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HomeMy WebLinkAbout2905 TC~ OF .SOLT~K~LD, NEW YORK ACTION OF THE ZONLNG BOARD OF APPEALS Date 12/23/81 . . Appeal No. 2905 Application Dated October 8, 1981 TO (Appellant) Mr. and Mrs. William Killian 5100 Private Road (Off Mill Road) Mattituck, NY 11952 At a m~et~%g of the Zoning Board of Appeals on November 5, 1981 was considered and the action ir~icated belc~ was taken on your Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a Request for a Special Exception under the Zoning Ordinance Article , Section (X) Request for a Variance to ~Lhe F~ning ordinance Article III , Section 100-32 and 100-118D ( ) Request for Upon application of William and Margaret Killian, 5100 Private Road off Mill Road, Mattituck, NY 11952 for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Article XI, Section 100-118D for permis- sion to construct accessory building in an area other than the required rearyard. Location of Property: 5100 Private Road off Mill Road, Mattituck, NY; bounded north by Holmes; west, south and east by Matti- tuck Holding Co.; County Tax Map Parcel 1000-106-6-5. By this appeal, applicants request permission to construct an accessory building, approximately 12' by 12' for storage purposes in the frontyard area The site location and angle of the dwelling lend to the practical difficulties of the applicant, and it is the feeling of the board that the area requested is the most feasible. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested in Appeal No. 2905, application of William and Margaret Killian to construct accessory structure in the frontyard area at 5100 Private Road, (~ff Jill Road) Mattituck, NY (County Tax Map District 1000, Section 106, Block 6, Lot 5) be approved SUBJECT TO THE FOLLOWING CONDITION: That the accessory building not be used for habitable use (strictly for storage purposes). Vote of the B Goehringer and Saw This resoluti Fon~ ZB4 (rev. 12/81) ,ard: ~s: Messrs. Grigoni~ .cRECEI_ED AND FILED BY w.* * ' Town Ci~rk, , Doyen, D~Up~(~D 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, November 5, 1981 commencing at 7:15 o'clock p.m. as follows: 7:15 p.m. Application of Isabel DuBois by Gada Contracting, Drawer B, Fishers Island, NY 06390, for approval of access, New York Town Law Section 280-A. Location of Property: Private Road, Fishers Island, NY; Chocomount Lot 3; bounded north by Musser and Private Road; east by F.I. Water Works; south and west by Fishers Island Development Co.; County Tax Map Parcel Item No. 1000-4-5- part of parcel 5. 7:20 p.m. Application of Robert W. Nelson, 17 Commerce Street, Chatham, NJ 07920, for approval of access, New York Town Law Section 280-A. Location of Property: Private Road, Fishers Island, NY; Fishers Island Map Block 16, Lot 12; bounded north by F.I. Water Works; east by Private Road; south and west by Fishers Island Development Co.; County Tax Map Parcel Item No. 1000-4-5-5.7. 7:25 p.m. Application of Marjorie S. Dunaw~y, by James V. Righter, 58 Winter Street, Boston, MA 02108, for a Variance for: (1) approval of access, New York Town Law Section 280A; and (2) for permission to construct pool in sideyard area; and (3) for permission to construct ten-foot high tennis court fence. Location of Property: Private Road, Fishers Island, NY; Fishers Island Map Block 25, Lot 9; bounded north by F.I. Williamson; south by Private Road; west by Bagley; Map Parcel Item No. 1000-3-1-3. Sound; east by County Tax 7:30 p.m. Application of Robert A. and Bettyann Herreros, 3000 Delmar Drive, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient frontyard setback. Location of Page 2 Legal Not Board of Appeals Regular Meeting of November 5, 1981 Property: 3000 Delmar Drive, Laurel, NY; Laurel Country Estates Map No. 5486, Lot 37; County Tax Map Parcel Item No. 1000-125-4-13. 7:35 p.m. Application of William A. Rusch, 50550 Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32B for permission to construct raised deck on pooI with an insufficient sideyard setback at 50550 Main Road, Southold, ' NY; bounded north by Main Road, east by Baker, south by Christian Science Society and Southold School District; west by Christian Science Society. County Tax Map Parcel Item No. 1000-70-2-13. 7:45 p.m. Application of Wilbur A. Baidwin, by William S. Midgley, Jr. as agent, 200 Skunk Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage in the frontyard area. Location of Property: 1725 Nassau Point Road, Cutchogue, NY; more particularly known as Nassau Point Club Properties Lot No. 1; County Tax Map Parcel Item No. 1000-104-13-2.4. 7:55 p.m. Application of Richard and Joan Zeisler, c/o Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY 11901 for a Variance to the Zoning Ordinance, Article III, Sec- tion 100-31 for approval of walkways around the perimeter of applicants' house with reduced frontyard and sideyard setbacks at 700 Jackson Landing, Mattituck, NY; Jackson Landing Subdivision Lot No. 9, Subdivision Map No. 5280; County Tax Map~Parcel Item NO..1000-113-4-9. 8:05 p.m. Application of Thomas J. DeBor~er, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for per- mission to construct new dwelling with insufficient front and side yard setbacks and exceeding the maximum permitted 20% lot coverage. Location of Property: North side of North Road, Southold, NY; bounded north by L.I. Sound; west by Bloom; south by C.R. 48; east by McMann; County Tax Map Parcel Item No. 1000-44-2-15. ~Page 3 - Legal NOce r~ Board of Appeals Regular Meeting of Novembe , 1981 ~:20 p.m. Application of William and Margaret Killian, 5100 Private Road off Mill Road, Mattituck, NY 11952 for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Article XI, Section 100-~18D for permission to construct accessory building in an area other than the required rearyard. Location of Property: 5100 Private Road off Mill Road, Mattituck; bounded north by Holmes; west, south and east by Mattituck County Tax Map Parcel Item No. 1000-106-6-5. Holding Co.; 8:30 p.m. Application of Allan C. Dickerson, Box 54, Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 and Bulk Schedule for permission to construct addition to existing building with an insufficient sideyard setback in a B-1 General Business District. Location of Property: Northwest corner of Main Road and Wickham Avenue, Mattituck; bounded north by Case; west by Winiarz Estate and North Fork Liquor Corp.; south by State Route 25; east by Wick- ham Avenue; County Tax Map Parcel Item No. 1000-140-3-34. 8:40 p.m. Application of Dorothy C. Fleet, 5 Carmel Ridge Estates, Trumbull, CT 06611, for a Variance to the Zoning Ordi- nance, Article III, Sections 100-30A and 100-31, Bulk Schedule, for approval of insufficient width of one parcel in a proposed two-lot division, premises described as Pequash Acres Subdivision Lots No. 3 and 4; County Tax Map Parcels No. 1000-103-12-7 and 1000-137-2-20; further known as 3505 and 3655 Pequash Avenue, Cutchogue, NY. 8:45 p.m. Application of Demos Menakis, by Richard J. Cron, Esq. for a Variance to the Zoning Ordinance, Article III, Sec- tion 100-30 and Bulk Schedule, for permission to construct new dwelling with an insufficient setback from Circle Drive at 980 Aquaview Avenue, East Marion, NY; bounded north by Aquaview Avenue; west by Circle Drive and Davies; south by Davies; east by Nicholis; County Tax Map Parcel Item No. 1000-21-3-11. 8:50 p.m. Applications of William and Helen Robison, 31 Rock- ledge Place, Cedar Grove, NJ by Abigail A. Wickham, Esq., for Page 4 - Legal Board of Appeals Regular Meeting of November 5, 1981 Variances to the Zoning Ordinance: ' (1) Article III, Sections 100-30A and Bulk Schedule for approval of insufficient area and width of two proposed parcels, and (2) Article III, Section 100-31 and Bulk Schedule for permission to construct new dwell- ing with an insufficient frontyard setback. Location of Property: Northwest corner of Wavecrest Lane and Saltaire Way, Mattituck; Salt Aire Estates Filed Map No. 4682, Lots 17 and 18; County Tax Map Parcels No. 1000-100-1-14 and 15. 9:00 p.m. Application of Ronald Roberts, by Glenn F. Heidt- mann, Cox Lane, Cutchogue, NY for a Variance to the Flood Damage Prevention Law, Section 46-19B for permission to construct new dwelling in a V-4 Flood Zone with base floor below the ll-foot minimum elevation above mean sea level. Location of Property: South side of Cedar Point Drive East, Southold, NY; Cedar Beach Park Subdivision Map No. 90, Lot 151; County Tax Map Parcel Item No. 1000-90-2-10. 9:10 p.m. Application of Frank Curran, by Peter R. Stouten- burgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory structure in the sideyard area at 780 Fishermen's Beach Road, Cutchogue; Peconic Bay Properties, Inc. Filed Subdivision Map No. 286, Lots 26 and part of 27; County Tax Map Parcel Item No. 1000-111-1-16. ~Page 5 - Legal NOce (Instructions) O ~Board of Appeals ~egular Meeting of November ~, 1981 ~ 9:15 p.m. Application of Frank Curran, by Peter R. Stouten- burgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Flood Damage Prevention Law, Chapter 46-8, Sections 46-17, 46-18, 46-19, for permission to construct improvements exceeding 50% of the market value of existing structure, with base floor below the 8-foot minimum elevation above mean sea level in a Zone A, at 780 Fishermen's Beach Road, Cutchogue, NY; Peconic Bay Properties, Inc. Filed Subdivision Map No. 286, Lots 26 and part of Lot 27; County Tax Map Parcel Item No. 1000-111-1-16. 9:30 p.m. Application of Frances N. Frisbie, 175 Clearwater Lane, Cutchogue, NY for a Variance to the Zoning Ordinance Article III, Sections 100-30 and 100-35 for permission to construct tennis court and fence exceeding the maximum four-foot height requirement in the frontyard area at 175 Clearwater Lane, Cutchogue, NY; Nassau Point Filed Subdivision Map No. 156, Subdivision Lot 106; County Tax Map Parcel Item No. 1000-118-5-2. Dated: October 15, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish once, Thursday, October 29, 1981 and forward affidavits of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971, on or before November 2, 1981. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date .(~70/,~...d ........ 19 .~..~. · File No ................................ . .". .o. . :. . . . . . . . .......... PLEASE TAKE NOTICE that your application dated....~7~~...~ 19~/.. for pe~it to construct.. ~~Q~.. ~'~.~ ...................... at ~cation of Property ~, ~',~, ,' ~Z ~,~(,d*~ ........ ~~--~ y' house ~o. ~ St~t namtet County Tax Map No. 1000 Section .. K~.~. ...... Block . .O.~. ........ Lot ...O~ ~ ..... Subdivision ................. F~ed Map No. ' Lot No. ~ is returned herewith and disapproved on the follow~g grounds ~/~Z. Z~ ~.~. (~ .~' Bulldog Inspector RV 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y, 11971 TEL,: 765-1802 Examined ................ ,19... Approved ................. 19... Permit No ............ Disapproved a/c ....... ' ......................... . Application No ................ (Building Inspector) APPLICATION FOR BUILDING PERMIT Date .~'.e/°..77:~..~.ef".~.°..., 19gl 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. Plot 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 Permit. d. Upon apprc.'al of this application, the Building Inspector will issne a Bnilding Permit to the applicant. Such pern shall be kept on the premises available for inspection throughout the work. e. No building shalI be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupan shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance ora 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 ail applicable laws, ordinances, building code, housing code, and regulations, and buildings for necessary=i!lspections. , (Signature of applicant~r--name, if a corporation) (Mailing address of aPplicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or build Nmneofownerofprculises Il-.,), JJl .............. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .... .-<'~ .-<-~.~... Plumber's License No ......................... Electrician's License No.' ...................... Other Trade's License No ...................... Location of land on which proposed work will be done ................................................ .to ...... ?.. :.// /eS ........................................................... House Number Street Hamlet County Tax Map No. 1000 Section ................. Block ....... Lot. Subdivision ..................................... Filed Map No ............... Lot .............. (Name) State existing use and occupancy of premises and int?ded usc and occupancy of proposed construction: ' ~xisfin use and occu am .~d~e ~.,~.../f~.. !/{ ?,~.)~../.{./,t'.~..~. ........................ ~. g p y .......... . ..... '.C/... "" " · '_~ ndeduseandoccu~ancv. ,S'-7"°~At.a.E-- ~/¢'&. ~ · , . \0' .......................... . . "' / ' '/ ....... 3. Nature of work (check which applicable): New Building .......... Addition .......... Alteration ........ Re?air .............. Removal .............. Demolition ............ Other ',.Ver k ............... ~/ ~ ~ (Description) Est/mated Cost ..... : .............. : ................. · .................... ',' ........... (to be paid on filing this application) ;. If dwelling, number of dwelling units ............... Number of 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 ..................... Dimensions of existing stn~ctures, if any: Front ..... ; ......... Rear .............. Depth ............... Height ............... Number o f Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Dept ...................... Height ...................... Number of Stories ............. ~ ......... I. D mens OhS of entire new construction Front .... /.~./. ....... Rear . .].,$-./ .......... Depth . ../.,-9.. .......... Height ...~:..~['fl.~. ? .~.'.. Number of Stories .. ]. .................................................... Size of lot: Front .... ~.: .... '.' ........ Rear .... ./..o?..,.~.' ......... Devth . .o~9./?. .......... Date 6f Purchase ~.a~.. q.~.~..iff. 7./. ........ ~ Name of Former Owner ..[,~...t././??,..~....~..p.~.c. 9[.&. i~.r{~ Zone or use district in which premises are situated., r.,e .,r. :...58. a.a. ..C,. (. 4: ~2 hr.,) ........~: .................. Does proposed construction violate any zoning law, ordinance or regulation: ................................ Will lot be regraded ...... tq..,.o. .................. 3\'i~I excess fill be removed from premises: Yes ~ Name of Or'ncr of pre nses ~.'! [/.t~ .~ .~.:.'.~e..,:f.~.~.r-. ~(d/r~sq?.. OZ.,y/.4~.~.. t~.~.~.-77.,. Phone No. ~..o~.~.~./?..o~-... Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Phone No ................ PLOT DIAG RA.M Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from roperty hnes. Give street and block number or description according to deed, and show street names and indicate whether ~terior or corner lot. rATE OF NEWIy~RK, ...... /.../../...C~__~... !.:/.,~~.-x~ being duly (N~anie of~ndividuhl signing contract¢ >ove named. sworn, deposes and says that he is the applicant eis 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 manner set forth h~ the application flied t~,erewith. ~om to before me this ....... ...... .. . >. ..... .... · - ....... : . ' '7 ~~:~ ~ ~: / ' (Signature of app TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .D.~.~...&.../..~'I TO THE ZONING BOARD OF APPEALS, TOWN OF S~THOLD, N. Y. ~ , I1,~ ~ ~ ~, II,~ N~, of App~,~,* ................... ~'~'A~'~d~T ........................ ~vc~ ~-~ il~ ............ ~.~ ....... HEREBY APPEL TO .................................... [~'~[~i~iii~ .................................... Sta~ THE ZONING BOARD OF APP~LS FROM THE DECISION OF THE BUILDING INSPECTOR ON AP~klCAIIO~ FOR ~[RMIT ~O ..................................... ~AI[D .............................................. WHEREBY THE BUILDING INSPECTOR DENIED TO ............... ~..~..A.~,~.~..i~..G~.~[[ ................ o~ ~z e...~..~..~....~... ~,.~L~.s.,.e.....~.~.s r.~.~ m: ............. P~..~ .................... Street and Nd~ber Municipali~ Stdte '" (~ PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY 7) /?-o A~. ~- Zd 6~ fi2~// ~i-~,~o /~'-'-) Street Use District on Zoning Mop ......... /.~..~ .................. ~...4:..~..~...~.~ ....... ~..~.~7 ......... Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) &&T ~ ~e C /~ -- //~b 3. TYPE OF APPEAL Appeal is made herewith for ( 14'/XA 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 ap (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (b-r~,~quest ~oravar~ance ~ec'~t b~5 and was mode in Appeal No...O~.l~..l..~.. ................ Dated .. ( ) OC ) ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 250A Subsection A Variance to the Zoning Ordinance ~orm zm (Continue on other side) REASON FOR APPEAl Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because /I/~ /R ~ e c~'/a ~r-¢ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because '"-~u,ld,',~,~ ~,t~I ~,.-o~,c,J o..~' COUNTY ~ ) NOTARY PUBLIC, State of New York I~o. 52-8125850, Su[lolk Co~ Term Expires March 30, 19.~.~' ' COUNTY OF SUFFOLK DEPARTMENT OF PLANNING Town of Southold Board of Appeals (516) 360-5513 Fursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant M, mt¢ipal File Number William Killian & Wife Frances N. Frisbee Frank E. Brophy Frank & Robert Klos David Strong Martin Nelsen Joseph D. Posillico, Sr. 2905 2913 2922 2931 2933 2934 2938 Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner T wn Board of Appeals HAIN REiAD- ~TATE RI3AD 25 SE}UTHI3LD, L.I., N.Y, llg?l TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the'Zoning Code, Article ~/~, Section Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit ' Appeal No.: ~¢J-' Applicant: Location of Affected Land: ..C/~ County Tax Map Item No.: 1000- Within 500 feet of: Town or Village Boundary Line X Body of Water (Bay, Sound or Estuary)~)/ State or County Road, Parkway, Highway, Thruway Boundary of Existing Or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park ~ or Other Recreation Area Existing or Proposed Right-of-Way of Any Stream or Drainage --Channel Owned by the County or for Which The County Has Estab- lished' Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport.' COMMENTS: Applican~t is requesting permission to Copies of Town file and related documents enclosed herewith for your review. Dated: ~-~Z~£~'~ ,"/ Secretary, Board of Appeals Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONI$, JR., CHAIRMAN ~SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER .JOSEPH H. SAWICKI ~. and ~$, #~1114m XlZILA~ $100 ~1~ ~ (o~ ~11 ~1 Dear Attached herewith is a copy of the formal findings and determination of the Board of Appeals recently rendered and filed with the office of the Town Clerk concerning your appeal. " In the event your 'appeal was approved, please be sure to return to the Building Department for iapproval of any new construction or certificate of occupancy or use of the premise~ as may be applicable in your case. If you have any questions, please do not hesitate to call i either our office or that of the Building Inspector at 765-1802. Yours very truly, CHARLES GRIGONIS, JR. CHAIRMAN By Secretary lk Enclosure Today's Date: 1Members Absent~ if any: THURSDAY, NOVEMBER 5, 1981 Appeal No. Agenda Item/blatter of: Type of Variance or Appeal: Resolution made by: Seconded by: A ction: PPiva't 0 '-" GCharles rlgonts ( ) ( ) ( ) Approve as applied for ( ) Deny as applied for ( ) Deny ( ) Deny without prejudice ( ) 'Withdrawn without Prejudice ( ) ~;%rae _Rober't' .. Gerard/ Joseph. y~n ~ougr~ss t~oenrlxr ~awlcK~ (') ( ) i (./J' k' ( /) ( ) '( ) ( ) (¢') ~ppr°ve with 'he fOllowing condfiio;.- (,~') Subiect to County Plannin9 referral ) SuNect to Plannin9 Board approval ) Subiect 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 withit ( ) spirit of the zoning code ( ) ( ) Relief is not substantial ( ) ( ) Burden of hardship or difficulty showr (' ) ( ) Circumstances are unique ( ) ( ) Variance will not change character of ( ) the neighborhood ( ) ( ) Interests of Justice served bygrantin ( ) ( ) ethel; for Special ExcePtions Vote Notes: Variance is Substantial in Relation to Code Not .in h _.a~nj..gny .with purposes of the Code Hardship not sufficient Circumstances are. Not Unique ' ~ill set a precedent in the neighborhood Area is already very congested Interests of justice served by denying of the Board: Ayes: ( ) CG Nay: ( ) Abstain: ( ) Absent: ( ) (/)~D ( ( .( (~RD () () () () () () () () () TOWN OF SOUTHOLD, NEW ¥Ol~K ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2013 Dated February 21, 1975 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To William Killian & wife West Mill ROad Mattituck, New York DATE....~h_20, 197 Appellant at a meeting of the Zoning Board of Appeals on March 2 0, 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 ( ) 1975 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:30 P.M. (E.D.S.T.) upon application of William Killian & Wife, West Mill Road, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100- 32 for permission to construct accessory building in partial side yard area. Location of property: R.O.W. S/S West Mill Road, Mattituck, New York, bounded on the north by Mattituck Holding Co., east by J.R. Ho/mes; south by Mattituck Holding Co., west by Mattituck Holding Co. Fee paid $ 15. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties or (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 (e) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ) be confirmed ( ) be reversed. SEE REVERSE ) be denied and FORM ZB4 ec_,re~NG BO~ OF ~P?EALS · tary Pro Tem Southold Town Board of ApPeals After investigation and inspection the Board finds that the applicant is the owner of a lot which presents a topographical hardship. The findings of the Board are that the partial side yard area is the best possible lo~ation for an accessory building. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED William Killian & Wife, Pvt. R.O.W. off West Mill Road, Mattituck, New York be GRANTED permission to construct accessory building in partial side yard area, as applied for on property locate~ on Private R~O.W. off West Mill Road, Mattituck, New York. Vote of the Board: Ayes=- Messrs= Gillispie, Grigonis, Hulse. ,_. t./'4 OP P>A~OPE~TY ~0'= !# .to ~oufl~o/d $~vtbqi CO- Southold Town Board of Appeals -12- March 20, 197§ RESOLVED Virginia G. Jones, 12 Hamilton Place, Garden City, New York be GRANTED permission to construct accessory building in front yard area as applied for on property located at Willow Point Road and R.O.W. off Bay Home Road, Southold, New York, Map of Willow Point, Lot No. 26. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. [ PUBLIC HEARING: Appeal No. 2013 - 8:30 P.M. (E.D.S.T.) upon application of William Killian & wife, West Mill Road, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in partial side yard area. LOcation of property: R.O,W. S/S West Mill Road, Mattituck, New York, bounded on the north by Mattituck Holding Co., east by J.R. Holmes; south by Mattituck Holding Co.; west by Mattituck Holding Co. Fee paid $ 15. The Chairman opened the hearing by reading the legal notice of hearing, affadavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read the application for a variance and the Notice of Disapproval from the Building Inspector. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MRS. WM. KILLIAN: Yes, I am the applicant. THE CHAIRMAN: Do you have anything to add to the application? MRS. WM. KILLIAN: No. THE CHAIRMAN: As I recall it, from when we inspected the property, this land all slopes sharply down here. MRS. WM. KILLIAN: I don't think this R.O.W. could ever be used as a road. It would come right up to the buildings over there. THE CHAIRMAN: Well, it seems to me there is some .question of where your front yard is and where your rear yard is. MRS. KILLIAN: The front part of the house faces Mattituck ~nlet. THE CHAIRMAN: Your legal front yard is where your house faces the street, where you have access from. You don't have.access from the front, over here. Southold Town ~rd of Appeals -13- March 20, 1975 MRS. WM. KILLIAN: No. Only from the rear%over the R.O.W. THE CHAIRMAN: This is too steep/ There's a big bluff here, right? MR. HULSE: On the map here, it looks as though there is a piece of property in between, them and the road. So the area facing West Mill Road isfyour legal rear yard. MRS. WM. KILLIAN: Yes. That piece in there is owned by Mr. Holmes, I think he has a red barn on it. But we have no access over it. You couldn't come down this way because it is too steep. THE CHAIRMAN: Is there anyone present who wishes to oppose this application? (There was no response.) After investigation and inspection the Board finds that the applicant is the owner of a lot which presents a topographical hardship. The findings of the Board are that the partial side yard area is the best possible location for an accessory building. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED William Killian & wife, Pvt. R.O.W. off West Mill Road, Mattituck, New York be GRANTED permission to construct accessory building in partial side yard area, as applied for, on property located on Private R.O.W. off West Mill Road, Mattituck, New York. ~ vo~e of the Board: Ayes.:- Messrs: Gillispie, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 2014 - 8:45 P.M. (E.D.S.T.) ' upon application of Rudolph Bruer, Esq. a/c William Herman, 11 Levon Lane, Miller Place, N.Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct one COUNTY OF SUFFOLK SS: STATE OF NEW YORK Patricio Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ................... .~ ................... weeks successively, commencing on the ....... ..~.....c~. ...................... day Sworn to before me this ......... ~ ................. day of ........... ~ ............... , ~9...~.k CLEMENT J. THOMPSON NOTARY PUBLIC, State of New York No, 52-9321725 R~din8 in Suffolk County .c., Commission Expires March 30, ~,, B.20 p.m. Apphcatlon:,of~k~i Count~ Tax Map Parcel Item.~/l ~ R J "' ~ ~ ppllcation of~ . ~ . ]~ oao. ~aR]tuck. N.Y. 11952 Frances N Ffisbe 175 ~ear- ' '~ ' ' ~ :=' ~ / fpr a Vat.ce to the ~ninn water Lane C ' ' ~ ~d~ _ . . , utchogue ' [ . . ~. A~cle ~. Se~mg N.Y. ~ a VaHanco to the , 1~ 32 and Amcle X1, Se~ion ~n~g Ordnance A~icle II1, .1.00-118D for permission to construct accesssor¥ building in an area other than the reouired rearvard. Location of Prooertv: S100 Private Road off Mill Road. Magtituck; ,~oanded north by Holmes~ /west. sou~h and east bY MaRituck Holdinu Co.; Coun- ty Tax Map Parcel Item No. _ 1000-106.6.~, 8:30 p.m. Application of Allan C. Dickerson. Box 54, Main Road, Martituck, N.Y. for a Variance to the Zoning Ordinance, Article VII, Section 100-71 and Bulk Schedule for permission to construct addi- tion to existing building with, an insufficient sideyard set- back in a B-1 General Business Sections 100-30 and 100-35 for permission to construct tennis., court and fence exceeding the ~' maximum four-foot height re- '~uirement in the frontyard area at 175 Clearwater Lane, cutchogue, N.Y.; Nassau Point Filed Subdivision Map No. 156, Subdivision Lot 106; County Tax Map Parcel Item No. 1000-118-5.2. Dated: October 1S, 1981 BY ORDER OF THE 5OUTHOLD TOWN BOARD OF APPEALS 1T-10/29/81(10). Northwest corner of Main Road and Wickham Avenue, Mattituck; bounded north by Case, west by Wininrz Estate and North Fork Liquor Corp.; ~outh by State Route 25; east by Wickham Avenue; Couniy Tax Map Parcel Item No. 1000-140-3-34. 8:40 p.m. Application of Dorothy C. Fleet, 5 Carmel Ridge Estates, Trumbuil, CT. 06,611, for a yagiance to the Zoning Ordinance, Article HI, Bulk Schedule, f6r approval of insufficient width of one parcel in a proposed two-lot division, premises described as Pe- quash, Acres Subdivision Lots Nod. 3 and 4; County Tax Map Parcels No. 1000-103-12.7 and 1000-137-2.20; further known as 3505 and 3655 Pequash "Avenue, Cutchogue, N.Y. / 8:45 p.m. Application of Demos Menakis, by Richard .I., Cron, E~q., Main Road, Cutcbogue, N.Y. for a Vari. ance to the Zoning Ordinance, Article IIl, Section 100-30 and Bulk Schedule, for permission to construct new dwelling with an insufficient setback from Circle D.rive at 980 Aquaview Avenue, East Marion, N.Y.;, bounded north by Aquaview Avenue; west by Circle Drive and Davies; south by Davies; east by-Nicholis; County Tax Map Parcel Item No. 1000.21- 3-11. 8:50 p.m. Applications of William and Helen Robison, 31 Rocldedge Place, Cedar /"Grove, N.J. by Abigail A. Wickham, Esq., for Variances to the Zoning Ordinance: 1) Aticle III, Sections 100.-30A and Bulk Schedule for approv- al of insufficient area and width of two proposed parcels, and 2) Article III, Section 100-31 and Bulk Schedule for permission to construct new dwelling with an insufficient frontyard setback. Location of Pro~oerty: Northwest corner of Wavecrest Lane and Saltaire Way, Mattituck; Salt Aire F..stutes Piled Map No. 4682, Lots 17 and 18; County Tax Map Parcels No. I000-100.1. 14 and 15. 9:00 p.m, Application of /Ronald Roberts, by Glenn P. Heidimann, Cox Lane, Cut- chogue, N.Y. for a Variance to the Flood Damage Prevention'. Legal Notices 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 Soulbold, a Regular Meeting and the following public hearings will be held by lhe Southold Town Board of Appeals at the South- old Town Hall, Main Road, Soothold, NY n Thursday, November 5, 1981 commenc- lng at 7:15 o'clock p.m. as follows: 7:15 p~m. Application of Isabel DuBois by Gads Con- lracting, Drawer B, Fishers Island, NY 06390, for approval of access, New Yock Town Law Section 280-A. Location of Property: Private Road, Fish- ers Island, NY; Chocomount Lot 8; bounded north by Mus- ser and Private Road; east by F.L Water Works; south and west by Fishers Island De- velopment Co.; County Tax Map Parcel Item No. 10004-5- part of parcel 5. 7:20 p.m. Application of Robert W. Nelson, 17 Com- merce Street, Chatham, NJ 07920, for approval of access, New York Town Law Section 280-A. Location of Property: Private Road, Fishers Island, NY; Fishers Island Map Block 16, Lot 12; bounded north by F.L Water Works; east by Private Road; south and west by Fishers Island Develop- ment Co.; County Tax Map Parcel Item No. 1000-4-5-5.7. 7:25 p.m. Application of Marjorie S. Dunaway, by James V. Righter, 58 Winter Street, Boston, MA 02108, for a Variance for: il) approval of access, New York Town Law Section 280A; and (2l for permission to construct pool in sideyard area; and (3) for permission to construct ten- foot high tennis court fence. Location of Property: Private Road, Fishers Island, NY; Fishers Island Map Block 25, Lot 9; bounded north by F.I. Sound; east by Williamson; south by Privato Road: west gley; County Tax Map I Item No. 1000-3-1-3. p.m. Application of Robert A. and Bettyann Her- reros, 3000 Delmar Drive, Laurel, NY for a Variance to the Zoning Ordinance, Article I!I, Section 100-31 for permis- s,on to construct addition to dwelling with an insufficient frontyard setback. Location of Property: 30110 Delmar Drive, Laurel, NY; Laurel Country Estates Map No 5486, Lot 37; County Tax Map Parcel Item No. 1000-125-4-13. 7:35 p.m. Application of William A. Rusch, 50550 Main Road, Soothold, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100- 32B for permission to con- stru?t raised deck on pool with an insufficient sideyard set- back at 50550 Main Road, Southold, NY; bounded north by Main Road, east by Baker, south by Christian Science Society and Southold School District; west by Christian Science Society. County Tax Map Parcel Item No. 1000-70- 2-13. 7:45 p.m. Applicat on of Wilbur A. Baldwin by Wil am S. Midgley, Jr. as agent, 200 Skunk Lane, Cutcbogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to con- struct garage in the frontyard area. Location of Property: 1725 Nassau Point Road, Cut- chogue, NY; more particular- ly known as Nassau Point Club Properties Lot No. 1; County Tax Map Parcel Item No. 1000-104-13-2.4. 7:55 p.m. Application of Richard and Joan Zeisler, c/o Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY 11901 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of walkways around the perime- ter of applicants' house with reduced frontyard and side- yard setbacks at 700 Jackson Landing, Mattituck NY; Jackson Land ng Subdivision Lot No. 9, Subdivision Map No. _5280; County Tax MaD Parcel Item No. 1000-1~ - 8:05 p.m. A~e~tion of Thomas J. DeBorger, by Ru- dolph H. Bruer, Esq., Main Road, Soolhold, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100- 31 and Bulk Schedule for per- mission to construct new dwel- ling with insufficient front and side yard setbacks and ex- ceeding the maximum per- mitted 20% lot coverage. Lo- cation of Property: North side of North Road, Soutbo]d, NY; bounded north by L.I. Sound; west by Bloom; south by C.R. 48; east by McMann; County Tax Map Parcel Item No. 1000-44-2-15. f8:20 p.m. Application of William and Margaret Killian, 5100 Private Road off Mill Road, Mattitock, NY 11952 for a Variance to the Zoning Ordinaoce, Article Ill, Section 100-32 and Article XI, Sectio0 100-118D for permission to construct aocessory building in an area other than the required rearyard. Location of Property: 5100 Private tRoad off Mill Road, Matti- tuck; bounded north by Holmes; west, south and east by Mattituck Holding Co.; County Tax Map Parcel Item No. 1000-106-6-5. 8:30 p.m. Application of Allan C. Dickersoa, Box 54, Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Sec- tion 100-71 and Bulk Schedule for permission to construct addition to existing building with an insufficient sideyard setback in a B-1 General Busi- ness District. Location of Pro- perty: Northwest corner of Main Road and Wickham Ave- nue, Ma ttituck; hounded north by Case; west by Winiarz Es- tate and North Fork Liquor Corp.; south by State Route 25; east by Wiekham Avenue; County Tax Map Parcel Item No. 1000-140-3-34. 8:40 p.m. Application of Dorothy C. Fleet, 5 Carmel Ridge Estates: Trumbull, CT 06611, for a Variance to the Zoning Ordinance, Article III, Section Bulk Sc insuffi( cci in e sion, Pequas Lots N{ Map P; and 10 known quash NY. 8:45 Demos SworI~, J. Cronlul¥ the Zor, SUFFOLK III, Se' Scheduaort, in said conslrc an ins~i ¢~ printed Circle s bounde, eR.~ Times and Da .... Weeks east b} Map P · .......... 3-11. 8:50 Willian Rockle~ ........... ham, l the Z¢ Artieleq / and BA ~<._.~ proval ~'/...'.'.'.'.'.'.'.'.'~..~. ...... width ¢ and (8l ............ 31 and missio~ dwellir fronty~ Proper ,, of Wa~ aire Estate?-~ Map P and 15 9:00 Ronah Heidtr chogm the Fh missio dwelli~ with ll-foot lion of Cedar Legal ~otice of Hearings for Regular Board of Appeals mtg., 11/5/81 On Tuesday, October 27, 1981, copies to: A. John Gada. General Contracting, agent for Isabel DuBois Mr. Robert W. Nelson Ms. Marjorie S. Dunaway Mr. Jaymes V. Righter, agent for Marjorie S. Dunaway Mr. & Mrs. Robert A. Herreros M~. & Mrs. Mi!!iam Rusch William S. Midgley, Jr., as agant for Mr. Wilbur A. Baldwin M~. Wilbur A. Ball, in Philip J. 0frias, Jr., Esq. as a-~torney for Richard & Joan Z~isler Rudolph H. Bruer, Esq. as sttorney for Thomas J. De Borger ~. & ~.~s. William Killian Mr. Allan C. Dickerson A~igail A. Wickham as Richard J. Cron, Esq. Abigail A. %~ickh~n as Glenn F. Meidtmann as Peter Stoutenburgh as Mrs. Frances M. Appeal files attorney for Dorothy C. Fleet as attorney for Demos Menakis attorney for ~'~. & Helen Robison agent for Ronald Roberts agent for Fran~urran Frisbie ZBA members To~.m Board members Supe~zisor Pel]. Copy ~o Suffolk Times, Monday, October 26, 1981 with instructions Copy to L.I. Traveler-Uatc~nan, Tuesday, October 27, 1981 with instructions JUDITH T. TERRY TOWN CLERK REGISTRAR Ol: VITAL STATISTICS Southold, L. I., N. Y. 11971 October 8, 1981 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2905 application of William & Margaret Killian 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 the property. Ju~dith T~. ~e~~~ Town Clerk ~ JTT/bn Enclosures 5HU',: I i~lqV J I~,t.)~",kH:H [AL ASSEbSHt:N JIISTRUCT!OH~.: ~ (o) In order to ons~.~er the questions in this short EAF it is assumed that the preparer ~',ill use currently ovot]ab}e ~nfor~:,o~$on concernSng the project end the likely impacts of the action. It is not expected that additional sludies, research or other investigations will be undertaken. (b) l[ any question bas been ons',~ered Yes lhe project may be ~ignlfican~ and o completed [{nvlron~en~al Assessmen% Farm is necessary. (c) If all questions have been onswered l~o i~ is likely ~hat ibis project is ,no~ significont. .. (d) Environmental Assessmeni ' 1. Wi'~1 projec[ zesu~-ln o lorge physLcol chonge to the p~ojec~ slte o~ physically olte~ more / th~m 10 ocres oF land? ...................... . Yes.~No 2. 1'1ill there be a major change to any unique o~ -unusuol land ~ozm found on the site? ...... Yes i/N° 3. ~'1ill projec~ ol~er or heve o large effect on . / existing body of water? ................... Yes,~N 4. ~'I~11 project hove a poten'Lially ].orge impoc~ ./ on groundv~ater quality? .................. .. Yes.~o 5. ~'lill project significantly eJ'fiec¢ drainage flo~.~ on odjacen~ sites? .................... .. Yes~No 6. ~';ill projec~ a~fect any threatened or ' /' endangered plant or ani~al .species? ...... _ Yes 7. Will p~ojec~ ~esu).~ in o majo~ adverse efi~ekt on air ctualit)'? ........................... Yes ~No 8. Will p~oject here o major effect on visual chorocie~ off the con, reunify os scenic v]evls o~ / vis'Los known to:be imporiont, to the community?. Yes ~No 9. ~'1~1 project odver.sel>' ~pact any sile or .. siruciure of h~sto~'ic, p~ebistoric or poleonto].ogicol ~mporto~ce o~ any sire designated as a cziiic(~l environmental erea / by o loc01 agency?. ~: ..... v - : ..... Yes 10. ~'1ill projec¢ have a mo jot effect on exis~ihg or fu[urc rccreo~ionol oppor~ur, ities? ......... Yes 11. %'/ill project result in .~ojor tro~f~c problems o~ cause o major cf[oct ~o existing franspor[o[ion sys'[(~m~? ....................... Yes~No 12. %'/ill projec¢ regularly couse objectionable odors, noise, glare, vibro~ion, or elcc[ricol · dis%urbonce os a rcsul~ of ~he pr°jet'ms ~No' opcrotion? ......... · ............................ Yes or .so[ciy? .................................... Yes~No 14. %'/ill p~ojec~ affect ~he existing community by ~ direc¢l~ cousing o gro%'r~h in pcrmnncn~ populo~Jon of more ~hon 5 perce~]~ over o one yeor period or have o mo jot ncgo¢ive ef[cc~ / on [be choro%{er of ~he communify or neighborhood? ................................. Yes 15. ls ~here public con[rovcrs~ COl'lcernillg [he ~es ~.No To: Re: (Today ' s ~at~) Southold Town Board of Appeals 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, Par.t 661, and Articl'e' 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.] Sincerely yours, TOWN OF SOUTHOLD, NIW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~_,.~r ~. / ~i)~.~ ......................................................................... (We) .................. Name of Appellant Street ~n~l' NumJ~r ...... ~..!?..?...'q../. ~.~.,u..~ !(......t)[; /..././..~..~..°x ..................................... i ........... ~...'.. ~. /... ...... HEREBY APPEAL TO /~nicipolity Stot~"' THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..~,,.~..Q.k.¢,~......~.../...,/.,~.~/. ............. WHEREBY THE BUILDING INSPECTOR DENIED TO .......... ~'.:.(./.'.~.~...~,..('././.'.S.". .................................... Name of Applicant for permit of Street and Number Municipality State (X) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ....~..~..c~.......~.:.6.....&~......~.~.......~..!.~....~.o....~.. ............ ./.~ ................... Street~ ' Zoning Mop Use District on ........ ............ ............ ................. 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.) ,~7- ~ ,~ ¢ )o.~ -- I1~ 3. TYPE OF APPEAL Appeal is mode herewith for ( t4/A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for e variance and was made in Appeal No ................................. Doted ...................................................................... ( ) (%) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ~orm zB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~n ~- ~'/J ~ /~c~'/~ ~/~ 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 A/e /~ ~,~s4t~T~- t?ef~,~,'-~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~u,/cJ,,~,~..-~¢l ~o,,~/~r: COUNTY O~)~'~<~ ) ~ ..................... 19~ Sworn to this .............. ~ .................... day of.....~.~ ...................... "~ary Public"~ ELIZABETH ANN NEVILLE ~OTARY PUBLIC, State of New Yolk No. 52-8125850, Suffolk CoLJJ~ Ta?n Expi~,s March 30, BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That~he intention of the undersigned to petition the Board of Appeals of the Town of S~uthold to request a ~) (Special Exception) (Special Permit)(the following relief: /~',~,~ ,s~',o. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- fribedasfollows: fFo~T~" /~"a ' ,~£,~,(' /o~. ~ ~e~",~ ~,/~f-~ 3. That the property which is the subject of such Petition is located in the following zoning district: I 4. That by such Petition, the undersigned will request the following relief: $ ~ m e ~ .r ~- ! 5. That the pro~ the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Sectio_n /~ - -~' ~ 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 may then and there examine the same during regular office hours. (516) T6~1809. 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 d~ignated for the publication of such notices; that you or your repr~entative have the ~:ht:;~ app~r ~b~at such h;aring' ~~ Petitioner Post Office Addr~s - / NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS,: ADDRESS P28 CT 5914 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) ,,.,. P28 RECEIPT FOR CERTIFIED MAIL NOT FOR INTERNATIONAL MAll _ (See R,.e. verse) E ~ saowTow.o~ ~ ~-~/ , being; duly sworn, deposes and Says that on the ec>~ day of / ,19 ~/ , 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- fice at Pn ~ T ~-f m~, ~ t~' t~ .4/ It ~_c~4 ; that samd Notices were mailed to each of said persons by (certified) (registered) mail. / Sworn to~e_fo.re .me this day of ~ ,19 ~//Notary Public PHYLUS ATKIN$ON NOTARY PUBLIC, State of New York No. 52-4665676 Qual;fied in Suffolk County Comrnis~ion Expires March 30, 19~ ,. t /%' "X \ \ \ SEE SEC NO 099 MATCH ~.7 LINE 3 199A{c) 8 84A(c) 13e3 32.8Nc) 29.$ A {c) 6-Z- t.O "OR PARCEL I NO SEE SEC N O. 099.04.025 e,,. I A SEC MATCH -~LINE MATCH RD. OF I0, [.[LC, Z$ N 289,000 t.4 ~[c~ t9 ZO lCi