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Home My WebLink About2826Smith DR., Southold CA-construct dwelling w/insuff, front and rear yard setbacks. TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2826 by application DatedMay 1, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Herbert Hoffman by Mrs. Jules Adriaenssens .Box 76F, R.R. #2 Mattituck, NY 11952 9/14/81 DATE ....................... Appellant at a meeting of the Zoning Board of Appeals on June 18, 1981 was considered and the action indicated below was t~ken 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 %he Zoning Ordinance Art. III, Sec. ( ) 100-31 the appeal 1. ~anted ( ) be deEed pursuant to Article .................... Section .................... Subsection .................... para~aph .................... of the Zoning Ordinance and the decision of the Building I~peetor ( ) be reversed ( ) be co~irmed b~ause Public Hearing: 6/11/81 & 6/18/81: Application of Herbert Hoffman by Firs. Jules Adriaenssens, Box 76F, R.R.#2, Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct dwelling with insufficient front and rear yard setbacks at Smith Drive, Southold, NY; also known as Goose Neck Subd. Lots 106, 107, 113 and part of 114, Filed Map #1663; County Tax Map Item No. 1000-76-2-34.1. (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 (SEE REVERSE SIDE) practical difficultles (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 (SEE REVERSE SIDE) (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. CG: Ik FORM ZB4 ZONING BOARD OF APPEALS After investigation and personal inspection, the Board finds and determines as follows: By this appeal, appellant seeks permission to construct a new one-family dwelling with an insufficient frontyard setback off Smith Drive North of 30 feet and an insufficient rearyard setback of 16'2" at the property line joining the premises presently owned by Carway (Subdivision Lot No. 112). The premises in question contains an area of approximately 23,450 square feet, but due to its peculiar shape, the Board agrees with applicant's reasoning that an average dwelling design could not be situated without requiring relief from a variance. The Board finds that the relief requested is within the spirit of the zoning ordinance; that the relief requested is not substan- tial in relation to the code requirements; that the circumstances present are unique; that the character of the neighborhood would not be adversely affected; and that the interests of justice would be served by granting the relief subject to the below-speCified conditions. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Herbert Hoffman be granted a variance to the zoning ordinance requested in Appeal No. 2826, SUBJECT TO THE FOLLOWING CONDITIONS: (1) That there be a minimum frontyard setback of 28' from the Smith Drive North property line; (2) That there be a minimum rearyard setback of 20' from the rear property (presently Carway) property line; (3) That proper shielding of 25' or more as needed be main- t~ined for shielding the house, such as stockade fencing or hedges [not exceeding the height requirements of the code]. · Location of Property: Smith Drives, Southold, NY; Subdivision Map No. 1663, Subdivision Lots No. 106, 107, part of 114; County Tax Map Parcels No, 1000-76-2-34.1. Goose Neck 113 and Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Sawicki and Grigonis. (Member Doyen, Fishers Island, wa~ absent.) ,PPROVED Chairr~an Board of ~.,~'oeals /7 RECEIVED AND FILED BY THE SOUIHOLD TOWN CLERK DATE ~/I/.~/~l HOUR/~ Town Clerk, Town of 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, June 11, 1981 commencing at 7:15 p.m. and as follows: 7:15 p.m. Application of Edward P. Bertero. 1240 Inlet Drive, Mattituck~ NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for a~prova~i~f insufficient area of two proposed parcels known as Capt. Kidd Estates Subd. Lots 97 and 98, Filed Map #1672; also known as 1240 Inlet Drive, Mattituck, Ny;County Tax Map Item No. 1000-99-2-6. 7:30 p.m. Application of ~nna L. Bertero, 955 Inlet Drive, P.O. Box 977, Mattituck, NY for a Variance to the Zoning !Ordinance, Art. III, Sec. 100-31 for approval of insufficient area of three proposed parcels known as Capt. Kidd Estates Sub/d. Lots 74,75 and 76, Filed Map #1672; also known as 955 Inlet Driye, Mattituck, NY; County Tax Map Item No. 1000-99-2-8 and 14. 7:40 p.m. Application of Herbert Hoffman by Mrs..Jutes iaenssens, Box 76F, R.R.#2, Mattituck, NY for a Varzance to Zoning Ordinance, Art. IIII ~ec. 100-31 for permission to struct dwelling with insuffzczent front and rear yard setbacks Smith Drive, Southold, NY; also known as Goose Neck Subd. Lots 106, 107,113 and part of 114, Filed Map #1663; County Tax Map Item . 1000-76-2-34.1.- 7:55 p.m. Application of Susan C. Trentalange, 124 Cherry Valley Avenue, Garden City, NY 11530 for a Variance to the Zoning Ordinance, Art. III, Sec. ~00-31 for permission to construct deck with insufficient front yard setback at 90 Haywaters Road, Cutchogue, NY; also known as Nassau Point Subd. Filed Map #156 Lot 272; County Tax Map Item No. 1000-111-2-4. Page 2 - Board of Appeals Regular Meeting of June 11, 1981 legal adv. 8:05 p.m. Application of Keith and Arden Scott McCamy, 76375 Main Road, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to build garage in sideyard area at 76375 Main Road, Greenport, NY; bounded north by Levine, Mazzaferro and Corwin; west by Union Free School Dist. No. 10 and Mazzaferro; south by Main Road; east by Levine; County Tax Map Item No. 1000-48-1-2. 8:15 p.m. Application of Frank J. Abbadessa, 14 Walden Place, Great Neck, NY 11020 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct addition to dwelling with insufficient sideyard area at 1200 Maple Lane & 55 Snug Harbor Road, Greenport, NY; Cleaves Point Sec. II Subd. Filed Map #3521, Lot 40; County Tax Map Item No. 1000-35-6-1. 8:30 p.m. Application of Mobil Oil Corp., 464 Doughty Boule- vard, Inwood, NY 11696 for a Special Exception to the Zoning 0rd- inance Art. VII 100-70B & Art. XI 100-118E for permission to replace existing nonconforming tanks at the S/W corner of Main Road & Youngs Avenue, Southold; bounded north by S.R. 25; west by Frohnhoefer; south by Sullivan; east by Youngs Avenue;County Tax Map Item No. 1000-61-4-23. 8:45 p.m. Application of Nicholas W. Ippolito, 36 Gehrig Street, Commack, NY 11725 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct addition to dwelling with insufficient ~front, side and rear yard setbacks at 230 Carol Road, Southold, NY; bounded north by Stachtiaris; west by Carole Road; south by Hass; Tax Map Item No. 1000-52-2-7. 8:55 p.m. Co., Box 1058, east by Arshamomaque Pond; County Application of Peconic Corp., c/o Norris Grain Ocala, FL 32670 for a Special Exception to the Zoning Ordinauce Art. III, Sec. 100-30 for permission to convert barn with existing one-f~ily use to a two-family dwelling use at the South side of New Suffolk Avenue, Mattituck; bounded north by New Suffolk Avenue, Cichanowicz, Dove, Reeve and Brooks; west by Page 3 - Board of Appeals Regular Meet&ng of June 11, 1981 legal adv. Camp Mineola Road, Reeve, Murphy, Peters, Smith, Norris and ors.; south by the bay; and Park Avenue; County Tax Map Item No. Wickham, Esq. as attorney). Kirchgessner, Haberman, east by Wickham, Bagshaw 1000-115-9-4, (by A. A. 9:15 p.m. Application of Charles. Bocklet, 1295 Robinson Lane, Peconic, NY, (by Peter R. Stoutenburgh as agent) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for per- mission to construct swimming pool with fence in front (and/or sideyard) area at 1295 Robinson Lane, Peconic, NY; bounded north by Suskevich; west by Robinson Lane and McQueen; south by the bay; east by Wood; County Tax Map Item No. 1000-98-5-2, 3, 4. Dated: May 22, 1981. BY ORDER OF THE SOUTHOLD TOWN BOkRD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, May 28, 1981 and forward 10 affidavits of publication to: Mrs. L. Kowalski, Secretary, Board of Appeals, Town Hall, 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 PLEASE TAKE NOTICE th~at your~application dasd../~'..~..~.../ ............... 19 .~. '/.. for pe~it to construct... ~.&~:.. ~.~ f.~..~ ~/~ ~y ....... ~- ........... at Location of Property ~Z~ ~, ~o,. ............ ~~T~ co~t~ ~ ~a~ ~o. ~000 S~c~o~ ... ~.Z( ..... ~o~k ... ~. ~ ...... ~t .~. ~... ~ ~' Subdivision ..... ~;~ ...... Filed Map No .................... is returned herewith and disapproved on the follow~g grounds. ~. ~/.~(~. ..... ~.T..~.. ~e.d~ .... ~F..~.¢~ ~..-.. Build~g Inspector RV 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 Examined ................ ,19... Approved ................ , 19... Permit No ............ Disapproved a/c ..................................... Application No .................. (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing locatiou of lot and of buildings on pre~nises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspectgr. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises.., and in buildings for necessary 5: spe~ti°ns' ~~n)-- ~ignl~atat~' ~~~'')~'o~ ' ' : s (Mailing address of applicant) ~ \ c~ 2L State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. .... · .... .................................................... Name of owner of premises . .~.~.:..c-.~::> ~ .~.. '.-~...¥~ ~..~ ..~ .~X'x.C,..~P~..~ ..hQ..~... ............................. (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..~.x.~. Electrician's License No. \ ~ ~' x~ Other Trade's License No ...................... I. Location of land on which proposed work will h~ a~,,,~ 1% erx ~ ¥ ~ [--~ r, ~ ~ ~.o .~ 9. ..................... .$. ~'~, ~...-'O.c....~.o.. ........... .$.o..¢..~.~,,o.~, .& ..................... House Number Street Hamlet County Tax Map No. 1000 Section ~'.~".: .~.~.~ ....... Block . .~.. ~ ........... Lot Subdivision..~.o..o.~/../.¥¢~¢./.r~.... ................ Filed Map No..t,~6..,~ ....... Lot ............... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ...~ .OCE.O,. i~\ ..,.~- ....................................................... b. Intended use and occupancy ..... CxO..?, .% ~_, .................................................... 10. 11. 12. 13. 14. Nature of work (check which appl le): New Building v/ Add Alteration "' .. Repair .............. Removal .............. Demolition .............. Other Work ............... Estimated Cost ~ .~. ~ ~ ~ o o -- (Description) (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 nature and extent of each type of use ..................... Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories. Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories Height ............... Number of Stories ~ ..... Date of Purchase [o~-~ ~ '? .............. ~q'ame ;~'~o'r~e'r'(~(v~' ' ' ~JepEn ...................... Zone or use district in which premises are situated ..................................................... Does proposed construction violate any zoning law, ordinance or regulation: Name of Architect .k..~.o?>.~..oS.e. ~. fi.b,, o .L ....... Address .-~q-.~..~.o..~ ......... Phone No. (do ~ :. 3 5 ~ o Name of Contractor g.~..~?.~i ,~q~e x0..e,~ie~ 5 .......... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and~ indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YOR[([ COUNTY OF..:~.~.~.'~ ~.[ .... . S.S ..... ~ ?' i'~ ......... ,¢~./~ ./.Q'.~/)&~'..~.~..~ ........ being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. (Contra.ctor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application a,e true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ........... ~.~.~!'~.. :~.. j.~...dasm:rF .................. , 19(:5/ XlotaryPublic ~ ,,~£(~ ~. f, ¢-'~,./;~?~, ,7, ~ ,z,/-~.. J2ou~ty- ,q . /?. , Ouahl~c~' ~n2~q~o~?~ounty ~/ (Signature of applicant) Commission Expires f~larcg 30, 198~ ~- TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR ~ ~,~,¢~-~, ~ ~ ~ ..~..~.&~.! ......... ,/dcOl~.~ '~,.~ ~-)c~, ~'~,~' \t"-~;°[ DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, (We~ .i'~.:...~..~......'..~....~-~..~..,...~...C...~...~ ............ Name{-bf Appellan.t Street and Number ......... ....~....c~z~z,,~ ................................................. ~....~ .......... ~EREB¥ APPEAL TO Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ...................... APPLICATION FOR PERMIT NO ..................................... DATED ......../)q '~/,.:,..~..=1.....,..~. WHEREBY THE BUILDING INSPECTOR DENIED TO Nome~f Applicant for permit o, ..... 5.~.o ...... ~..q~.,.~...'..'~.~,,~..,..~~~...~....q. Street and Number q,~ Municipality State ~,~ ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY Street Use District on Zoning Map ' I ...o...i.x. ~ ................................. ~....o....~.~. .... 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 ( V~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeol was ( ) request for a special permit ( ) ~equest 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 ~o~ ~1 (Continue on other side) ~ . ~~- REASON FOR APPEAL Continued 1, STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 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 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because COUNTY OF J'~ITOII- ) Sworn to this .................. ' / ........................... day of ............~%.~s(,. .......................... t9 <~ \ NOTARY pUBLIC, State of ff~ Yolk NO, 52-81Z5850, Suffolk Term Expires MaTch 30, [gP- DEPARTMENT OF PLANNING Town, of Southold Board of Appeals (516) 360-5513 October 9, 1981 Pursuant 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. ~plicant ~m~cipal File Number Agnes Dunn Joseph & Sara Woolston Donald Scott Peter & Helen Puric David Strong Perrie Pascucci Robert Ketcham Wilhelm Franken Herbert Hoffman / Susan Trentalange Keith & Arden ScOtt McCamy Charles Bocklet Peconic Corporation Frank Battel Colonial Corners, Inc. Phebe Bridge Estate Peconic Bay Gardens Inc. Warren Sambach Margaret McGowan Kenneth & Judy McFall Gladys Bayles John Lee Sonny Brown 2803 2814 2819 2821 2822 2823 2824 2825 2826 2829 2830 2834 2835 2837 2839 2843 2845 2849 2852 2853 2864 2865 2873 Very truly yours, ~GN:Jk Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner H^UP.^U~Z. L. ,...~W YO.K · 11788 Southold Town Board of Appeals I~AIN ROAD- STATI~ ROAD 25 50UTHrlI_D, L.I,, N,Y. 11971 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 III , Section 100-51 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section -- Special Permit Appeal No.: 2826 Applicant: Herbert Hoffman, Location of Affected Land:Smith Drive, Southold, County Tax Map Item No.: 1000- 76-2-34.1 Within 500 feet of: __ Town or Village Boundary Line )iX Body of Water (Bay, Sound or Estuary) Goose Creek __ 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, by Mrs. Jules Adriaenssens or Within One Mile of a Nuclear Power Plant ~ Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to a~trllC~ d~]3 ~ug with insufficient front and rear yard setbacks. Public hearing held 6/11/81 & 6/18/81. At a meeting of 6/18/81, a~licant was granted a variance m~b~ent ~D ~d~in~. Copies of Town file and related documents enclosed herewith for your review. Dated: October 1~ 1981 ~_~_..,~. Secretary, Boar~ of Appeals -/ APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. T-ER R-Y--T UT H I L L ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki Southold. Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLO. L.I., N.Y. 11971 TELEPHONE (516) 765-1809 September 15, 1981 Dear Sir: Enclosed herewith is a copy of the filed decision of your recent appeal before the Board of Appeals for a variance or special exception. Please be sure to return to the Building Inspector for approval of the building permit and/or certificate of occupancy and that compliance has been met with all applicable conditions of your variance prior to the issuance of same when appropriate. If you have any questions, please do not hesitate to call. Yours very truly, CHARLES GRIGONIS, JR. CG:lk CHAIRMAN Enclosure Members Absent' if any: ~3'~ Appeal No. 2826 Agenda Item/Matter of: H0__F~I~N. HERB~IIT Type of Variance or Appeal: dwel~lg with insufficient f~O~ll_t Gild rea~ yard setbaek~ at Smith Drive, Southold Seconded by: Action: ~Charles %%.~k ~r~goms ) Approve as applied for ) Deny as applied for Deny Deny without prejudice Withdrawn without PreJudice ( ( ( ( ( ~eo~% Robert ~ Gerard ~IoseDh. Douglass uoenrmger baWlCK1 ( ( ) ( ) ( ( ) ( ) ( ) (V~pprove with the following conditions: (V) Subject to Countyhblanning referral ( ) '~ubject to Planning Board approval ( )'Subject to D.E.C.'regulations ( ) Other: Findings of the Board are as follows: Other: Not Within 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 denying ) Vote of the Soard: Ayes: (4 CG ( )SD (/') Nay: ( ) ( ) ( ) Abstain: ( ) ( ) ( ) Absent: ( ) .(~ ( ) Notes Granting the Relief Requested is within spirit of the zoning 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 9ranting (4 aG (/) Js () () () () () () APPEALS BOARD MEMBERS CHARLES GRIGONIS..IR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRtNGER Joseph H. Sawicki Southold Town Board of Appeals HAIN R{3AD- I~TATE RnAD 25 BQUTHnLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 June 12, 1981 Mr. & Mrs. Jules Adriaenssens Box 76F, R.R. #2 Mattituck, NY 11952 Dear Mr. & Mrs. Adriaenssens: This is to confirm that your Public Hearing will be reconvened at a Special Meeting of the Board of Appeals on Thursday, June 18, 1981 at ~:45 o'clock p.m. at the Southold Town Hall. Yours very truly, CHARLES GRIGONIS, CHAIRMAN CG:ec APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOENRINGER Joseph H. Sawicki Southold Town Board of Appeals HAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 June 12, 1981 Mr. & Mrs. Herbert HofFman 83 West Fourth Street Deer Park, New York 11729 Dear Mr. & Mrs. Hoffman: Thds is to confirm that your Public Hearing for Appeal #2826 will be reconvened at a Special Meeting of the Board of Appeals. The meeting will take place on Thursday, June 18, 1981 at 4:45 o'clock p.m. at the Southold Town Hall. Yours very truly, CHARLES GRIGONIS, JR. CHAIRMAN CG:ec Tax Map Item No. 1000-76~- 7:55 p-m~ ApPlication of COUNTY OF SUFFOLK ~' Susan C, '~T~,r.entalange,: 124 ss: Chen. yVlsll~Av~e,G~en STATE OF NEW YORK City; l, Pt t~a V~dance --: .,r,.rlpEt° the Zo~jll~j3''~'- -Ahr'~m~."'-. ,.%w~r thby ~ ,_ .~__ ueev e ancSuxwu- -- d l~'G~,l'l~a~ '~':~an°';Ltc:~t~;;~P l~tine' Pc~, ricia VVood, being duly sworn, says that she is the OF Brooks;---- eeve, IVIu~pb'y' , }1EREB'/ 'a Road, R r ltaber' 1tar, of THE LONG ISLAND TRAVELER-WATCHMAN, IqoTICE,,-,2~Snt tY Se?.°n_ ;ere,S, ~..i.r~chbge2~?' ad o~.,' ublic newspaper printed at Southold, in Suffolk County; GIVEI'I pu l~w nod tile ,,~an, srnnn, '~.~ ai the ToWn ~'* .~ended '"-.*}, by the u,.j, --d park thct the notice of which the annexed is a tinted copy, CoOe ox., ,~ec'~m$ duo ,'.',, AveUU~ i15.9.4, (by r~.,. \ beh¢}d I AUp¢als at_.t._ 9:15 ~:~¢t, 1205 Rob_' ~siveiy, commencing on the .....~.....~. ......................... BoarU o*-o,~n Hall, Iviau, Charles "~pecoff'-c, So~thold i[' ,d ~a on Th*,s' ~n cane, ~tontCnbu'Sh .~'_ ~-~X.~ ............................ ~V..~..\. m~ncin$ at ~.- - ~n~g ~rm~- ~,~ission to ~ ............................................................... folloWS:I A lica~OU oi Sec. 1~'32 ~°r~i~ o~l ~ith ~.t5 P.~' PP ,~ Inlet ~t~ sw~m,,,~ Y~5~r side- ~aru-.~. _~ NY ior ~ fence m -- ~ ~95 R°Um"'2 ~ve, Maa~[~c~uiug ordiu' yard) area ~ '~y. bouudeu v ~an~ to the -- ~.31 io~ ~ she peconiC, t~ ~ ~est by auc, ...ufficteut uo~ . ~dM~ n to before me th~s ................................ day of avprovalmt~~ .~ls~o~nas Robin~u~n- ~av; east by Capt. Kidd ~. MaP ~i672; W~; Coun~. 3 4 ............................ ' .... ~so known ~;v County Tax Dated: ~ay ~ oRDER Or ~,~ ~t~ ,o...ucac, o~ a ~ so~ o~ ~e~s ' - - ~ - v.s0 v.m. ~w 0ss ~x~t ~o3~ooms,aS .......:...4..~..3~..~:.~.~ .................. ~n~a L. Be~e~'977, garri- ck ~ Io~ ~ ~l CI_EME~j THO~PSON V~se° ~-+ates subd. ~x~ ~apt. Kido ~ Filed Map 74~ 75 and '~, _~ 955~1et w D ' ,.-~ No. 1~'~'2'8 Tax ~ap and 14. ~-ad, Southold, NY; bounded north by Sta, chtiaris; west by ' _ . _ 2°_nd; 't Your .~l'WW.~ ~ no. -~ of . sTOM CLEWING LP~is ~ ~ot ig-O01 'a~S 'III '1~¥ 'aau~U ~ -~pao ~u uoz oq] ol 't -~D 'anua*V ~alleA ~aqD ' ~I 'a~uel~ua~ '~ uesnS ~f[ lo uo.leoqddv 'm'd ~ nm o~* ~XN 'ploul~_ fi~ ~aeqlas p~ 's n~! qt ~ .~ ~u uoz aql ot aa '~I puc a-Z-~-~I 'o~ mall de~ Xe,L flunoD t~N '~anlBle~ 'a~a lalUI gg6 se u~o north by Suskevieh; west by Robinson Lane and McQu~n; south by the bay; east by Wood; County Tax Map Item No. 1~98-~2, 3, 4. Dated: May 22, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEA~ CHARLES GRIGONIS, JR., CHAIRMAN ITM~-36~ :FL lion irt. sion ling ide tti- th- he g- ~y COUNTY OF SUFFOLIC, ] STATE OF NEW YORK, ~ ss: ·.. ~:E0y .Gl~ftta,v.a on ................. being duly Sworn, says that ...h~... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county: and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Weekly Times once in each week, for . . . .q.n.e. ................... weeks successively commencing on the ...28.~h .................. ............ Sworn to before me this . .2..8.~.~.. I. ! day of .... ~aY. .......... 19~..., J ................ HELEN K DE VO~: NOTARY PUBLIC, State of New York No. 4107878, Sutfofk Ceunt~ · Term Expires March 30, Addendum to Legal Notice 6/11/81 Board of Appeals Regular Meeting On Tuesday, May 26, 1981, copies to: Mr. Edward P. Bertero Anna L. Bertero Mr. Herbert Hoffman Mrs. Jules Adriaenssens (as agent for Mr. Herbert Hoffman) Mrs. Susan C. Trentalange Mr. Arden Scott McCamy Mr. & Mrs. Frank J. Abbadessa Mr. Nicholas W. Ippolito Mr. Charles Bocklet Mr. Peter R. Stoutenburgh (for Mr. Charles Bocklet) Abigail A. Wickham, Esq. for Peconic Corporation Peconic Corporation c/o Norris Grain Co. Mobil Oil Corporation Harold J. Van Brunt (Project Manager, Fenley & Nicol Co., Inc.) Grigg's Service Station Z.B.A. members T.B. members Supervisor Town Attorney Town Clerk Bulletin Board (posted May 26, 1981) Appeal Files Southold Town Board of Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. NOTICE OF DECLARATION ROBERT J. DOUGLASS PURSUANT TO JosephGERARD P.H.GOEHRING£Rsawicki N. Y. S. ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2826 Application of: Herbert Hoff~an Location of Property in Question: Smith Drive North, Southold, NY County~Tax Map Item No. 1000-76-2-34.1 ~ Project Proposed by Appeal Application: constructioh of dwelling with insufficient front and rear yard setbacks. 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 h~rein 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 appears to be located within 300 feet of tidal wetlands but the wetland area is separated by a road or similar type of barrier. 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: June 30, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Copies to: Town Clerk Bulletin Board Applicant ZBA file APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGFR JOSEPH H, SAWICKI N'IAIN R~3AD-STATE R[3AD 2.5 July 15, 1981 SI~UTHE]LD, L.l., N,Y. 11971 TELEPHONE (516) 765-1809 Mr. & Mrs. Jules Adriaenssens Box 76F, RR #2 Mattituck, NY 11952 Dear Mr. & Mrs. Adriaenssens: This is a Notice of Declaration pursuant to the New York State Environmental Quality Review Act (New York SEQRA). It does not indicate the decision of the Board of Appeals. The official, final copy of the decision of the Zoninq Board of Appeals is not yet ready for mailing. You will receive a copy of the decision as soon as possible. Thank you for your cooperation. Sincerely, Eileen M. Carey, y Secretary Zoning Board of Appeals Enclosure APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICK[ MAIN ROAD- STAT~' ROAD July 15, 1981 SOUTHE]LD, L.I., N.Y. TELEPHONE (516) 765-1809 Mr. & Mrs. Herbert Hoffman 83 West Fourth Street Deer Park, NY 11729 Dear Mr. & Mrs. Hoffman: This is a Notice of Declaration pursuant to the New York State Environmental Quality Review Act (New York SEQRA). It does not indicate the decision of the Board of Appeals. The official, final copy of the decision of the Zoninq Board of Appeals is not yet ready for mailing. You will receive a copy of the decision as soon as possible. Thank you for your cooperation. Sincerely, Eileen M. Carey, Temporary Secretary Zoning Board of Appeals Enclosure K JUDITH T. TERRY TOWN CLERK REGISTRAR Ol VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. |., N. Y. 11971 May 1, 1981 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2826 application of Herbert Hoffman for a variance. Also included are notification to adjoining property owners, notice of disapproval from the building inspector, short environmental assessment £orm, and wetland questionnaire. JTT/ bn Enclosures Town Clerk StiORT ENVIRONHENTAL ASSESS~4ENT INSTRUCTIONS: ' -- (o) I~ order to answer file questions in this short EAF if is assumed that the preparer will use currently available information concern£ng the project and the iikeIy impacts of the action. It is not.expected that. odd&tionaI studies, research or other investigations wili be undertaken. (bi If any question hasbeen answered Yes the project may be significant and o compIefed Environmental Assessment Form is necessary. (c) If all quesf£ons have been answered No it is iii<ely that this project is not significant. (d) Ehvironmental Assessment '"' ~. ~'/ill project result in a large physical change ' fo the project s/fo or physically alter mare tho~ 10 acres of land? ........................ Yesr/ No 2. %'Ifil--there be a major change fo any unique or -unusual land form found on the s/fo?. Yes ~NO 3. Will project alter or hove a large'effect'on existing body of water? ....................... . Y~S. 4. Will project have o potentially large impact , on groundwater quollty? ........................ Yes,~'No 5. ~'~ill project significantly effect dro~no.ge flow on adjacent sites? ........................ Yes./ No. f. ~'1111 project affect any threatened or endangered plant or animal species? ........... Yes ~ No ?. ¥1111 project result in o major 0dverse effe~¢ 'eS ¥ No on air qualify? · Y , 8. )'Illl project have a major effect on vlsual character of the community or scenic views or vistas known fa:be important to the community?. ?. ~'lill project adversely impact any site or .- structure of historic, prehistoric or paleontological, importance or any s/fo designated as a critical environmental oreo by a local agency? ............ ~:..-,-,-.~-..-...~..,..~- Yes/ No lO. ~?ill project have a major effect on ex/sting or future recreational opportunities? ......... Yes.~. No 11. )?ill project result in.major traffic problems o~ cause a major effect fo existing transportation systems? ....................... . Yes ~ No 12. ~fill project .regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's fion? ' : Yes ~ No opera ............................... . ..... . 13. ~±11 project have any impact on public health or.safety? .............. Yes ~ No 14. ~?ill project affect ffi~ ~~'~¢~ ~' directly causing o growth in permanent ' population of more than 5 percept over a one year period or have o major negaflve effect the character of the communlfy neighborhood? ............................. '' ?[ , , Yesy_~_No 15. Is there public controversy concerning the project? ...................................... Yes (Today ' s' Date) 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. [ ] 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, ( Sign~fure- ple~e) BOARD OF APPEALS, TOWN OF SOUTHOLD ~1 In the Matter of th~ Petition of : to the Board of Appeals of the Town of Southold : NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals oaf the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (the following relief: 2. That the proper~ which is the subject of the Petition is located adja~t to your property and is des- cribed as follows: ~--~ ~C~,\o'q~ \~'-~, ~L ~, 3. That the property which is t~e subject of such Petition is located in the following zoning district: 4. Tha~ by ~u~b ~etitien, t~e ~derti~ne~ ~ill req~es[ the folle~in~ relief; $. That thero~ovisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: (~, ~ ~ o~"~-~- ~ ~. ~ O c~ ~ .~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:~N~ ~ x ~ ~ ~ Petitioner Po.s.t~Office Address PROOF OF MAILING OF NOTICE NAME Ps Form 3800, Apr. 1976 I~ ~ 0 ~ ~ ~1 ~1 CON~ULT POSTMASTER FOR FEES : ~1~:~?!~ ~L~,~;~I ~m '~ ~ ~ .%. ~ ~1 ~ I o.,o...~,~. ~ ~ ~?~1 ~ m t ~/ ; ~o'm~bIERFORFEES !~ ~ PS Form 38~, ~pr. i976 ~ z ~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: lolC~ 3~.~ c~LC ~. ~'~.L~ , being duly sworn, deposes and says that on the ~ day Of ~t'4.0~x,~ ;19 ~'~ , deponent mailed a true c0py Of the Notice set forth on the re- verse side hereof, ~lirected 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 ass~.ssment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- ficejll_~ ,.h'o ~ ~kO ~ ; that said Notices were mailed to each of said persons by t4~(registered) mail. ' : Sworn to before me this ~-~.~f ~ ~ H .. ~ Notar~ Pub.c ELIZABE111 ANN NEVILLE NOTARY PUBLIC, State of New Yolk No. 52.8125850, Suffolk Term Expires March 30, 19.~ I i. DY 105 ~;~ t · ~ :" i~, ~8°'~'~ --Z Z ]Z..:: :.Zt~T4,l.TO'TE~.RY PLkcE/ 50' .::.I07 ._" LOT ~houtd be noted that since this is located in an agricultural. the possibility exists thai' supply may conic-in h'uce pesticides and/or analysis '7~/~'~ requiad. thi~ De~rtment ~'ior t~ THE w SYSTE coNFc SUFFC SUFFC CONS~ DATE' H.S.R APPR( : SUF , DIS : OWNE \0