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HomeMy WebLinkAbout2898 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2898 by application Dated September 17, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. Carl H. King 355 Navy Street Orient, NY 11957 il/24/8i DATE ...................... 1981 Appellant at a meeting of the Zoning Board of Appeals on October 15, 1981 %vas 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 ~]O Request for a variance to the Zoning Ordinance Art. III, Sec. ( ) the appeal 100-32 1. S~;I~[I~I~IXil~.~B~~I~I~X~I~III~N.II~X~K2~cial exception ( ) be ~anied ( ) be deuled pursuant to ~tkle .................... Section .................... Subseaion .................... para~aph .................... nf ~e Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) bi, ~Y~x Public Hearing 10/15/81: Application of Carl H. King, 350 King Street (a/k/a 355 Navy Street), Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in the frontyard area at 350 King Street (a/k/a 355 Navy Street), Orient, NY; bounded north by Navy Street; west by Shaw and Nolan; south by King Street; east by Tyrrell. County Tax Map Parcel Item No. 1000-26-1-27. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or (SEE REVERSE SIDE) (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 district because (would not) (SEE REVERSE SIDE) 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. CG: lk ZONING BOARD OF APPEALS FORM ZBI The Board made the following findings and determination: Appellant has appealed to this Board seeking permission to construct a 10' by 15' storage building in the frontyard area immediately to the south of the existing barn and setback back from the easterly property line of five feet. The lot in question has unique character in that the premises fronts Navy Street at the northerly end and fronts King Street at the southerly end. Existing on the premises are a one-family, two-story frame house, small privy, accessory barn 11 feet from Navy Street, and fences. The Board agrees with the reasoning of appellants. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detr.ment to adjoining proper- ties would be created; that the difficulty cannot be obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facili- ties of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Carl H. King be granted the relief requested in Appeal No. 2898, to construct accessory building in the frontyard area as applied for. Location of Property: 350 King Street (a~k/a 355 Navy Street), Orient, NY; County Tax Map Parcel Item No. 1000-26-1-27. Vote of the Board: Ayes: Messrs: Doyen, Douglass, Goehrin- ger, Sawicki and Grigonis. This resolution was unanimously adopted. APPROVED Chairman I~oard off.~ppeal~ RECEIVED AND FI'LED BY Tile ~OUT~.~.~D TO~'~ T. own Clerk, Tovm of ~uthold LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, October 15, 1981 commencing at 7:15 o'clock p.m. as follows: ~/'~ 7:15 p.m. Application of Carl H. King, 350 King Street,~ ~ Orient, NY for a Variance to the Zoning Ordinance, Article III,/ Section 100-32 for permission to construct accessory building in~ ~ the frontya~d area at 350 King Stre~t, Orient; bounded no~th by~ Navy Street, west by Shaw and Nolan, south by King Street, east~ ~by Tyrriillpi~int~piilciiioiaiieieiii~hNilciiiiii6n-il 2ul i Inc., ~ Box 902, West Road, Cutchogue, NY (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission to construct fence along frontyard area exceeding the maximum height requirements for fences. .Location of Property: 205 West Road, Cutchogue; bounded northwest by Morris; southwest by Cutchogue Harbor; northeast by West Road; southeast by Cutchogue- New Suffolk Park District; County Tax Map Parcel Item No. 1000- 110-7-12. 7:30 p.m. Application of Virginia L. Wickham, 105 Old Harbor Road, New Suffolk, NY for a Variance for approval of access, New York Town Law Section 280A. Location of Property: 105 Old Harbor Road, New Suffolk; bounded north by Wickham; east by Cutchogue Harbor; south by Wickham; west by H. Wickham; County Tax Map Parcel Item No. 1000-117-3-1. 7:40 p.m. Application of Toba Laja Orro, 187 Berry Hill Road, Syosset, NY 11791, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to build new house with insufficient front and rear yard area at 435 Cleaves Point Road (a/k/a 1945 East Gillette Drive), East Marion, NY; Marion Manor Subdivision, Filed Map No. 2038, Lot No. 83; further Legal ~,o'u~ce - Pa~e ~ Regular Meeting for October 15~ 1981 identified as County Tax Map Parcel Item No. 1000-38-4-27. 7:50 p.m. Application of Toba La3a Orro, 187 Berry Hill Road, Syosset, NY for a Variance to the Flood Damage Prevention Law of the Town of Southold, Section 46-18 for permission to construct basement floor below the minimum base flood elevation requirements at 435 Cleaves Point Road, East Marion, NY; Marion Manor Subdivision, Filed Map No. 2038, Lot No. 83; further iden- tified as County Tax Map Parcel Item No. 1000-38-4-27. Rehearing. 7:55 p.m. /Application of Robert T. Ba~ley, 55 West 16th Street, New York, NY 10011 (Robert W. Gillispie III as agent), for a Variance for approval of access, New York Town Law Section 280A. Location of Property: Right-of-Way off the east side of South Harbor Road, Southold, NY; bounded north by Stewart and Freund; west by Paul; south by the bay; east by Ballenger; County Tax Map Parcel Item No. 1000-87-1-21. 8:10 p.m. Application of Nina S. Fischer, Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to existing dwelling with an insufficient sideyard setback at 7130 Indian Neck Lane, Peconic; bounded northwest by Cukor; southwest by Hog Neck Bay; northeast and southeast by Prellwitz. County Tax Map Parcel Item No. 1000-86-7-8. 8:20 p.m. Application of Lenore Adamson, 55 Ships Drive, Southold, NY (by Thomas F. Day, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area for division of premises located at North Bayview Road and Ships Drive, Southold, NY; bounded north by North Bayview Road; west by Ships Drive; south by Mullen; east by Reese. County Tax Map Parcel Item No. 1000-79-3-9 & 10. 8:35 p.m. Application of Joseph L. Lizewski, Main Road, Cutchogue, NY (by William H. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permis- sion to construct professional office building in an A-Residential Legal Notice - Pag~ '~Regular Meeting foi~'October 15, 1981 'Southold Town Board of Appeals and Agricultural Zone with existing dwelling use at 29325 Main Road (a/k/a 320 Depot Lane), Cutchogue; bounded northwest by Fogarty; southwest by Depot Lane; northeast by Dunne; southeast by Main Road. County Tax Map Parcels No. 1000-102-2-12.1 and 11. 8:50 p.m. Application of Dominick and Rose DeMaio, by William J. Jacobs as agent, c/o Box 199B, Depot Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient front and rear yard areas at Cedar Point Drive West, Southold, NY; bounded north by Cedar Point West; west by Giordano; south by West Lake; east by Soverel; County Tax Map Parcel No. 1000- 90-1-4. 9:00 p.m. Application of Nicholas D. Yuelys, 56005 County Road 48, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building (garage) in the frontyard area at 56005 County Road 48, Greenport, NY; bounded north by L.I. Sound; west by Chudan; south by C.R. 48; east by Atway. County Tax Map Parcel Item No. 1000- 44-1-19. 9:15 p.m. Application of Victor L'Eplattenier, Box 361, Peconic, NY (by Rudolph H. Bruer, Esq.) for Variances: (1) for approval of access, New York Town Law Section 280-a and (2) to the Zoning Ordinance, Article III, Section 100-31 for permis- sion to build new dwelling with insufficient front and rear yard setbacks at Lake View Avenue and Dickinson Street, Peconic, NY; bounded by Dickinson Street; west by Lake View Ave.; south by Garrido; east by Garrido; further identified as Subdivision Lots No. 57 and 58, Peconic Shores Subdivision Filed Map 654. County Tax Map Parcel Item No. 1000-67-3-12. 9:25 p.m. Application of Alan A. Cardinale, Bridge Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100-70 and 100-71, Article VI, Section 100-62, tc construct drive-in roof addition and alteration with an insuffi- cient frontyard and further reduction of landscaped area, for Regular Meeting for October 15, 1981 Southold Town Board of Appeals bank use. Location of Property: North side of Main Road, Matti- tuck, NY; bounded west by Factory (Railroad) Avenue; south by Main Road; north and east by Bethany Cemetery Association. County Tax Map Parcel Item No. 1000-142-1-26. 9:30 p.m. Application of Warren E. Hufe, Jr. and Ellen Huff, Wells Avenue, Southold, NY (by Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to utilize B-1 General Business Zoned premises for manufacturing at 45655 C.R. 48 and Youngs Avenue, Southold, NY; bounded north by Harris and Dickerson; west by Youngs Ave.; south by C.R. 48; east by Edson. County Tax Map Parcel Item No. 1000-55-2-16. 9:35 p.m. Application of Warren E. Hufe (for Future Screw, Inc.), North Road, Special Exception to the Zoning Ordinance, Hufe, Jr. and Ellen Southold, NY for a Article VIII, Section 100-80(B) for permission to utilize the subject premises for Light Industrial Use. Location of Property: 45655 County Road 48 (a/k/a 3750 Youngs Avenue), Southold, NY; bounded north by Harris and Dickerson; west by Youngs Ave.; south by C.R. 48; east by Edson. County Tax Map Parcel Item No. 1000- 55-2-16. 9:35 p.m. Application of Warren E. Hufe, Jr. and Ellen Hufe (for Future Screw, Inc.), North Road, Southold, NY for a Special Exception to the Zoning Ordinance, Article XI, Section 100-118D to use existing two-story house for dwelling use in a B-1 General Business Zone. Location of Property: 45655 County Road 48 (a/k/a 3750 Youngs Avenue), Southold, NY; bounded north by Harris and Dickerson; west by Youngs Ave.; south by C.R. 48; east by Edson. County Tax Map Parcel Item No. 1000-55-2-16. 9:50 p.m. Application of Peter and Pat Lenz, Main Road, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35A for permission to construct gate and fence exceeding maximum height limitations at 38350 Main Road, Peconic; b~unded northwest by L.I.R.R.; southwest by Otto Keil Florists; Legal Notice - Page 5 Regular Meeting for October 15, Southold Town Board of Appeals 1981 northeast by Cichanowicz; southeast by S.R. 25. County Tax Map Parcel Item No. 1000-85-2-17. 9:55 p.m. Application of Stanley J. Fliss, Jr. for Mattituck Air Base, 840 Bray Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permis- sion to construct addition to office building with an insufficient frontyard at 410 Airway Drive, Mattituck; bounded north by Bagshaw, Wickham; west by Peconic Corp.; south by Park Ave.; east by Wickham, Parkin, Tandy, Kujawski. County Tax Map Parcel Item No. 1000-123-1-2. 10:05 p.m. Application of Katherine E~ert for Mattituck Holding Corp., Mattituck, NY (by Norman A. Reilly as agent), for a Variance for approval of access, New York Town Law Section 280A. Location of Property: Right-of-Way off West Mill Road, Mattituck, NY; bounded north by Mill Road and Killian; west by Leogrande and Cox Neck Road; south by Chudiak, McGunnigle, Zeigler, DeMaula and North Drive; east by Mattituck Creek; and near Boscola. County Tax Map Parcel Item No. 1000-106-6-part of 13.3. 10:25 p.m. Recessed hearing of Matthew McKiernan. Dated: October 2, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish once, to wit, Thursday, October 8, 1981 and forward affidavits of publication to L. Kowalski, Secretary, Board of Appeals, Town Hall, Main'Road, Southold, NY 11971. On 10/6/81, Legal Notices mailed to each applicant or his agent listed as follows: Mr. Carl H. King (c/o Judy) Richard F. Lark, Esq. as attorney for Pequash Recreation Club Pequash Recreation Club Virginia L. Wickham Toba Laja Orro Robert T. Bayley and Robert W. Gillispie III, North Fork Agency Nina S. Fischer Lenore Adamson and Thomas F. Daly, Esq. Joseph L. Lizewski William H. Price, Jr. as attorney for Lizewski Dominick and Rose DeMaio and William J. Jacobs as agent Nicholas D. Yuelys Rudolph H. Bruer, Esq. as attorney for L'Eplattenier Victor L'Eplattenier Alan A. Cardinale Rudolph H. Bruer, Esq. as attorney for Future Screw, Inc. (Hufe) Mr. and Mrs. Warren E. Hufe, Jr. Mr. and Mrs. Peter Lenz Mr. Stanley J. Fliss, Jr. for Mattituck Air Base Katherine Ebert for Mattituck HOlding Corp. Mr. Norman A. Reilly as agent for Mattituck Holding Corp. Mr. Matthew McKiernan Copies of the Legal Notice were forwarded to Suffolk Times and L.I. Traveler on 10/5/81. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · ~'~.~7~ ...... /~'7 ~ PLEASE TAKE NOTICE that your application dated ~~:. ~ .......... l~.. for pe~it to construct.. ~~ ~ .~ .... ~~ ................... at Location of Property .. ~..~ ~ ~...~. .. ~[.~ .... House No. / ' ' ~ ....... Hamlet County Tax Map No. 1000 Section . .~.~. ~ ..... mock .. ~( ........Lot . ~.~ ...... ~' Fil d M p N Lot No Subdivision ................. e a o ................................... is returned herewith and disapproved on the following grounds .~.~.~1~/~-~.. ~. . .~. . ~~. .~ ~ ~ ~ .... ~ ~ ~-. .. ~.,.. ~~. ~ ~ ~ ~,~ / ..../ .... ~ .'~. . . ~' .... ~ ~ .... ........... ...................... ...... RV 1/$0 Examined ................ , 19... FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL,: 765-1303 Approved ................ , 19... Permit No ............ Disapproved a/c ....... '. ............................. Application No ................ (Building Inspector) APPLICATION FOR BUILDING PERMIT D- 'August 28, 1981 ate ................... 19. INSTRUCTIONS a. This application must be completely filled in 'by typewriter or in ink and submitted in triplicate to the Buildi Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Pier plan showing location of lot and of buildings on premises, relationship to adjoining premises or public stre~ or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this apt: cation. ~ c. The work covered by this application may not be co:nmenced before issuance of Building Pem~it. d. Upon apprc.'al of this application, the Building Inspector will issue a Building Permit to the applicant· Such pern shall be kept ou the premises available for inspection tl'.rougbout the work. e. No building shall be occupied or used in whole or in part for any pnrpose whatever until a Certificate of Occupan shall have been granted by the Building Inspector. APPLICATION IS HEREBY lVlADE to the Building Department for the issuance of a Building Permit pursuant to t Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein describe The applicant agrees to comply with all applicable laws, ordinances, building code, honsing code, and regulations, and admit authorized inspectors on premises and in buildings for necessary inspections. , (Signature of applicant, or n/me, if a corporation) · .3.5. O..K3. ..(Mailing address o£ appiicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or build, Owner i, Name of owner of premises . Octr 1' H'.' 'King' .ond' ..&no ~ .............................................. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer· (Name and title of corporate officer) License No....,.q-~e..f~..~ ................ Builder's Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... Location of land on wjlJch proposed work will be done. '3~5. No.v.y..$~r.e. et ~. O.r. ien.t.,..N ,Y.,..1175.7. ..... House Number Street Hamlet County Tax Map No. 1000 Section . .. 2./, ............ Block ... 1. .............. Lot ..... 2.7. .......... S~.~bdivision ..................................... Filed Map No ............... Lot .............. a. Existing use and occupancy ................................................................... b I d d Storoge Building · · nten e use and occupancy ..................... . ........................................... 5. Nature of work (check which applichble): New Building ....X ...... Addi~ .......... Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work ............... (Description) Estimated Cost ..... .$800 ............................ Fee ...... 10...QO .............. ,- ........... (to be paid on filing this application) ;. If dwelIing, number of dwelling units ............... Number o f dwelling units on each floor ................ If garage, number of cars ........................................................................ ;. If business, commercial or mixed occupancy, specify ~ature and extent of each type of use . $ ~.o.r.o~e ............ t. Dimensions of existing structures, if any: Front ..... .' ......... Rear .............. Depth ............... I/eight ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Itei~t ............. ~ ........ Number of Stories ......... 15 ~ .......... ~. Dimensions of entire new construction: Front ....... .1..0. .....Rear ............... Depth ............... Height 7. ~.. ~X'(,~)~× ..... Number of Stories . .. ,1. ..................................... ~ .............. ~. Sizeoflot: Front ...................... Rear ............... · ....... Depth ...................... ). Date6fPurchase .......................... ; . . Name of Former Owner ...: ......................... I. Zone or use distr/ct in which premises are situated ..................................................... ~. Does proposed construction violate any zoning law, ordinance or regulation: ........ 2 ....................... t. Will lot be regraded ............................ Will excess fill be removed from premises: Yea No L Name of Owner of premises . .Car&..H. · K-Lngt. & ~ll~ess '350' 'l~ing;'s't'; .... Phone No. 32.3~2.4~,5 ...... Name of Architect ........................... Address 'Or iert'c: · N...Y' ..... Phone No ................ Name of Contractor .......................... Address ................... Phone No ................ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. iudicate all set-back dknensions from ropcrty hnes. Give street and block nun:bar or description according to deed, and show street names and indicate whether tenor or corner lot. TATE OF NEW.2~ORK OUNCe.. S.S . being dttly (Name of individ'hal signing contract) > o,,'e named. sworn, deposes and says that he is the applicant e is the (Contractor, agent, corporate officer, etc.) f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this >plication; that all statements contained in this application are true to the best of his knowledge and belief; and that the ork will be performed in the mauner set forth in the application filed U~erewith. worn to before hie this · ' TOWN OF $OUTHOLD, NEW YORK APPEALFROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. DATE ......9/.~:'./. ~1 ....... 1, (We) ....... Cmnl...~....King .............................. of ....... .~50... [cizzg ...~.~;~'e~ ................................ Name of Appellant Street and Number Orient Municipality · ~Y...1.1.9.-~ ....... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... .c)~.l.,~/.~l ............................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of ....... ~.O...~%~..~ ....................... Orien~ ......................... ~Y...119.5.7. ............ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to construct accessory shed. 1. LOCATION OF THE PROPERTY .......... ~5.5..Na.~y...S.~.,...O~ie~ ............................................ Street Use District on Zoning Map lOOQ ~..q,.~iO.~, .026 ~l.o. ck al D27. 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 ITT g~n. lC~O - ~P 3. TYPE OF APPEAL Appeal is mode 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 Chop, 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 ~ppeal 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 property fronts on two town roads~ thereby creating two front yards. King St; and Navy St. Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Due to property hav~ng no rear yard, it is impossible for me to construct a small prefab storage shed off of Navy Street to place mowers, gardening tools, bicycles, and a small sail boat along with other household goods out of the weather. 2, The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because This property is one of the only street to street pieces of land in the block and has always used Navy St. as it entrance and rear yard. There is already a small farm and ~arage in the North East corner fronting Navy St. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because It will not change the character of this neighborhood because adjoining properties have garages and accessory buildings in their rear yards or off of Navy St. also this property has some excessory structures presently on it. STATE OF NEW YORK ) COUNTY OF ) ./ 7 Sworn to this .......................................... d~y of ................... N/~NCY R. DOU~ N~ARY PUBMC. Stu:e of New Resldin9 in S.:~.lk Coun~ Clks. ~o. 52-6086885 Southold Town Board o£ Appeals MAIN ROAD- BTATE RC3AD 25 SI:3UTHC~LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHR[NGER JOSEPH H. SAWICKI November 30,1981 Mr. Carl H. King 355 Navy Street Orient, NY 11957 Dear Sir: Attached herewith is a copy of the formal findings and determination of the Board of Appeals recently rendered con- cerning your appeal application. In the event your variance request was allowed, please be sure to return to the Building Department for approval of your Building Permit application or Certificate of Occupancy (as may be applicable) prior to any developments. 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, CHARLES GRIGONIS, JR. CHAIRMAN lk Enclosure - ~/ Secretary TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2898 by application Dated September 17, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWNOF SOUTNOLD To Mr. Carl H. King 355 Navy Street Orient, NY 11957 11/24/81 DATE ....................... 1981 Appellant at a meeting of the Zoning Board of Appeals on October 15, 1981 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 ~ Request for a variance to the Zoning Ordinance Art. I II, Sec. ( ) the appeal 100-32 1. S~X~X(~X,~X~~~X~X4K~[~I~R~X~cial exception ( ) be granfed ( ) be de~ed pursuant to ~ticle .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and ~e decision of the Building Inspector ( ) be reversed ( ) by asF~~x Public Hearing 10/15/81: Application of Carl H. King, 350 King Street (a/k/a 355 Navy Street), Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in the frontyard area at 350 King Street (a/k/a 355 Navy Street), Orient, NY; bounded north by Navy Street; west by Shaw and Nolan; south by King Street; east by Tyrrell. County Tax Map Parcel Item No. 1000-26-1-27. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical, difficulties or unnecessary (SEE REVERSE SIDE) (b) The hardship created (is) (i~ 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 (v, ,uld) change the character of the district because (would not) (SEE REVERSE SIDE) 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. CG:lk FORM ZB4 ZONING BOARD OF APPEALS The Board made the following findings and determination: Appellant has appealed to this Board seeking permission to construct a 10' by 15' storage building in the frontyard area immediately to the south of the existing barn and setback back from the easterly property line of five feet. The lot in question has unique character in that the premises fronts Navy Street at the northerly end and fronts King Street at the southerly end. Existing on the premises are a one-family, two-story frame house, small privy, accessory barn 11 feet from Navy Street, and fences. The Board agrees with the reasoning of appellants. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining proper- ties would be created; that the difficulty cannot be obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facili- ties of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Carl H. King be granted the relief requested in Appeal No. 2898, to construct accessory building in the frontyard area as applied for. Location of Property: 350 King Street (a~k/a 355 Navy Street), Orient, NY; County Tax Map Parcel Item No. 1000-26-1-27. Vote of the Board: Ayes: Messrs: Doyen, Douglass, Goehrin- ger, Sawicki and Grigonis. This resolution was unanimously adopted. APPROVED Chairma~ Board of~ppeal~' RECEIVED AND FI!nED BY T~iE SOUTLjLD TOL~ Town Clerk, Town o~ ~uthold Today' s Date: _ · I~Jembers Absent, if any: Appeal NO. .~y ?00 Agenda Item/~Iatter of: __._~.~,/ /{. /¥~'r~ ' ' T~e of Variance or Appeal: GCharles er e r~9oms ~o~n Robert ~ Gerard ~oseDh. Dougrass uoearlnger ~aw~cK~ Resolution made by: (m) ( ) ( ) ( ) ( ) Se~o.dedbz: ( ) ( ) ( ) ( ) ( Action: ( X ) Approve as applied for ( ) Deny as applied for ( ) Deny ( ) Deny without prejudice ( ) Withdrawn without Prejudice ( ) Approve with the followin9 conditions: ) .Subject to County Planninq referral ) Subject to Plannin9 Board approval ) Subject to D.E.C. requlations ( ) Other: Findings of the Board are as follows: Other: ( ) Not Within the Character of the Neighborhood ( ) Granting the Relief Requested is within ( ) ( ) ( ) (, ) ( ) ( ) ( ) ( ) Vote Variance is Substantial in Relation to Code Not in _ha_xm..o. ny _with purposes of the Code Hardship not suflicient Circumstances are Nbt Unique Will set a precedent in the neighborhood Area is already very congested Interests of justice served by denying of the Board: Ayes: (~) CG (~) SD (W) Nay: ( ) ( ) ( Abstain: ( ) ( ) ( Absent: ( ) .( ) ( Notes: spirit of the zonin9 code Relief is not substantial Burden of hardship or difficulty shows Circumstances are unique Variance will not change character of the neighborhood Interests o£ Justice served By grantin9 Other; for Special Exceptions RD ()~ GG (.".) SS () () () () () () ~,~.-:~.- ~ L~,..,.~.t,l',,,..,,ll'....c, ~: ' .............. - ' ~ ° · Road Peconic '{~,~ ~ · ~.%~ : a Variance to the ~oning-. , · ..... ,. -N~TICE IS HEREBY GIV- · ~.._ - ~ ............. ; ance, Article ~'tlon 100- , EN, pursuant to Section 267 of - - ....... 35A for permtssion to cea- ;? the Town Law and the Provi- strucl protesstonai- omce : sions of the Amended Code of building in an A.Residential struct gate and fence exceed- and Agricultural Zone with lng maximum height limlia- the Town of Southold, a regular meeting and the fol- lowing Public Hearings will be held by the Southold Town. Board of Appeals at the Southold Tow Hall, Main Road, Southold, N.Y. on Thursday, October 15, 1981 commencing at 7:15 o'clock existing dwelling use at 29325 Main Road (a/k/a 320 Depot Lane), Cutchogue; bounded northwest by Fogarty; south- west by Depot Lane; northeast by Dunne; southeast by Main Road, County Tax Map Parcels Nc. 1000.102-2-12.1 and 11. 8:50 p.m. Application of P.M. as follows: 7-5 m A ilcation of Dominick and Rose DeMalo, ~ :{ p. . ~,A~p,~.~ - . by William J Jacobs as agent, t.arl H KinR, .~v ri. ing :$treet, ' · -- - '~ c/o Box 199B, Depot Lane, Orient~ N.Y. tora variance to = ~rh acc~S · ~ ~= Article IH, Section to~-,+l mr ......... buuamg m the irontyar , . .... e ' dwelling with insufficient front at 3~0 King street, on nt; and rear yard areas at Cedar oounueu norm o)' .~av~ ~trcct; west-by Shaw and Nolan; south by King ~treet; east oy '.:l:yrrell; County ]'ax Parcel · tte,,__m ~o. 7:20 p.m. Application of Pequash Recreation Club, Inc., Box 902, West Road, Cutchogue, N.Y. (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article ~I, Section 100-35 for pennis- sion to construct fence along frontyard area exceeding the maximum height require- taunts for fences. Location of Property: 205 West Road, Cutchogue; bounded north- west by Morris; southwest by Cutchogue Harbor; northeast by West Road; southest by Cutchogue-New Suffolk Park District; County Tax Map Parcel Item No. 1000-110-7-12. 7:30 P.m. Application of Virginia L. Wickhem, 105 Old Harbor Road, New Suffolk, N.Y. for a Variance for ap- pmval of access, New York Town Law Section 280A. Loca- tion of Property: 105 Old Harbor Road, New Suffolk; bounded north by Wickham; east by Cutchogue Harbor; south by Wickham; west by H. Wickham; County Tax Map Parcel Item No. 1000-117-3-1. 7:40 p.m. Application of Tuba Laja Orr°, 187 Berry Hill. Road, Syosset, N.Y. 11791, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to build new house with insufficient front and rear yard area at 435 Cleaves Point Road (a/k/a 1945 East Gillette Drive), East Marion, N.Y.; Marion Manor Subdivision, Filed Map No. 2038, Lot. No. 83; further identified as County Tax Map Parcel Item No. 1000-38-4-27. 7:50 p.m~ Application of Tuba Laja On'o, 187 Berry Hill ~ Road, Syosset, N.Y., for u Variance ~o the Flood Damage Prevention Law of the town of Sunthold, Section 46-18 for permission to construct base- ment floor below the minimum base flood elevation require- 'meats at 435 Cleaves Point Road, East Marion, N.Y.; Marion Manor Subdivision; Filed Map No. 2038, Lot No. 83; further identified as Coun- ty Tax Map Parcel Item No. 1000-38-4-27. : 7:55 p.m. Rehearing, Ap- plication of Robert T, Bayley, 55 West 16th Street New Point Drive West, Southold, N.Y.; bounded north by Cedar Point West; west b'y Giordano; south by West Lake; east by Soverel; County T~fx Map Parcel No. 1000-90-1-4. 9:00 p.m. Application of Nicholas D. Yuelys, 56005 County Road 48, Greenport, N.Y. for a Variance to the Zoning Ordinance, Article II1, Section 100-32 for permission to construct accessory building (garage) in the frontyard area st 56005 County Road 48, Greanport, N.Y.; bounded north by L.I. Sound; west by Chudan; south by C.R. 48; east by Atway. County Tax Map Parcel Item No. 1000-44- 1-19. 9:15 p.m. Application of Victor L'Eplattanier, Box 361, Peconic, N.Y. (by Rudolph H. Bruer, Esq.) for Variances: (1) for approval of access, New York Town Law Section 280-a and (2) to the Zoning Ordin- ance, Article III, Section 100- 31 for permission to build new dwelling with insufficient front and rear yard setbacks at Lake View Avenue and Dickinson Street, Pecouic, N.Y.; bound- ed by Dickinson Street; west by Lake View Avenue; south by Garrido; east by Garrido; · further identified as Subdivi- sion Lots No. 57 and 58, peCOnic Shores Subdivision Filed Map 654. County Tax Map Parcel Item No. 1000-67- 3.12. 9:25 p.m. Application of Alan A. Cardinale, Bridge Lane, Cutchogue, N.Y. for a Variance to the Zoning Or- dinance, Article VII, Sections 100-70 and 100-71, Article VI, Section 100-62, to construct drive-in roof uddition and alteration with an insufficient fruntyard and further reduc- ton of landsokped areu, for bank use. Location of Proper- ty: North side of Main Road, Mattituck, N.Y.; bounded west by Factory (Railroad) Avenue;) south by Main Road; north and east by Bethany Cemetery Association. County Tax Map Parcel Item No. 1000-142-1-26. 9:30 p.m. Application of Warren E. Hufe, Jr. and Ellen Hufe, Wells Avenue. South- old, N.Y. (by Rudolph H. Bruar, Esq.) for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for pennis- tions at 38350 Main Road, Peconic; bounded northwest by L.1.R.R.; southwest by Otto Keil Florists; northeast by Cichanowtcz; southeast by S.R. 25. County Tax Map Parcel Item No. 1000-85-2-17. 9:55 p.m. Application of Stanley J. Fliss, Ir., for Mattituck Air Base, 840 Bray Avenue, Mattituck, N.Y. for a Variance to the Zoning Ordin- ance. Article rill, Section 100-80 for permission to con- struct addition to office build-~., in~ with an InsUfficten~ f~-o~tt ' yard at 410 Airway Drive, Mattituck; bounded north by Bagshaw, Wickham; west by Peconic Corp.; south by Park Avenue; east by Wickham, Parkin, Tundy, Kujawski. r County Tax Map Parcel hem No. 1000-123-1-2. 10:0S p.m. Application of Katherine Ebert for Mattituck Holding Corp., Mattituck, N.Y. (by Norman A. Reilly as [ agent), for a Variance for s approval of access, New York Town Law Section 280A. Loca- I tion of Property: Right-of- Way off West Mill Road, Mattituck, N.Y.; bounded north by Mill Road and [, Killlan; west by Loogrande and~Cox Neck Road; south by Chudiak, McGunnigle, Zeiglar ) :pole( DeManla and North Drive; east by Mattituck Creek; and Al to near Boscoin. County Tax Map Parcel Item No. 1000-106-6- part of 13.3." 10:25 ~.m. Recessed hear- COUNTY OF SUFFOLJJ~j STATE OF NEW YORK ss: Patricia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o public newspaper printed at Southold, in, Suffolk County; and that the noti~e'of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............... .~,.i ................... weeks successively, commencing on the ...... ~ .......................... doy~S'r'~.=....~ ........................... ~).~.. ~ Sv/prn t°..~before me this · ..................... ............ ................. Notary Public ~/ EDITH A. GUY NOTA~'y PUBLIC, Stale of Nee/ Commls~;on {:xpires March 30, Legals LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following Public Hearings will be held by the Southeld Town Board of Appeals at the South- old Town Hall, Main Road, Southold, NY on Thursday, October 15, 1981 commencing at 7:15 o'clock p.m. ns follows: 7:15 n m Annlication £arl H. King. 350 King Street,_ -Orient. NY for a Variance to ~h~ Znnin~ Ordinance. Article- HI, Section 100-32 for permi_,~- ~ion to construct accessor~ dm~ildin~ in the frontvard ar~ hmmded north bY NavyStreet3~ aatest by Shaw and Nola~l~ ~'yrrelI: Cou.q{y Tax Map Par- · · · PP ' of Inc., Box 902, West Road, Cut- chogue, NY (by Richard Lark, Esq.) for a Variance to the Zoning Ordinance, Article HI, Section 100-35 for permis- fron!yard area exceeding the maximum height require- ments for fences· Location of Property: 205 West Road, Cut- chogue; bounded northwest by Morris; southwest by Cut- chogue Harbor: northeast by West Road; southeast by Cut- chogue-New Suffolk Park Dis- trict; County Tax Map Parcel 7:30 p.m. Appheation of Virginia L. Wickham, 105 Old Harbor Road, New Suffolk, NY for a Variance for ap- proval of access, New York Town Law Section 280A. Loca- tion of Property: 105 Old Harbor Road, New Suffolk; bounded north by Wickham; east by Cutchogue Harbor; south by Wickham; west by H. Wickham; County Tax Map Parcel Item No. 1000-117-3-1. 7:40 p.m. Application of Toba Laja Orro. 187 Berry Hill Road, Syesset, NY 11791, for a Variance to the Zoning Ordi- nance, Article III, Section 100- 31 for permission to bui d new house w th insufficient front and rear yard area at 435 leaves Point Road (a/k/a 45 East Gillette Drive), East arion, NY; Marion Manor Subdivision, Filed Map No. 2038, Lot No. 83; further idea- tiffed as County Tax Map Parcel Item No. 1000-38-4-27. 7:50 p.m. Application of Toba Laja Otto, 187 Berry Hil] Road, Syesset, NY for a Var- mace tv the Flood Damage Prevention Law of the Town of Southold, Section 46-18 for per: mission to construct basement floor below the minimum base flood elevation requirements at 435 Cleaves Point Road, East Marion, NY; Marion Manor Subdivision, Filed Map No. 2038, Lot No. 83; further identified as County Tax Map Parcel Item No. 1000-38-4-27. 7:55 p.m. Rehearing. Appli- · cation of Robert T. Bayley, 55 West 16th Street, New York, NY 10011 (Robert W. Gillispie III as agent), for a Variance for approval of access, New York Town Law Section 280A. Location of Property: Right- of-Way off the east side of South Harbor Road, Southold, NY; bounded north by Stewart ' and Freund; west by Pauli south by the bay; east by Ballenger; County Tax Map Parcel Item No. 1000-87-1-21. 8:10 p.m. Application of Nina S. Fischer, Indian Neck Lane, Peconie, NY for a Var- iance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addi- tion to existing dwelling with an insufficient sideyard set- back at 7130 Indian Neck Lane, Peconic; bounded north- west by Cukor; southwest by Hog Neck Bay; northeast and southeast by Prellwitz. County Tax Map Parcel Item No. 1000-86-7-8. 8:20 p.m. Application of ~ Lenore Adamson, 55 Ships Drive, Southeld, NY (by Thomas F. Day, Esq.) for a Variance to the Zoning Ordi- nance, Article III, Section 100- 31 for approval of insufficient area for division of premises located at North Bayview Road and Ships Drive, South- old, NY; bounded north by North Bayview Road; west by Ships Drive; south by Mullen; east by Reese. County Tax Map Parcel Item No. 1000-79- 655 Coun~ill~Road 48 3750 You~lgvenue), id, NY; bob~l'l'ded north tis and Dickerson; west ngs Ave.; south by c.g. t by Edson. County Tax arcel Item No. 1000-55- p.m. Apphcation of and Pat Lenz, Main Peconic, NY for a Var- a the Zoning Ordinance, Ill, Section 100-35A for ~sion to construct gate ence exceeding max- height ]imitations at Main Road, Peconic; ] e d northwest by :L; southwest by Otto ~lecists; northeast by ~owicz; southeast by 5. County Tax Map Item No. 1000-85-2-17. p.m. Application of y J. Fliss, Jr. for Matti- ir Base, 840 Bray Ave- VIattituck, NY for a ~ce to the Zoning Ordi- Article VIII, Section for permission to con- addition to office build- th an insufficient front- at 410 Airway Drive, ack; bounded north by aw, Wiekham; west by ~c Corp.; south by Park ~ast by Wickham, Park- ndy, Kujawski. County /lap Parcel Item No. :3-1-2. ~ p.m. Application of tine Ebert for Mattituck ,g Corp., Mattituck, NY inrman A. ReiUy as , for a Variance for ;al of access, New York Law Section 280A. Loca- ~f Property: Right-of- ff West Mill Road, Mat- NY; bounded north by oad and Killian; west by ~nde and Cox Neck south by Chudiak, Mc- gle, Zeigler, DeMaula ~orth Drive; east by uck Creek; and near ia. County Tax Map Par- .m No. 1000-106-6-part of 5 p.m. Recessed hearing tthew McKiernan. : October 2, 1981. BY ORDER OF [~RE SOUTHOLD TOWN BOARD OF APPEALS ~787 :uly Sworn, SUFFOLK ~ort, in said is a printed ~,ekly Times .... weeks $outhold Town Board o£Appeals MAIN ROAD--~TATE ROAD 25 BOUTHOLD, L.I.. N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TU.P, 7, ',' TUT: :::-I ROBERT J. DOUGLASS GERARD P. GOEHRINGER NOTICE OF DECLARATION ?,URSUm T ENVIRONMENTAL QUALITY REVIEW ACT - ppeal.No. 2898 ApPlic~tion~of: Carl H. Kin9 ~'°cation'°f~Pr0perty in Ques~o~: 355 Navy Street, Orient, NY County Tax Map ~tem No. 1000- 26-1-27 Project Proposed by Appeal Application: frontyard area. Accessory structure in ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed herein is hereby classified as a Type II Action not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. This declaration should not be considered a determination made for any other agency which may also be involved nor for any other project not covered by the subject appeal application. Dated: October 2, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS StlORT EIqV]RO~I!,If']I,~TAL ASSE$S!.fl_--i,II !IIST[!UCT IOtIS_: ~ (6) in order to answer' the qoestions in this short EAF i% is assumed {~a~ ~e p~opore~ ~.till uso. current1V available in[ormo~ion concerning project and the likely impacts of ~he action. I~ is not expected ~hat additional 5iodic~, research or o%her invest%got%ems will be undertaken. (b) If any question has been answered Yes the project may be ~ignificon% odd o completed Emvlronmentol A5~essmemi Form is necessary. (c) If oll quem[iom5 hove been oaswered No it is likely 1ho% {his project is mot sign%f %cost. (d) Environmental ' ~. ~ projcc'l result in o large physical change ia ibc projecL site' or physicolly alter more th~m 10 acres of land? Yes~ No 2. %'/ill there be ~ major change ~o any unique or .unusual in,nd fo~m found on the site? .......... Yes.~, 3. %'/ill project c~licr or here a large effect on existing body of wa[er? ...................... .. YFs. 4. ?/ill project have a potentially large impact on ground~.ioier quality? ....................... Yes ~ No 5. %'~ill project significantly effect drainage flow on adjacent sites? ........................ Yes. 6. ¥,'ill projecf affect any lhreatened or endangered plant or animal species? ............ Yes~.. No 7. ¥/ill prefect result in a meier adverse on air quality? Yes~No 8. ~'lill project hc~ve a major effect on visual character of the communi't¥ or scenic viev~s or vi..t¢., known to: . , ~ ~ be: import(mt to the community? Yes ~. %'1ill project adversely impact any site or .. ~ s~ruc~ure of historic, prehistoric or paleontological importance or any si~e dusigr, a[ed os o critic(~l environmental orca by o local agency? ............ -.~...:.~-.:'....:"~..~- Yesx No 10. ¥~ill project have a major elf oct on exist%ho or future recreational opportuniilqs? ......... Yes~ No 11. %'/il! project result iii .major traffic problems eL cauoe o major cf feel to exlsiing tronsportotlon systems? Yes~ No 12. %'fill project .regularly cause objeclioneble odozs, noise, glare, vibration, or electrical disturbc~nce os a result of the project's ' ' ~ Y ~N opezot~or~ ......... '. ....................... . . . . es o 13. %'~ill project have any in, pact on public health ~ '[y? Yes ~ No 14. %'/ill pPoject affect the exlsling community by directly causing o gro',.zlh in permanent population of more than 5 pcrccnl over o one year period or have o major negative effect on ~he character o~ the communily or neighborhood? Yes~ No 15. 15 [here public con[rovorsy concerning the project? ...................................... Yos~ No REPRESENTING DATE /7 If'f! s Date) To: Sout.hold Town Board of Appeals :.lain Road $outho!d, NY 11971 Re: Appeal Application of Lccation of PrOperty: ? ~ ~Z~w 3~[~ ~,- Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, G ;.:YCRR, 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) [ ] :4ay be located within 300 feet of tidal wetlands; ho%.;ever, 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.] Sincarely yours, (Signature please) ~ TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. DATE ......... ...Carl..H...King ................................. of .. 3~0../{ing...S.tr~ ...................................... Name of Appellant Street and Number .................. .qri.er~t ............................................................. ~x~.....],i~.~.7......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...........9~..1...5.2..8..1. ........................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of ,...35D..hting..~t ............................. O~i~n~ ....................... /qY.....llg.5 ~. ........... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to construct accesory shed 1. LOCATION OF THE PROPERTY ........ ~..5.~...~.a..¥~.....8..~..,. ....... i..O..~...J:..e...q.~. .......................................... Street Use District on Zoning Map · .10.O0...Sac~ion., 0.26..Block,. ~1.....02 2 ....... 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.) Articl~ III Sec. 100 - 32 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) (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 reasonthat property fronts on two town roads, King St and Navy St, thereby creating two frontya_~.,o~'~-. Form ZBl (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Due to property having no rear yard, i$ is impossible for me to construct a small prefab storage shed off of Navy Street to place mowers, gardening tools, bicycles, and a small boat along with other house holed goods out of.weather 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 This property is one of the only street pieces street to street of land in the block and has always used Navy St. as it entrance and rear yard. There is already a small farm and garage in the North East corner fronting Navy St. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because It will not change the character of this neighborhood because adjoining properties have garages and accessory buildings in their rear yards er off of.Navy St. also this property has some excessory structures presently on it. COUNTY OF ). Sworn to this .................... ,~.~....~..~.. ............ day of ............. .~.~~.... ................ K JUDITH T. TERRY TOWN CLERK REGISTRAR Ol VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 T~): From: September 21, Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk 1981 Transmitted herewith is Zoning Appeal No, 2898 application of Carl H, K~ng for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N,Y.S, Tidal Wetlands Land- Use; Notice of Disapproval from the Building DepArtment, and survey of property. JTT/bn Judith T. T~rry~ Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Mat~,~-ef'~fle Petition of to the Board of Appeals of the Town of Southold TO: YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold' to request a (Variance) (Specie! [:~:[c.:~) (~[ctm~.) (the following relief: . 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: ~".g' ..///'~. // _)/' ~ ;'7-~' ~' ~" . 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: 5. That the provisi~n~ nf th~ Southold Town Zoning Code applicable to the relief sought by the under- signed are Article /// Sectic~ ,/ ~) ~ ~- ~_ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be flied in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Oared: H. /,'VC.- Petitioner ~ Post ~fice Addr~s No. _ 721900 RECEIPT FOR CERTIFIED MAIL NOd dSURANCE COVERAGE PROVIDED-- //dOT FOR INTERNATIONAL MAIL I ,.~ (See Reverse) ~STAGE $ / ~] 7( CERTIF*ED FEE SPECIAL DELIVERY RESTRICTEO DELIVERY ~ ~ SHOWTOWHOM, DATE, AND ~ ~ AD~RE~ OF DELNER~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 721902 NCo ~ RECEIPT FOR CERTIFIED MAIL N0 No. -721901 RECEIPT FOR CERTIFIED MAIL PROVIDED-- ~ MAIL  ~ ADDRE~ OF DELIVERY ~ ~ SHOW TO WHOM, DATE TOTAL ~S~ AN~ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: X~dU~ /"~,g q residing at J~.,~o ~,',¢ 6,, ~ ~)~/~7~'. -'/y?/ , being duly sworn, deposes and says that on the ~ day of ..~p¢'¢~C~- ' ', l~J ~/ , 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- registered) mail. Sworn to before me this day of ~,~_~'~.w~ ,19 Notary Public ; that said Notices were mailed to each of said persons by LINDA F. KOWALSKI' JqOTARY PUBLIC, Stete of New Y~ No. 52-4524771 ..~,. (~ualified in Sulfolk County ~,oJ~missjon ~pires March 30t lg&? 0 w NAVY ST. re. I= Ir 'r N.~&'lS'20'*E. - I1~.00 _~,40,.j' CARL H. ~ - MAR. GAP. ET z ,c ~. ,~ 5U~'F',Oa~.. 60., ~4. Y. KING ~CA L.~: N 13 21 2($ I0 162' 14.0' &e\ 39. \q SEE SEC NO