,~aAamoq '1au lleqs qd~:~uaed s!q,L .luotu -puatug s!q; jo o;~p oql ;0 sC 8u?,s!xo /[I ~Sal s)!un 1san8 pu~ ~U!!la~*p :~o :aqtunu ~01;'~ sl!un gu!! at~p ;o ~aqtunu 9L9 0 au!u.leluoD 'Su!uu!Saq jo lu!od aql al loo~l COUNTY OF SUFFOLK STATE OF NEM/ YORK Patricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCH/V~AN, a public newspaper printed crt $outhold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in s~id Long I~land Traveler-Watch- man once each week for ............... ~. ....................... weeks successively, commencing on the Sworn to before me this .....l. ................. cloy or ......... ............. Notar~~ Public LEGAL NOTICE OF HEARINGS ~ NOTICE IS HEREBY GI- VEN, PURSUANTTO Section 267 of the Town Law and the Provisions of the Amended Cede of the Town of Southold, that the following matters will be hold for public hearings by the Seathold ToWn Beard of Appeals at the Town Hall, Main Read, Southold, N.Y., on Thursday, January 22, 1~1: 7:35 p.m. Application of Wil- liam C. Mercurio, Nancy J. Rodilosso, and others, c/o Nancy J. Rodilesso, 25 Chest- nut Street, Garden City, N.Y., 11530 for a Variance to the Zoning Ordinance, Art. III, Sec. 130-31 for approval of insufficient area and width of two proposed parcels at the east side of Bay Avenue, Mattituck, N.Y.; more parti- cularly designated as County Tax Map ID. No. 1000-111 ~. i and bounded northeast by James Creek; west by Yanke and others; southwest by Bay Avenue, east by Halligan. 7:30 u.m. Annlication of Florence A. Evans, 3940 Or-,__ chard Street, Orient, N.Y., ~7,eaJn~ Ordinance, Art. III,'-- ,,~. 1~-~1 f~-~l'm~i~l ~0 ._enn.struct dwelling with-~ ,. ~nsufficinat frontvard setback off Brigantine Drive. Location of property: 2355 Anchor Lane' - (a/g/a 6~ Bngantiue K66ffiSVd~HarlSor Lights Sub- . division Mao No. 4363. Subdiv- -ision Lot No. ~4~ Cn, mty T~:X FIap 8: ~l~.m. Application of Ber- nice Lettieri, 1430 Arrowhead Lane, Peconic, N.Y., 11958 for a Variance to the Zoning Ordinance, Art. III, Sec. 10031 and 100-32 for permission to construct tennis court with an insufficient setback from pro- perry lines, occupying moro than 40 % of rearyard area, and construct sideyard area at 1430 Arrowhead Lane, Pecon- ic, N.Y.; more particularly designated as County Tax Map ID. No. 1300-9~-02-10 and bounded north by Kappes; west by Kull; south by Abel- son; east by Arrowhead Lane. 8:15 p.m. Application of Charles A. Brautigam, 46 Ben- son Road, Glen Rock, N.J. 07452 (by Richard F. Lark, Esq.) for Variances: (a) to amend a previous decision of this Beardmade on 9/28/78 in Appeal No. 2471 to permit the construction of an accessory building(garage) with rooms, to review detecmina- made by the Building COUNTY OF SUFFOLk. ] STATE OF NEW YORK, ~ ss: J David Walker ...................................... being duly Sworn, he says that ........ is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county: and that the notice, of which the annexed is u printed copy, has been published in the said Suffolk Weekly Times once in each week, for . 9n.~. ....................... weeks successively commencing on the .... .8.~.h. .................. day of Janu~ Sworn to before me this .8..~.h. ...... day of . .January. 19 8.], .... i.'...' i.'.'.' ........... H£L£N K D~ NOT~IR¥ PUBL{C Sla~e o! Ne~ No 4/'07~7& S,~!olk Countv Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L,I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGOHIS, JR., CHAIRMAN SERGE DOYEN, JR. 'r~ ROBERTJ. DOUGLA$S GERARD P. GOEHRINGER Joseph H. Sawicki Pursuant to TYPE II ACTION DESIGNATION NOTICE OF NO SIGNIFICANT EFFECT UPON THE ENVIRONMENT Section 617.13 of the New York State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conser- vation Law, and Section 44-4 of the Southold Town Code, the South- old Town Board of Appeals has determined the following-described project is classified as a Type II Action, not having significant adverse effects upon the environment. Pursuant to Section 617.5(a) of the New York State Environmental Quality Review Act, no further determination or procedure is required herein. This declaration should not be considered a determination made for any other depart- ment or agency which may also be involved or any other project not covered by the within application. Applicant has submitted an environmental assessment in the short form which indicates that no adverse effects were likely to occur to the environment. The subject property is not located within 300 feet of tidal wetlands. dwel Ap..p]..i~.ant's Name: FLORENCE A. EVANS. Appeal No. 2771. Description of Project: Insufficient frontyard setback for new ling at 2355 Anchor Lane, Southold, NY. Date and Place of Public Hearing: January 22, 1981 at the Southold Town Hall, Main Road, Southold, New York. Documents on File: Appeal Application, Notice to adjoining prop- erty owners with mail receipts, Surveys or Sketches of the proposed project, Notice of Disapproval from the Building Inspector, Notice of Hearing, Environmental Assessment in the short form, photocopy of the County Tax Map showing this property and the surrounding area, and other documents as may be required. Person to Contact for Additional Information: Linda Kowalski, Secretary to the Board of Appeals, Town Hall, Main Road, Southold, New York 11971. Telephone (516) 765-1809, or 1802 (Building Inspector). Dated: December 29, 1980. By: Linda F. Kowalski, Secretary Copies to: Applicant or his agent. Town Clerk's Bulletin Board. Supervisor, Town of Southold. K JUDITH T. TERRY · TOWN CLERK REGISTRAR OF VITAL STATISTICS ~ELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 December 16, 1980 To: From: Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2771 application of Florence A. Evans for a variance. Also included are notification to adjoining property owners as follows: Mr. & Mrs. Francis J. Dellamano, 2255 Anchor Lane, Southold, N.Y.11971 Mr. & Mrs. Donald W. Ballen, 514 Seventh Avenue, New Hyde Park, N.Y. 11040. Town Clerk JTT/bn Enclosures (Today's Date) To: Southold Town Board of Appeals Re: Main Road Southold, NY 11971 Appeal Application of Location of Property: 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 leas~ 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 ~he 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, ~ SHORT ENVIRONN{ENTAL ASSESSI3ENT FORI3 .~ '.~NST~UCTIONS: ~ ..... ~ · iS ~ ---~) In order to answer the questions zn ~nzs short EAF it ~s 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 ~ill be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. that this (c) IF all questions have been answered No it is likely project is not significant. (d) Environmental Assessment ~. Will project result in o large physical change to the project site or physically alter more than 10 acres of land? ........................ . 2 ~ill there'be o major change to any unique or 3 4 5 7 10. '11. 12. 13. 14. 15. Ye$, No -unusual land form found on Che sit&? ......... Yes, ~,NO %'till project alter or have a large'effect on existing body of water? ............... YDs, ~ NO W ll project hove o potentially on groundwater quality? ....................... Yes. ~No_ Will project significantly effect drainage flow on adjoaen% sites? ~ ..... ~.. Yes endangered plant or ?n mol species? .... No ~'lill project result an o major adverse e on air quality? .............. · ................... Yes' ~. No' %'1ill project hove o major effect on visual character of the community or scenic views or ¥istos known to:be important to the community? Yes ~o ~';ill projec~ adversely impact any site or .. . structure of historic, prehistoric or paleontological importance or any site designated as o critical environmental area Yes X'No by o local agency? ........ ' ................ or future recreational opportunities? ......... Yes. ~No %?ill project result in .major traffic problems o~ cause o major effect to existing transportation systems? ....................... Yes. ~No %?ill project .regularly cause objectionable odors, noise,' glare, vibration~ or electrical disturbance os o result of the project's operotlon? ......... ~ ............................ Yes, ~ No Will project hove any impact on public health or.safety? .................................... , Yes, ~No ~?ill p~oject affect the existing community by directly causing o growth in permanent population of more than 5 percegt over o one year period o~r have o major negative effect on the character of the community or neighborhood? ................................. Yes. ~ No ]s there public controversy concerning the project? ...................................... Yes PREPARER'S SIGNATURE REPRESEIIT]NG 5940 Orchard St. Orient, NY 11957 December 16, 1980 Board of Appeals Town of Southold Main Street Southold, New York 11971 Gentlemen: Re: Appeal No. 2771 In checking over the papers left with the Town Clerk this morn- ing regarding the above appeal, I note that I did not complete one of the questions. On the reverse side'of this page under "Reason for Appeal" will you ~indly insert ~he, following after the typewritten words "hardship question : ~Because this is a corner lot and accord- ing to the zoning laws there must be a 50 foot setback on two fronts, this does not allow us sufficient property to the side of our proposed house to maintain privacy between it and the ad- joining property owners". Yours very tr~y, FLOP~2NCE A. EVANS fae TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. ,,~9~.~ -'~,,~'~7. 1, (We) ....F.to]~e'nee..~;....~.~an~ .................... of ...39.~/0...Or. cb.ar~..S.t,.,...Dr£en.t~...NY...13_9 Nome of Appell~h~ Street and Number Municipality ............................ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ........D..e...c..e.~.e..~....~..5..~...]:,.9..8...0. ..... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ( ) Name of Applicant for permit of .... ............... ..................... ................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY 2355 Anchor Lane, a/k/a .... s'0" ....... _.4.362- ...................................... 2~ .......................... Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III, Section 1 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building inspector or with respect to this property. Such ~ppeot was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that we wish to construct dwelling with insufficient setback (front) as shown on attached survey. ~'orm ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or ~neces- sary HARDSHIP because hardship question. 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 it is a corner ]lot 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because this is a corner lot, and zoning laws state it ~s has two front yards, thus creating a hardship to place the house on the remaining property. STATE OF NEW YORK ) ) ss COUNTY OF Suffolk ) Florence ~Sjg r~ s Sworn to this ................ /..~...~ ............... day of.....Dece.mbez' ................................ 19 80 ELIZABFfH ANN NOTARY PUBLIC, State of New No. 52-8125850, Suffolk Coun.~tYo... Term Fxnires March 30, -! V / / / leo , 8 f2A(c) 2,3A(c) 1.3A(c} I0 SEE SEC NO. 080 ~ 49 55 30.0 A(c) 16.0 A( BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : Florence A. Evaa-is : to the Board of Appeals of the Town of Southold : TO: Mr. and Mrs. Francis J. Dellamano, and Fir. and Mrs. Donald W. Ballen, 514 NOTICE 2255 Anchor Lane, Southold,NY 11971 Seventh Ave,Mew Hyde Pk,NY 11040 YOU ARE HEREBY GIVEN NOTICE: 1. Th,,~'t-i~rt~!ntention of the undersigned to petition the Board of Appeals of the Town of Southold to request a(~Variance))(Special Exception) (Special Permit) (the following relief: insufficient front ~h~m~ ~ in order to per~L%t larqer sideyard setback for sake of ). p ri vacy. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ~ ~,,, ~=~ q~ ~ hv ~r'i~n~ Drive. sou~h bv Anchor Lane and ~"b~~ D~O~---T~o~~ 24 H~rbor Lights, 'South~ld- Suffolk County. 3. That the property which is the subject of such Petition is located in the following zoning district: A .......... · al 4. That by such Petition, the undersigned will request the following relief: To co?_~tr~/c~ ~w~11~g w~h insufficient front setback. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: ......~'-~-~"le III, ]flO-~;1 6. That within five days from the date hereof, a written Petition requesting the relief specified above will he filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may 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 bc 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: Dcc~_m_~er 16. 1980 Petitioner Florence A. Evans Post Office Address 39~.90rch=_rd_ Street ,qr~n~-: N. ¥. 11957 NAME PROOF OF MAILING OF NOTICF ADDRESS Mr. and Mrs. Francis J. Dellamano, 2255 Anchor Lane, Southold, NY 11971 Mr. and Mrs. Donald W. Ballen, 514 Seventh Avenue, New Hyde Pk, NY 11040 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Florence A. Ev~s , residing at 3940 Orchard St., Orient, N. Y. 11957 , being duly sworn, deposes and says that on the ~ day of . ~- Je~' e" ,19 80 , deponent mailed a true copy of the Notice set forth on the re- verse s~c~e~ere~ ~l~"rected to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at .qn,~-.~n] d: N~w York ; that said Notices were mailed to each of said persons by (certified) L~g:~:t~RIL'd) mail. Sworn to b~fore me th~s ? ~ C~ day of /)~ ~ ~rn_~-~'-, 19~]~__ ~ ~ ~ Notary~ublic ' 7 ELI~B~H ~N ~VI~E N~ARY PUBLIC, ~ate of New Y~k No. 52-8~2~50, Suffolk C~ Term EXpires March 30, Zg.~