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HomeMy WebLinkAbout2850Cas~e'~ s Lane Ex~, C~chogue 8/6/8I A-approval of access. TO~VN OF SOUTHOLD, NEW YORK ACTION OF THE ZONI~e BOAI~D OF APPEALS Appeal No. 2850 by application Dated June 22, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTHOLD To Mr. Frederick T. Horn 297 Sunset Avenue Westhampton Beach, NY 11978 DATE 9/30/81 Appellant at a meeting of the Zoning Board of Appeals on August 6, 1981 the appeal ~vas considered and the action indicated below was taken on your (X) Request for variance due to lack of access to propertYN.y' Town Law Section 280A ) Request for a special exception under the Zoning Ordinance ) Request for a variance to the Zoning Ordinance ) 1. SP~[~4~~X~X~9[~K~K~i~I~IK~.~;~X[~:~XX:~:~i~i~I~tion ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be co~irmed because Application of Frederick T. Horn, 297 Sunset Avenue, Westhampton Beach, NY 11978 for a Variance to Section 280A, Subsection 3 of the Town Law for approval of access of Case's Lane Extension, Cutchogue, NY bounded north by Path Way, west by Fairway Farms, south by Case's Lane Ext., east by Horn, Bouff- ler. County Tax Map Parcel Item No. 1000-109-5-14.1. (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) (is not) unique and (would) (would not) be shared by aY properties alike in the immediate vicinity of this properly 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 ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and CG: lk ZONING BOARD OF APPEALS FORM ZB4 Appellant by this appeal seeks approval of access over a private road, "Case's Lane Extension," which is paved and in good condition, and approximately 50 feet in width. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and practical difficulty has been shown; that the relief if granted will not change the character of the neighborhood and will be in harmony with and promote the general purposes and intent of Town Law and town rules and regulations; that the grant of this variance will not produce a detriment to adjoining proper- ties; that the difficulty cannot be obviated by a method feasible to appellant other than a variance; and that in view of the manner in which the difficulty arose, the interests of justice will be served by allowing the variance. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that a variance be granted as requested in Appeal No. 2850, application of Frederick T. Horn, for approval of access at Case's Lane Extension, Cutchogue, New York, premises more particularly known as County Tax Map District No. 1000, Section 109, Block 005, Parcel 14.1. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. RECEIVED AND FILED BY T}~ SOUIHOLD TO'TN CLERK LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, 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, August 6, 1981 commencing at 7:15 p.m. and as follows: 7:15 p.m. Application of Donald C. DeLalla, P.O. Box 526, Cutchogue, NY for a Special Exception to the Zoning Ordinance Art. III, Sec. 100-30 B (9) (a) for permission to dock and moor two boats not owned and used by owner of premises for his per- sonal use between existing pilings at 5545 Skunk Lane, Cutchogue, NY; bounded north by Timpson; west by Baldwin's Creek; south by Faraguna; east by Bay Avenue (Skunk Lane); County Tax Map Item No. 1000-138-2-18. 7:25 p.m. Application of Margaret McGowan, 17 Aberdeen Street, Malverne, NY 11565 (by Gary Flanner Olsen as attorney) for a Variance to the Zoning Ordinance, Art. III Sec. 100-31 for approval insufficient area and/or width of two parcels due to the relocation of lot lines. Location of property: R-O-W south of Great Peconic Bay Boulevard, Laurel; bounded north by Connelly, east by Johnston and Mormile, south by Alexander, west by Kennelly; County Tax Map Item No. 1~000-128-4-11 & 14. ! 7:35 p.m. Application of Kenneth I. & Judy M. McFall, 245 East 40th Street, New York, NY 10016 (by Gary Flanner Olsen as attorney) for a Variance to the Zoning Ordinance, Art. III Sec. 100-31 for permission to construct one-family dwelling from pre-exi~sting chapel with insufficient rear yard setback at 7216 Great Peconic Bay Boulevard, Laurel, also known as Laurel Acres Minor Subd. (Piccione Minor Subd.) Map No. 124, Lot 2; County Tax Map Item No. 1000-126-10-part of 1.3. 7:50 p.m. Application of Patricia A. Bailey, RR #1, Box 114, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to subdivide three merged lots, and approval of insufficient area of proposed lot #2, approval of insufficient front yard of proposed lot #3 of said lots at 2155 Skunk Lane (Bay Ave.), Cutchogue, NY. Above mentioned front yard of proposed lot #3 faces Leslie Road, Cutchogue; bounded north by Nerone, Ficht, McCleery, bounded west by Bay Avenue, bounded south by Maly, Price, Leslie Road, bounded east by Swiatocha; County Tax Map Item No. 1000-97-4-11, 12, 17. 8:05 p.m. Application of Gunter Morchel, Nassau Point Road, Cutchogue, NY (Swim King Pools, Route 25A, Rocky Point, Page 2 - Board of--Appeals Regular Meeting of August 6, 1981 legal adv. NY 11778 as agent) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct an inground swimming pool in the front yard area at the corner of Nassau Point Road & Old Menhaden Road, Cutchogue, NY; also known as Nassau Point Subd., Filed Map ~156, Lots 17, 18; County Tax Map Item No. 1000-111-9-3. 8:20 p.m. Application of Warren A. Sambach, 173 Hillside Avenue, Williston Park, NY 11596 for a Variance to the Zoning Ordinance, Art. III Sec. 100-31 & Sec. 100-36 for permission to construct addition with insufficient side yard area and rear yard setback at Dogwood Lane, East Marion, NY; also known as Gardiners Bay Estates Subd., Filed Map #95, Lot 96; County Tax Map Item No. 1000-37-1-9. 8:30 p.m. Application of Salvatore Caiola, 74'Irving Place, New York, NY 10003 (by Samuel J. Glickman as attorney) for a Variance to the Zoning Ordinance, Art. III, Sections 100-30A (1) & 100-32 for permission to amend Building Permit #11152 Z, which was issued for storage building, a permitted use Amendment to living unit is not permitted with an existing dwelling on premises without a Variance. Location of property: 49975 County Road 48, Southold, NY; bounded north by Sound View Avenue, west by Sawicki, south by C.R. 27, Droskoski, Wolanski, east by Madsen, Kamps, Demi[rack, Dakis, Andriotis. County Tax Map Item No. 1000-51-3-8, 9, ~2.~, 13.2~ ~ 8:45 p.m. Application of Frederick T. Horn, 297 Sunset Avenue, Westhampton Beach, NY 11978 for a Variance to Section 280A Subsection 3 of the Town Law for approval of access of Case's Lane Extension, Cutchogue; bounded north by Path Way, west by Fairway Farms, south by Cases's Lane Ext., east by Horn, Bouffler; County Tax Map Item No. 1000-109-5-north section of 14.1. 8:55 p.m. Application of Northville Industries Corp., P.O. Box 111, Riverhead, NY 11901 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 (A & B) for permission to use part of premises for commercial docking and mooring with parking storage area in an A Residential-Agricultural Zone. Location of property: 610 Naugles Drive, Mattituck, NY; bounded north by Petersen, Robinson, west by Naugles Road, south by McKenna, east by Mattituck Creek; County Tax Map Item No. 1000-99-4-18. Owners of property: Mr. & Mrs. Joel McElearney, 66 Alpine Way, Huntington Station, NY 11746. Dated: July 24, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, July 30, 1981 and forward nine affidavits of publication to: Board of Appeals, Town Hall, Main Rd., Southold NY 11971, as soon as possible. ' FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ PLEASE TAKE NOTICE that your application dated ..........YF_M~..~.~- / ........... , 19 ..... ~/ for ~m!t ~ ct.. ~ ~.. ~ ~.. ~ ~ ~ .~e ~~ at Location ofPrope~y /~'~ ~Y.. ~ ~ / -- h36~ ~o ~ ..... ~3i " '~ ................... h~i~ County Tax Map No. 1000 Section ... [~ ...... Block .... ~ ....... ~t .. ~(~: ( ..... Subdivision ................. Filed Map No ................. Lot No .... ~ ........ ~ returned herewith and disapproved ~n the follow~g ~ounds .~~ ~..0.~ ........ Building Inspector RV 1/80 ~TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE ...,T~l~..22~...L~8 ]. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ], (We) l~ed~r.~k...~.,..llo~'a ............................ of .29.7...~e,t;..A~.e~te .................................. Name of Appellant Street and Number W~s~hamD/:o~..B~a~h ........................................................... I~,¥. ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ......~,.,..../.,..!.~..~.!.~..~. ................ WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ) ( ) Fredrick T. Horn Name of Applicant for permit of ..297...Susme~,..Ave~tm....~es.ttm~.ton..~.~....~3'.,. .......................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY ..(~,~,l~.eLl.~...[~l),e..~l[l~,, ........................ .,~........~,.~ ...... Street Use District on Zonin'/J"~Map . 000- ......................... 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.) ~eC. 280 a aea~ a?Drnval r~a?~-~,a 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access !~tate of New York Town Law Chap. 62 Cons. Laws Arr. 16 Sec. 280A Subsection 3 ~ 4. PREVIOUS APPEAL A previous appeal (J~lik4~s not) been made with respect to this decision of the Building Inspector or with respect to this property, t30 D~'e~iot~ aDDea], by this Such appeal was ( ) request for a special permit appellanl:. ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that tO detet~nine that property is suitable :~or buildin$ a single ~nily residence. This variance is desired prior to ~ormal clos~n~ on the property. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because 1o+ id e J-i STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 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 /Ol,~Op~r~t/-.// I'~ / OC~ ~L~ 3. The Variance would observe the spirit of the Ordinance and. WOULD NOT CHANGE THE CHARACTER ©F.THE~DISTRIC'I' because i~8[i~:~l~iOtl O;~ eliisllil~g ~Ce~8 ~'o~l.d to ~ts p~pe~y ~ill con~i~ ~ ~isttng ~cess ~ad p~ed ~d veil ~intained, v~ch is ~ed as ~ ~cess to a public ~1~ co~se. STATEOF NEWYORK )/ ,~ .,,I .~. .....~.. ~ F~ ss ........... COUNTY 0/~ ~-~.~.~ ~ Signature ..... .... SWorn to this ............................ ~,,,'~ ....... day'of ............'......~......' .............. ]9(~/ Notary Public JUDITH T, TERRY Not~rY Public, ~t~te of New York NO, ~2.0344963 snffolk Ooun_t~9 Oommission £xl~iree March 30, LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended code of the Town of South- old, 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 Thurs- day, August 6, 1981 com- menclng at 7:15 p.m. and as follows: 7:15 p.m. Application of Donald C. DeLalin, P.O. Box 526, Cutchogue, NY for a Special Exception to the Zon- ing Ordinance Art. IH. Sec. 100-30 B (9)(a) for permission to dock and moor two boats not owned and used by owner of premises for his personal use between existing pilings at 554S Skunk Lane, Cutchogue, NY; bounded north by Timp- son; west by Baldwin's Creek; south by Faraguna; east by Bay Avenue (Skunk Lane); County Tax Map Item No. 1000.138-2-18. 7:25 p.m. Application of Margaret McGowan, 17 Aber- deen Street, Malverne, NY 11565 (by Gary Flanner Olsen as attorney) for a Variance to the Zoning Ordinance, Art. III Sec. 100-31 for approval in- sufficient area and/or width of two parcels due to the re- location of lot lines. Location of property: R-O-W south of Great Pecenic Bay Boulevard, Laurel; bounded north by Connelly, east by Johnston and Mormile, south by Alea- under, west by Kennelly; County Tax Map Item No. 1000-128-4-11 & 14. (Bay Ave.), Cutcbogue, NY. Above mentioned fTont yard of proposed lot #3 faces Leslie Road, Cutchogue; bounded north b~ Nerone, Ficht, Mc- Cleery, Sounded west by Bay Avenue,I bounded south' by Maly, Price, Leslie Road, bounded east by Swiatocha; County Tax Map Item No. 1000-97-4-11, 12, 17. 8:05 p.m. Application of Gunter Morchel, Nassau Point Road, CutchOgue, NY (Swim King Pools, Route 25A, Rocky Point, NY 11778 as agent) for a Variance to the Zoning Ordin- ance, Art. HI, Sec. 100-32 for permission to construct an inground swimming pool in the front yard area at the corner of Nassau Point Road & Old Menhaden Road, Cutch. ague, NY; also known as Nassau Point Subd., Filed Map #156, Lots 17, 18; County Tax Map Item No. 1000-111- 9-3. CbUNTY OF SUFFOLK 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 ........ j...~.. ................... day of/~C,~......~v ............... , 19.,.~.~. b ...... Sworn to before me this ................ ~.~)... ......... day of ........... ................ , Notary' rublic CLEMENT J. THOMPSON NOTARY PUBLIC, State of New York r~ 52-9321725 _ Reskliflg ia Su'do~k Carafe/ / ~ b[pO~ Much 30, l~ lng a permitted use Amend- ment to living unR is not permitted with an existing dwelling on premises wRhout a Variance. Location of prep- erty: 49975 County Road 48, Southold, NY; bounded north i by Sound View Avenue, west by Sawicki, south by C.R. 27, Droskoski, Wolanski, east by Madsen, Kamps, Demitrack, Dakis, Andriotis. County Tax Map Item No. 1000-51-3-8, 9, 12.2., 13.2. ~8:45 p.m. Application of Frederica n- ~uoded north by Pat~ ~0rth ' qf 14_1~ BOARD OF APPEALS CHARLES GRIGONIS, JR., Chairman IT, 7/30/81 (2) __ 3°!3a'x3 ~ 3°HalU1 Legal Notices LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be be]d by be Seathold Town Board of Appeals at the South- old Town Hall, Main Road, Seatbeld, NY On Thursday, August 6, 19~1, commencing at 7:15 p.m. and as follows: 7!15 p.m. Application of Donald C. DeLaHa, P.O. Box 526, Cutchngue, NY for a Special Exception to the Zon- lng Ordinance Art. III, Soc. I00-30 B (9) (a) for permission to dock and moor two boats not owned and used by owner of premises for his personal use between existing pilings at 5545 Skunk Lane, Cutchngue, NY; bounded north by Timp- son; west by Baldwin's Creek; south by Faraguna; east by Bay Avenue (Skunk Lane); County Tax map Item No. 10~0-138-2-18. 7:25 p.m. Application of Margaret McGowan, 17 Aber- deen Street, Malverne, NY 11565 (by Gary Flanner Olsen as attorney) for a Variance to the Zoning Ordinance, Art. III Sec. 100-31 for approval insuf- ficient area and/or width of two parcels due to the reloca- tion of lot lines. Location of property: R-O-W south of Great Peconic Bay Boulevard, Laurel; bounded north by Con- nelly, east by Johnston and Mormile, south by Alexander, west by Kennelly; County Tax Map Item No. 1000-128-4-11 & 14. 7:35 p.m. Application of Kenneth I. & Judy M. MeFalI, 245 East 40th Street, New York, NY 10016 (by Gary Flanner Olsen as attorney) for a Variance to the Zoning Ordinance, Art. III Soc. 1(~0-31 for permission to construct one-family dwelling from pre- existing chapel with insuf- ficient rear yard setback at 7216 Great Peconic Bay Boule- vard, Laurel, also known as Laurel Acres Minor Subd. (Piccione Minor Subd.) Map No. 124, Lot 2; County Tax Map Item No. 1000-126-10-part of 1.3. 7:50 p.m. Application of Patricia A. Bailey, RR #1, Box 114, Cutchngue, NY for a Var- iance to the Zoning Ordinance, Art. III, Soc. 100-31 for permis- sion to subdivide three merged lots, and approval of insuf- ficient area of proposed lot #2, approval of insufficient front yard of proposed lot #3 of said lots at 2155 Skunk Lane (Bay Ave.), Cutchogue, NY. Above mentioned front yard of pro- poeed lot//3 faces Leslie Road, Cutchogue; bounded north by Nerone, Ficht, McCleery, bounded west by Bay Avenue, bounded south by Maly, Price, Leslie Read, bounded east by Swtatocha; County Tax map Item No. 1000-97-4-11, 12, 17. 6:05 p.m. Application of Gunter Morchel, Nassau Point Read, Cutchogue, NY (Swim King~[gs, Route 25A Ree~y Po nP~ 11778 as agent) for a Variance to the Zoning Ordi- nance, Art. III, Sec. 100-32 for permission to construct an ingreand swimming pool in the front yard area at the corner of Nassau Point Road & Old Menhaden Read,' Cut- chogue, NY; also known as Nassau Point Subd., Filed OF SUFFOLI/, ] F NEW YORK, ~ ss: Map #156, Lots 17, 18; County Tax Map Item No. 1000-111-9-3. 8:20 p.m. Application of '..Gl~.s.~avson being duly Sworn, Warren A. Sambach, 173 Hill- ' ........................ side Avenue. Williston Park, he .. is Printer and Publisher of the SUFFOLK NY 11596 for a Variance to the ...... Zoning Ordinance, Art. III TIMES, a newspaper published at Greenport, in said Sec. 100-31 & Sec. 100-36 for permission to construct addi- Id that the notice, of which the annexed is a printed tion with insufficient side yard area and rear yard setback at been published in ihe s~id Suffolk Weekly Times Dogwood Lane, East Marion, NY; also known as Gardiners ich week, for one weeks Bay Estates Subd., Filed Map ........................... #95, Lot 96; County Tax Map item No. 1000-37~1-9. ,ly commencing on the .... 3.Q'~h ................. Salvatarc Caiola. 74 Irving .... Place, New York, NY 10005 (by Samuel J. Glickman as ....................... Zoning Ordinance, Art. III, before me th Sections 100-30A (1) & 100-32 .... .~..1~.~. ...... 1 .'<'.~9~ .' I ! for permission toamend Build- HELEN K DE VOE NOtARy P~JB[~Cr State of New York No 470787,~, Suffolk Ceunh, Tqm £xp~res March 30, l~ ing Permit #11152 Z, which was issued for storage build- ing, a permitted use Amend- ment to living unit is not permitted with an existing dwelling on premises without a Variance. Location of pro- perty: 49975 County Road 48, Southold, NY; bounded north by Sound View Avenue, west by Sawicki, south by C.R. 27, Droskoski, Wolauski, east by Madsen, Kamps, Demitrack, Dakis, Andriotis. County Tax Map Item No. 1000-51-3-8, 9, 12.2, 13.2. Northville Industries Corp., P.O. Box 111, Riverheed, NY 11901 for a Variance to the Zoning Ordinance, Art. III, Soc. 100-30 (A & B) for permis- sion to use part of premises for commercial docking and mooring with parking storage area in an A Residential-Agri- cultural Zone. Location of pro- perty: 610 Nangles Drive, Mattituck, NY; bounded north by Petersen, Robinson, west by Naugles Road, south by McKenna, east by Mattituck Creek; County Tax Map Item No. 100099-4-18. Owners of property: Mr. & Mrs. Joel McEleerney, 66 Alpine Way, Huntington Station, NY 11746. Dated: July 24, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN 1TJy30-373~ Addendum to Legal Notice 8/6/81 Board of Appeals Regular Meeting On Monday, July 27, 1981, copies to: ~Donald C. DeLalla ~.Margaret McGowan -~Gary Flanner Olsen, Esq. as attorney for Mrs. ~Kenneth I. & Judy M. Mc Fall Gary Flanner Olsen, Esq. as attorney for Mr. Patricia Bailey Mr. & Mrs. Gunter Morchel Swim King Pools, as agent for Mr. & Mrs. Morchel JMr. Warren A. Sambach ~Mr. Salvatore Caiola ~Mr. Samuel J. Glickman, as attorney for Mr. Caiola ~ Mr. Frederick T. Horn ~Northville Industries Corp. Z.B.A. members T.B. members Town Attorney Supervisor ?~ Town Clerk Bulletin Board Appeal Files Margaret McGowan & Mrs. McFall Mr. & Mrs. Joel McElearney, owners of property of Nor~hville Ind. Corp. appli Today's Date: Members Absent, if any: Appeal No. Agenda Item/~Xlatter of: of Variance Appeal: Resolution made by: Seco n ded by: Action: (~/~ Approve er e ..Charles . ~o~Jn Robert ~ Gerard ~!oseph. Dougrass ~oenrmger ~awicK~ ( ) ( ( ) (vz) ( ) ( ) ( (~ ( ) ( ) as applied for ( ) Deny as applied for ( ) Deny ( ) Deny without prejudice ( ) Withdrawn without Prejudice ( ) ( ) Approve with the followin9 conditions: ) Subject to County Plannin9 referral ) .Subject to Planninq Board approval ) Subject to D.E.C. requlations ( ) Other: Findings of the Board are as follows: Other: Not W'ithin the Character of the Neighborhood Variance is Substantial in Relation to Code If so, Hardship not sufficient Hardship or Difficulty Not Unique Will set a precedent in the neighborhood Area is already very congested Interests of justice served by denyin9 Grantin9 the Relief Requested is within spirit of the zonin9 code Relief is not substantial Burden of hardship or difficulty shown and is unique Variance will not change character of the neighborhood Interests of Justice served by 9ran~in9 Vote of the Board : Ayes: (Y~ CG (/)SD (~ RD (/ GG (~ JS Nay: ( ) ( ) ( ) ( ) ( ) Abstain: ( ) ( ) ( ) ( ) ( ) Absent: ( ) . ( ) ( ) ( ) ( ) Notes: Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 S0UTHOLD. L.I.. N.Y. 11cJ71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. T:' R ~, ',' TUT:',', L L ROBERT J. DOUGLASS GERARD P. GOEHRINGER N.Y. S · Joseph H. Sawicki NOTICE OF DECLARATION PURSUANT TO ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2850 Application of: Frederick T. Horn Location of Property in Question: Cases's Lane Extension, Cutchogue, NY County Tax Map Item No. 1000- .~ 109-5-14.1 :. Project Proposed by Appeal Application: Approval of access is required. 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. The property in question is not located within 300 feet of tidal wetlands. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal appli- cation. Dated: July 15, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Copies to: Town Clerk Bulletin Board Applicant/Agent ZBA file K JUDITH T. TERRY - TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 July 6, 1981 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2850, application of Frederick T. Horn for a variance. Also included is Notice of Mailing , Short Environmental Assessment Form, Notice of Disapproval from the Building Department and survey of the property. FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall Southold, N.Y. 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions This application must be filled in typewriter OR ink, and submitted in duplicate to the Building Inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of peoperty showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. Fees: 1. Certificate of occupancy $5.00 2. Certificate of occupancy on pre-existing dwelling o~ $5.00 3. Copy of certificate of occupancy $1.00 Date.. ':~z: ~(~' / / ~'~?//' .............Od or Pre-existing Building ............ Vacant Land . .~.. ......... New Building Location of Property u"..".' :~ .~. ~ 't>.7t/.,~., .~, ~...,.~,,.,~.;.. House No. Street Hamlet ~b.: .'t ~;'..'~. ~ ................................. Owner or Owners of Property ~'.,~,~;..., ~; ... County Tax Map No. 1000 Section .. ~.~. z;i/~ ..... Block ............... Lot ................ Subdivision ................................. Filed Map No ........... Lot No .............. Permit No ........... Date of Permit .......... Applicant .................................. Health Dept. Approval ........................ Labor Dept. Approval ........................ Underwriters Approval ........................ Planning Board Approval ...................... Request for Temporary Certificate ..................... Final Certificate ....................... Fee Submitted $ ............................. Construction on above described building and permit meets all applicable codes and regulations. Rev. 10-10-78 SHOP, T EHVIRONMENTAL ASSESSMENT F INSTRUCT!OHS: ~ ('a-~--~ order to answer the questions in this short EAF it is assumed that the preparer will use. currently available informat£on concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that project is not significant. '..'.. (dj Environmental Assessment . l. ¥l&11 projecL result in o large physical change to the project site or physically alter...........more than 10 acres of land? .............. Yes No 2. ~'1~11 there be a major change to any unique or -unusual land form found on the site? ........... Yes,(N0 3. Will project alter or have a large' effect on ' existing body of %voter? ....................... , Yes,, , o 4. %'1ill project have a potentially large impact , /~"t'~ On groundwater quality? ....................... Yes. o 5. %'1ill project significantly effect drainage flow on adjacent sites?. . ~ ...... ~.,. Yes.~ endangered plant or animal species? ........... Yes~No. 7. %'Jill project result in o major adverse an air qua ................... · .... · .... ,-, es o 8. ~'ti~l project have o major effect on visual character of the community or scenic views or es~ vistas known to:be imporlont to the community?, '¥ ,No ~. %';ill project adversely impact any site or .. structure of historic, prehistoric or paleontological importance or any site designated os a critical environmental area ..... v-. Yes. XNo by a local agency? ............ -.= ........ ~"~--~' 10. %~ill projec¢ have a major effect on existihg or [uture recreational opportunities? ......... Yes,~No 11. %~ill project result in.major traffic problems o~ cause o major effect to ex.isting transportation systems? ....................... Ye, No 12. %'~ill project .regularly cause objectionable odors, noise, glare, vlbrotion, or electrical · disturbance as o result of ~he project's or.safety? .................................... YesX, No 14, Will p~oject off ecl the existing communLty by directly causing o growth in permanent population of more than 5 percept over o one year period or have o major negative effect on the character of the community or neighborhood? ............................ . ,... .. ,,Yes~N° 15. Is5there¢? public controversy concernLng ¢he ~es' ~No pro ec ...................................... , ...... (Today,s~D/a~e/)~j To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at 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. [ ] not appear to 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 fall within the jurisdiction of the N.Y.C.D.E.C.] Sincerely yours, (Sig~ture please) TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE ....~tltte..,32.j,..,l_,98 l TO THE ZONING BOARD Of APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ~"Lp~d~,4.(Zk..~v...~L~ .......................... of .2.gT..$tmset..~enue .................................. Name of Appeha,nt Street and Number ~lg~;~alapl;otl..l~lt~h ........................................................... ~; .......... HEREBY APPEAL TO Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ( ) Name o~F',~pplicant to~-permit of .. 2.97... ~m~et....~etme.,.. ICeet' .l~a~.t¢~,. :l~ear~t ....I~ .s~.~ ......................... Street and Number Municipality 3 a · PERMIT TO USE ) PERMIT FOR OCCUPANCY 1, LOCATION OF THE PROPERTY ..~,~ae~B..~..EXI~, ............................................................ Street Use District on Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( X) A VARIANCE due to lack o~ 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 a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that I:0 del:ez~af~ae I:hat: properl:y ~s suf. l:abl.e ffo~ bu~d~ng a $~ngle J~am~y resLdence. Th~s variance ~o desk.ed prLor 1:o £oz~al. close, ag on the pL. opezt:y. ~'orm ZB! (Continue on other side) REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- USe.. 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 /Cc 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 'ltlsp~ct;l. Oa O~ ~1~:!,~I:'113~ ~¢e~ t'Olii~ to ~tf.o property vi. Il con~:Lrm ~n exist::Ln~ access Load paved and well m~lntained, which is used es an access to a public 8o].£ course, COUNTY OF . . ............. ~/, ...........~i~;f~;'; ............................... Sworn tn this ............................ ~.,~ .......' f ................ JUDITH T. TERRY Nota~/ Public, State of New York No. 52-0344963 Suffolk Courtty/7,~ Commission Expires March 30~ 19,t~ 7.2A(c) LINE 3.0A(c) 3 2.6A(c) 4 r4.3 1.3 A (c) LOA(c) 2O5¸ r.2A(c) 205¸ I.OA(c) TEE LA (5o'1 {4,7 (32) 14.32 26 3 LOA(c) ~ 25 ' LI A(c) (15) DR. 14,20 {.0 A(c) I.OA(c) GREEN 243¸ WOOD WAY I.I A(C) 14,,37 12.0A(c) FCR mARCEl_ NC, SEE SEC NO 116- MATCH I0 II 12 (~o') 7.8 A{c') SEE S 54A (c) 7. lA(c] 19 16.1 6.7A (c) BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : ~edz~.ek T. llotn : to the Board of Appeals of the Town of Southold : TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it ~s the intention-of.the undersigned to petition the Board of Appeals of the Town of SouthOld to request a (¥ar.L~).(.~aea-,~l~:~au;~i~a~.(,~oec. ia~t~L(the following relief: approval o£ access reqtt~red ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: vacant land ad_taeent Cedars ~o1£ Club on~sotff:h~ and eaat:~ Bou££iet on north; Cases Lane Ext. on west l~ap Sec. 1000-109-5-14.1. ! 3. Th~at the proj~erty which is the subiect of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will recju_e_st the following relief: Approval of access road, Town La~ 280a $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: To1~a ~ See, 280a 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman,,newspapers published in the Town of Soutbold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Post Office Address 99_7 ~,me~e Westh~l:on Beach. NAME PROOF OF MAILING OF NOTICE ADDRESS PS Form 3800, Apr. 1976 CONSULT POSTMASTER FOR FEES m PS Form 3800, Apr. 1976 ~ ~ CONSULT POSTMASTER FOR FEES ~ ~ OPTIONAL SERVICES R~URNRECEI~SERVICE ~1 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~S~ ~ ~. I ' being duly sW°rn' dep°~ and says that °n the~ __~ day of ~ I~ ,19 · , deponent mailed a true bopy of the Notice set forth on t~e re- vere side hereof, directed to each of the above-named penons at the addr~ set opposite thor respectLve names; that the addresses set opposite the names of ~id ~rsons are the addr~ses of said ~rsons as shown on the current ass~sment roll oLthe Town ~[ Sou~ld; that ~id Notic~ were mailed at the United States Post ~- rice at ~6~ ~ k ~" ' ; that ~id Notic~ were mailed to each of said persons by (certified) ~) mail/ Sworn to befo~ me.~his day of ~ ,19 ,~/ Notary Public JUDITH T. TERRY Notary Public, State of New Yol~ Cou t4o. 52.0344963 Suffolk OommiSsion ,~pires March