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HomeMy WebLinkAbout2882YAROS" & FURLONG 38-4-27 5614 GG DEMO OLD & BLD NEW HOME - SB'S LOT CVRG & SHED LOC 1945 E GILETTE E MAR OR/~O, "'O~A ~AJA 435 Cleaves Pt. Rd., East Marion A-construct basement floor below minimum base flood elevation requirements. TOW~ OF SOUTHOLD, NEW YORK Appeal No. 2 8 8 2 by ACTION OF THE ZONING BOARD OF APPEALS application Dated September 18, ACTION' OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mrs. Toba L. Orro 187 Berry Hill Road Syosset, NY 11791 1981 Appellant October 15~ 1981 at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your ( ) Request for variance due lo lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. ITT ~ Sec. 100-31 ( ) the appeal ~anted ( ) be denied pursuant to ~ticle .................... Sect~n .................... Subsection .................... para~aph .................... of the Zoning Ordinance and the decision of the Bulldlng Inspector ( ) be reversed ( ) br, cFmX~w~Te~x~Xause Public Hearing: 10/15/81: Application ofToba Laja Orro, 187 Berry Hill Road, Syosset, NY 11791, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to build new house with insufficient front and rear yard area at 435 Cleaves Point Road (a/k/a 1945 East Gillette Drive), East Marion, NY; Marion Manor Subdivision, Filed Map No. 2038, Lot No. 83; fur- ther identified as County Tax Map Parcel Item No. 1000-38-4-27. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary (SEE REVERSE SIDE) (b) The hardship created (is) (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 th~ district because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. CG: lk ZONING BOARD OF APPEALS FORM ZB4 By this appeal, appellant seeks permission to construct a new one-family dwelling with a frontyard setback off Cleaves Point Road of approximately 36.5 feet, frontyard setback off East Gil- lette Drive of approximately 24.5 feet, and rearyard setback of approximately 15 feet from the easterly property line. The premises in question is a corner lot as defined by Section 100-13 of the Code and lends itself to the practical difficulties in constructing any dwelling thereupon. The Board agrees with the reasoning of appellant. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoin- ing 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 the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that Toba L. Orro, be allowed a variance to the zoning ordinance, Article III, Section 100-31 as requested in Appeal No. 2882. It should be noted that a conditional variance under Appeal No. FL-7 has also been filed concerning this property. Location of Property: 435 Cleaves Point.Road (a/k/a 1945 East Gillette Drive), East Marion, NY; County Tax Map Parcel No. 1000-38-4-27. Vote of the Board: Ayes: ringer, Sawicki and Grigonis. adopted. Messrs. Doyen, Douglass, Goeh- This resolution was unanimously RECEIVED AND FILED BY ~' To,tn Clerk, T~v;n .o~ ~ulhold LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, October 15, 1981 commencing at 7:15 o'clock p.m. as follows: 7:15 p.m. Application of Carl H. King, 350 King Street, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in the frontyard area at 350 King Street, Orient; bounded north by Navy Street; west by Shaw and Nolan; south by King Street; east by Tyrrell; County Tax Map Parcel Item No. 1000-26-1-27. 7:20 p.m. Application of Pequash Recreation Club, Inc., Box 902, West Road, Cutchogue, NY (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission to construct fence along frontyard area exceeding the maximum height requirements for fences. ~ocation of Property: 205 West Road, Cutchogue; bounded northwest by Morris; southwest by Cutchogue Harbor; northeast by West Road; southeast by Cutchogue- New Suffolk Park District; County Tax Map Parcel Item No. 1000- 110-7-12. 7:30 p.m. Application of Virginia L. Wickham, 105 Old Harbor Road, New Suffolk, NY for a Variance for approval of access, New York Town Law Section 280A. Location of Property: 105 Old Harbor Road, New Suffolk; bounded north by Wickham; east by Cutchogue Harbor; south by Wickham; west by H. Wickham; County Tax Map Parcel Item No. 1000-117-3-1. 7:40 p.m. Application of Toba Laja Orro, 187 Berry Hill /Road, Syosset, NY 11791, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to build new house with insufficient front and rear yard area at 435 Cleaves Point Road (a/k/a 1945 East Gillette Drive), East Marion, NY; Marion Manor Subdivision, Filed Map No. 2038, Lot No. 83; further Legal ~otice - Page 2 Regular Meeting for October 15, 1981 entified as County Tax Map Parcel Item No. 1000-38-4-27. ~ 7:50 p.m. Application of Toba Laja Orro, 187 Berry Hill Road, Syosset, NY for a Variance to the Flood Damage Prevention Law of the Town of Southold, Section 46-18 for permission to construct basement floor below the minimum base flood elevation requirements at 435 Cleaves Point Road, East Marion, NY; Marion Manor Subdivision, Filed Map No. 2038, Lot No. 83; further iden- tified as County Tax Map Parcel Item No. 1000-38-4-27. Rehearing. 7:55 p.m. /Application of Robert T. Bayley, 55 West 16th Street, New York, NY 10011 (Robert W. Gillispie III as agent), for a Variance for approval of access, New York Town Law Section 280A. Location of Property: Right-of-Way off the east side of South Harbor Road, Southold, NY; bounded north by Stewart and Freund; west by Paul; .south by the bay; east by Ballenger; County Tax Map Parcel Item No. 1000-87-1-21. 8:10 p.m. Application of Nina S. Fischer, Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to existing dwelling with an insufficient sideyard setback at 7130 Indian Neck Lane, Peconic; bounded northwest by Cukor; southwest by Hog Neck Bay; northeast and southeast by Prellwitz. County Tax Map Parcel Item No. 1000-86-7-8~ 8:20 p.m. Application of Lenore Adamson, 55 Ships Drive, Southold, NY (by Thomas F. Day, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area for division of premises located at North Bayview Road and Ships Drive, Southold, NY; bounded north by North Bayview Road; west by Ships Drive; south by Mullen; east by Reese. County Tax Map Parcel Item No. 1000-79-3-9 & 10. 8:35 p.m. Application of Joseph L. Lizewski, Main Road, Cutchogue, NY (by William H. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permis- sion to construct professional office building in an A-Residential Legal Notice - Page~ Regular Meeting for~ctober 15, 1981 Southold Town Board of Appeals and Agricultural Zone with existing dwelling use at 29325 Main Road (a/k/a 320 Depot Lane), Cutchogue; bounded northwest by Fogarty; southwest by Depot Lane; northeast by Dunne; southeast by Main Road. County Tax Map Parcels No. 1000-102-2-12.1 and 11. i 8:50 p.m. Application of Dominick and Ros__e DeMai__o, by ~ illiam J. Jacobs as agent, c/o Box 199B, Depot Lane, Cutchogue, ~ Y for a Variance to the Zoning Ordinance, Article III, Section ((~ 100-31 for permission to construct new dwelling with insufficient ~ ~front and rear yard areas at Cedar Point Drive West, Southold, NY~ ~bw~d~k~r~s~Yb~e~e~i~t~yW~pG~°~o~°~0~Y ~/\ ~90-1-4. 9:00 p.m. Application of Nicholas D. Yuelys, 56005 County Road 48, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building (garage) in the frontyard area at 56005 County Road 48, Greenport, NY; bounded north by L.I. Sound; west by Chudan; south by C.R. 48; east by Atway. County Tax Map Parcel Item No. 1000- 44-1-19. 9:15 p.m. Application of Victor L'Eplattenier, Box 361, Peconic, NY (by Rudolph H. Bruer, Esq.) for Variances: (1) for approval of access, New York Town Law Section 280-a and (2) to the Zoning Ordinance, Article III, Section 100-31 for permis- sion to build new dwelling with insufficient front and rear yard setbacks at Lake View Avenue and Dickinson Street, Peconic, NY; bounded by Dickinson Street; west by Lake View Ave.; south by Garrido; east by Garrido; further identified as Subdivision Lots No. 57 and 58, Peconic Shores Subdivision Filed Map 654. County Tax Map Parcel Item No. 1000-67-3-12. 9:25 p.m. Application of Alan A. Cardinale, Bridge Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100-70 and 100-71, Article VI, Section 100-62, to construct drive-in roof addition and alteration with an insuffi- cient frontyard and further reduction of landscaped area, for i ~ ..... ~.~ - Z~age 4 Regular Meeting for October 15, 1981 Southold Town Board of Appeals bank use. Location of Property: North side of Main Road, Matti- tuck, NY; bounded west by Factory (Railroad) Avenue; south by Main Road; north and east by Bethany Cemetery Association. County Tax Map Parcel Item No. 1000-142-1-26. 9:30 p.m. Application of Warren E. Hufe, Jr. and Ellen Hufe, Wells Avenue, Southold, NY (by Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to utilize B-1 General Business Zoned premises for manufacturing at 45655 C.R. 48 and Youngs Avenue, Southold, NY; bounded north by Harris and Dickerson; west by Youngs Ave.; south by C.R. 48; east by Edson. County Tax Map Parcel Item No. 1000-55-2-16. 9:35 p.m. Application of Warren E. Hufe, Jr. and Ellen Hufe (for Future Screw, Inc.), North Road, Southold, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B) for permission to utilize the subject premises for Light Industrial Use. Location of Property: 45655 County Road 48 (a/k/a 3750 Youngs Avenue), Southold, NY; bounded north by Harris and Dickerson; west by Youngs Ave.; south by C.R. 48; east by Edson. County Tax Map Parcel Item No. 1000- 55-2-16. 9:35 p.m. Application. of Warren E. Hufe, Jr. and Ellen Hufe (for Future Screw, Inc.), North Road, Southold, NY for a Special Exception to the Zoning Ordinance, Article XI, Section 100-118D to use existing two-story house for dwelling use in a B-1 General Business Zone. Location of Property: 45655 County Road 48 (a/k/a 3750 Youngs Avenue), Southold, NY; bounded north by Harris and Dickerson; west by Youngs Ave.; south by C.R. 48; east by Edson. County Tax Map Parcel Item No. 1000-55-2-16. 9:50 p.m. Application of Peter and Pat Lenz, Main Road, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35A for permission to construct gate and fence exceeding maximum height limitations at 38350 Main Road, Peconic; bounded northwest by L.I.R.R.; southwest by Otto Keil Florists; Legal Notice - Page 5 Regular Meeting for October 15, Southold Town Board of Appeals 1981 northeast by Cichanowicz; southeast by S.R. Parcel Item No. 1000-85-2-17. 9:55 p.m. Application of Stanley J. 25. County Tax Map Fliss, Jr. for Mattituck Air Base, 840 Bray Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permis- sion to construct addition to office building with an insufficient frontyard at 410 Airway Drive, Mattituck; bounded north by Bagshaw, Wickham; west by Peconic Corp.; south by Park Ave.; east by Wickham, Parkin, Tandy, Kujawski. County Tax Map Parcel Item No. 1000-123-1-2. 10:05 p.m. Application of Katherine E~ert for Mattituck Holding Corp., Mattituck, NY (by Norman A. Reilly as agent), for a Variance for approval of access, New York Town Law Section 280A. Location of Property: Right-of-Way off West Mill Road, Mattituck, NY; bounded north by Mill Road and Killian; west by Leogrande and Cox Neck Road; south by Chudiak, McGunnigle, Zeigler, DeMaula and North Drive; east by Mattituck Creek; and near Boscola. County Tax Map Parcel Item No. 1000-106-6-part of 13.3. 10:25 p.m. Recessed hearing of Matthew McKiernan. Dated: October 2, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish once, to wit, Thursday, October 8, 1981 and forward affidavits of publication to L. Kowalski, Secretary, Board of Appeals, Town Hall, Main'Road, Southold, NY 11971. On 10/6/81, Legal Notices mailed to each applicant or his agent listed as follows: Mr. Carl H. King (c/o Judy) Richard F. Lark, Esq. as attorney for Pequash Recreation Club Pequash Recreation Club Virginia L. Wickham Toba Laja Orro Robert T. Bayley and Robert W. Gillispie III, North Fork Agency Nina S. Fischer Lenore Adamson and Thomas F. Daly, Esq. Joseph L. Lizewski William H. Price, Jr. as attorney for Lizewski Dominick and Rose DeMaio and William J. Jacobs as agent Nicholas D. Yuelys Rudolph H. Bruer, Esq. as attorney for L'Eplattenier Victor L'Eplattenier Alan A. Cardinale Rudolph H. Bruer, Esq. as attorney for Future Screw, Inc. (Hufe) Mr. and Mrs. Warren E. Hufe, Jr. Mr. and Mrs. Peter Lenz Mr. Stanley J. Fliss, Jr. for Mattituck Air Base Katherine Ebert for Mattituck HOlding Corp. Mr. Norman A. Reilly as agent for Mattituck Holding Corp. Mr. Matthew McKiernan Copies of the Legal Notice were forwarded to Suffolk Times and L.I. Traveler on 10/5/81. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date ............. ,?.~ .~ ......O..., 19 ..... PLEASE TAKE NOTICE that your application dated ................. ~. ?..¢.7....,~19 ?./... for permit to construct....~.~..~ t:..~, t .~..~.,w. ........................................... at Location of Property .'.~.~...E.A:$7...~.~.~ ~ .E .~..E....~..f.< .................................. House No. / Street Hamlet ¢o.nty Ta× Map No. lO00 Section. ....... ~.S.. mook ........ .~. .... Lot . .~ '7 ........ ubdivision ................. ~Ffled Map No ................. Lot No ............ ~^~.. T~'~. .... ~ .~.~ ........ ~ .... ~ ........ (~.ff~ ~ ..................... { Building Inspector '-/-/4 0 R M /4 ~ ct_ FORI','i NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Exam/ned ................ , 19... Ap ,ro~,l ................. 19 . . . PermR No ............ Disapproved a/o' .~.~....: ............................ . Application No ................ (Bui!ding Inspector) ~ A?PLICATION FOR BUILDING PERMIT INS'I RUCTIONS a. Tills application must be co'.np!etel,:, filled in"by typewriter or in ink and submitted in triplicate to the Buildi Inspector, with3 s~tsofIl,ns, accur',ta., plotl,ma" 'toscale. Fee according tc schedule. ac ..~:. Iccat:on of lot and of buildings on premJsss, relationship to adjoining premises or publ[c sire: or areas, a:;g d'.m; a dora:lcd dc~.cEofion of layout of property must be drawn on the diagram which is part of this c. The work covered by this application may not be commenced before issuance of Building Pemdt. d. Upon apprc.'al of this application, the Build~ng Inspector will issue a Building Permit to the applicant. Such pern c. No [ uil iL;g shall be occu::it'd or used in whole or in part for any purpose whatever until a Certificate of Occupan shall have be:n granted by the b a.~m~ Inspector. APPLICATION IS IIEREBY MAD~ to the Building Department for the issuance ora Building Permit pursuant tot ~, ~onc Ordinance of th~ Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances iL'gtdatmn~, fo: thc construct/on of buildings, additions or alterations, or for removal or demolition, as herein describs The apl,Ifc:mt ar:rs'cs to comply with all applicable laws, ordinances, building code, housing code, and regulations, and admit authorized inspectors on premises and in buildings for necessa~, inspections. ~ (oignat~ of applicant, or name, if a corporation) (Mailing address of applicant) State whed~cr ',' ',"' ' ,.p, ,tcaht is ov.'nc~, lessee, agent, architect, engineer, general contractor, electrician, plumber or build Na:ne of o,vner of premises . ~)~... k. ~ ~ (as on the tax roll or latest deed If applicant is a corporatkm, signature of duly authorized officer. (Name and title of corporate officer) Lu Idcr s License No .......................... Plumber's License' No ......................... EDctriciau's LJccns¢ No ....................... Oilier Trad'u's License No ...................... Locatidn of land ou whlch proposed work will be dor, e. . ./~..:....'~.,~..0~. ?. ................................. ....... ......... ltouse Number /99 ~- '~3L:-' ~',;_;_~_M ~' '~tre~t'. ~'' . U.h!38.I.qN............... Hamlet County Tax Map No. 1000 Section ~ ~/ Block L/ Lot 7~, / Subdivision '"" , " ' 5 0 ~ fi ~ > Filed Map No ............... Lot . .d. ~ ........ (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ~ ~St D~M~/~ ~ b. Intended use and occupancy ........................................................... Nature ofv,'ork (cbcct:. which applicable): New Building ./~t/~.W. ............. Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work ............... (Description) Estimated Cost ...................................... Fee .................................... (to be paid on filing this application) ;. If dwelling, mm:bet of dweiE::g unit~ . . .[ ........... Nomber of dwelling units on each floor ............... .. If,:arage, :m:::i:er of cars . .~ ................. ~ .................................................. ;. If business, co;:::nercial or m/xed occopancy, specify nature and extent of each lype of use ..................... Di:nension~ o( cx~, li:~5 sm~clures, if any: Front ..... .' ......... Rear .............. Depth ............... Ileigh~ ............... Number of Stories ........................................................ Dimensions cf same sm~cmre w{lh alterations or additions: Front ................. Rear .................. Depth ......................, Itei~t ...................... /_ ~/ Number of Storms' ................ Dua~n~mnso,.mhen... const,uct~on. Front .~ .. t_~, ~ . ~, ~n 7~ ...... Rear ...~7 ......... Depth ..ZZ. 0 .... }!eu;ht .... ~D..TM .. i ' Number of Stories ;. s-eec o. F~o.,t I~-c~ Re~ .....)~'C;''~ ......... ~":;"';J2~'~~' ........... ). Da~ o'fP.~rc"as¢ ./95.~ .................... :.: Name of Former Owner ~4 ~ ~5] ~.l](k. ~]].. ]. I. Zone or use district in wi:ich prc;n~ses are situated ................................... :.. ................. i. Does propos:d construction vioiate any zoning law, ordinance or regula:ion: ...... ' . ;. Will l~t Dc rc~radM .......................... . . Will excess fill be removed from premises Yes ' J. Name of Ow,ar ol pre:n~sz; T~.L,.. ~0 .... Address jgJ. fi~ ~/~ ~Phone No..~21. ~ .... Nam: of ,xrd*~;ezt ...~O~0...~, .6C~D~A~.. Address .~..~j gtPhone No ................ Neons of Contractor .......................... Address ................... Phone No ................ PLOT DIAGRAM Iocate clearly a:::.l disfi:~ctl;,, all buildings, xvhether ex/sting or proposed, and. indicate all set-back dimensions from :o;'erty lines. Give s:r::t and block number or description according to deed, and show street names and indicate whether !crior or corner lot. TATE OF NEW YOP..[4 OUNTY OF..51J.~.~..Clq,..'... S.S .... " '~"'~/~ (~¢ ..................... being duly sworn, deposes and says that tie ' ~ ~ ~S hl~ appl~c~.nt (Nan~e of indMdual signing co ~tract) e is the ......................................................................................... (Contractor, agent, corporate of f lc'er, etc.) f said owner or own.,'rs, and is duly authorized to perform or have r, erformcd the said ~vork and to make and file this lplicat/on; that all staten:crus contained in this application arc true to the best of his knowledge and belief; and that the 'ork will be perfor;ned in :i've manner set forth itt tke application filed therewith. worn to before l'ne tiffs otary Public, . ................................ County · ~ ~' ( '., altr,..o£..pD,Jc.n~; TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING iNSPECTOR APPEAL NO. c~ o~~2' D^T, ........ TO THE ZONING BOARD OF APPEALS, TOWN OF S~THOLD, N. Y. ~, ~w~) .... ~.~.....~....~.~ ............. of ...~.Z....~6.~.~...U~.~....~.~. ................... Name of Appellant Street and Numar .... $~.~ ................................................................... ~E....!JZ~.( ...... ~v ~u mo Municipali~ Stat~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ~.'~._/:~../1~_-.~. o~/. l.~.~..I WHEREBY THE BUILDING INSPECTOR DENIED TO of Name of Applicant for permit ..~l ........ ~. ~.~Y ................................................................... ~ &~.~o j~o~ g:~..: ......................... 1~7.~1 Municipality State Street and Number PERMIT TO USE PERMIT FOR OCCUPANCY ~' ¢~l~Av~.$ t~t~r AD ~.s_'C.... ~ .~./~ L.O..~ ... '~ Street Use District on Zoning 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.) 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (h_as not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) INSUF:FIC.I~t~I-' F'I~o~'J- is requested for the reason that Form ZBI (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 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK COUNTY OF .~"I/F:~-c/.-K SS ....... L/¢..,~.~.. ::.,...~.,~....,.:....¢~.. -¢~..,'. ..................... ~ Signature Sworn to this ................ .~.....T~... .................... day of ...... .~..~.~./~..~....~.,...~,.. .................... 19 2( 0 ~ = c~s~poo/ COUNTY OF SUFFOLK DEPARTMENT OF PLANNING Town of Southold Board of Appeals (516) 360-5513 December 7, 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. A~plicant Municipal File Number Michael A. LoGrande Richard Posselt Donald J. Finnerty Toba Laja Orro Lemore Adamson Alan A. Cardinale Mr. & Mrs. Warren Hufe, Jr. Peter & Patricia Lenz 2854 2855 2861 2882 2888 2889 2890 2892 GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- BTATI=' ROAD 2.5 BOUTHOLO, L.I.. N.Y. 11c:J'71 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: XX Variance from the Zoning Code, Article III, Section 100-31 Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section Special Permit Appeal No.: 2882 Applicant: Toba La~a Orro Location of Affected Land: 1945 East Gillette Drive, East Marion County Tax Map Item No.: 1000- 38-4-27 Within 500 feet of: __ Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) Orient Harbor __ 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 L~nes, or Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. was granted COMMENTS: Applicant ~x~s~W~m~ permission to construct new house with an insufficient frontyard setback off Cleaves Pt. Rd. of 36.5' and o~f East Gillette Dr. o~ approx. 24.b', Copies of Town file and related documents enclosed herewith for your review. Dated: December 4, 1981. Secretary, Board of Appeals Southold MAIN R~AD-STATE ErlAD ~5 Town Board of Appeals SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWlCKI December 3, 1981 Dear Sir: 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 approval of any new construction or certificate of occupancy or use of the premises, as may be applicable in your case. If you have any questions, please do not hesitate to call either our office or that of the Building Inspector at 765-1802. Yours very truly, CHARLES GRIGONIS, JR. CHAIRMAN '' Secre'ta-ry - -- lk Enclosure Appeal No. ~:~ ~, . . ' Type of Variance or Appeal: /¢._,~~~~ ~ j~ffff.}~. ~Charles S~rae Robert ~ Gerard ~rlgoms Do~o gougIass ~oenrmger ~?~i a-~, Resolution madeby: (/~ ()( ) ( ) , (~ Seconded by: A ction: (J) Approve as applied for ( ) Deny as applied for ( ) Deny ( ) Deny without prejudice ( ) Withdrawn without Prejudice ( ) ) ( ) ( ) ( ) Approve with the following conditions: ( ) Subject to County Planninq referral ( ) Subject to Planning Board approval ( ),Subject toD.E.C, requlations ( ) Other: Findings of the Board are as follows: Other: Not Within the Character of the Neighborhood Variance is Substantial in Relation to Code Not .in haj~n~ _.o. ny .with purposes of the Code Hardship not sufiicient Circumstances are. Nbt Unique Will set a precedent in the neighborhood Area is already very congested Interests of justice served by denying Vote of the Board: Ayes: (/) CG (4SD Nay: ( ) ( ) Abstain: ( ) ( ) Absent: ( ) . ( ) Granting the Relief Requested is within spirit of the zoning code Relief is not substantial Burden of hardship or difficulty shown Circumstances are unique Variance will not change character of the neighborhood Interests of Justice served by granting Othe~ for Special Exceptions (/~ RD ( ( ( (,f GG (, JS () () () () () '() Notes: '~;':~ NOTICE IS HEREBY GIV, ~, pu~uantt n zo~ - struct professional office 35A fur permission to con- tt~'Town Law and the Provi- sions of the Amended Code of building in an A-Residential struct gate and fence exceed~ the Town of Southold, a and Agricultural Zone with lng maximum height ilmlia- regular meeting and the ful- existing dwelling use at 29325 Main Road (a/k/a 320 Depot lowing Public Heatings will be Lane), Cutchogue; bounded held by the Southold Town. . Board of Appeals at tho northwest by Fogarty; south- Southold Tow Hall, Main west by Depot Lane; northeast Road, SoUthold, N.Y. on by Dunne; southeast by Main Thursday, October 15, 1981 Road. County Tax Map Parcels commencing at 7:15 o'clock Nc. 1000-102-2-12.1 and 11. 8:50 p.m? Application of P.M. as ful!ows: Dominick and Rose DeMalo, 7:15 p.m. Application of ~ Carl H. King, 350 King Street, by William J. Jacobs as agent, Orient, N.Y. fur a Variance to C/o Box 199B, Depot Lane, . the Zoning Ordinance, Aticie Cutchogue, NY for a Variance to the Zoning Ordinance, HI, Section 100-32 for pennis- sion to~ C°nlt'ruct, acce~sory.-.~.i. Article. III, Section 100-31 fur building in theTio~ntyard area ..... permission t° construct new Street, Orient; at 350 King ' "~ dwelling with insufficient front bounded north by Navy Street; and rear yard areas at Cedar west'by Shaw and Nolen; Point Drive West, Southold, south by King Streetl east by NiY.; bounded north by Cedar .Tyrrell; County Tax Parcel Point West; west b'y Giordano; Item No. 1000.26-i-27.; :; south by West Lake; east by 7:20 p.m. Application of Soverel; County Ta'x Map Pequash Recreation Club,' Parcel No. 1000-90-1-4. Inc., Box 902, Weal. Road, 9:00 p.m. Application of Cutchogue, N.Y. (by Richard Nicholas D. Yuelys, 56005 F. Lark, Esq.)foraVarlanceto County Road 48, Greenport, the Zoning Ordinance, Article N.Y. fur a Variance to the IH, Section 100-35 for permis- Zoning Ordinance, Article IH, sion to construct fence alOng Section 100~32 fur permission frontyard area exceeding the reconstruct accessory building maximum height require- (garage) in the frontyard area ments for fences. Locstin~ of at 56005 County Road 48, Property: 205 West Road, Oreenport, N.Y.; bounded Cutchogue; bounded north- north by L.L Sound; west by west by Morris; southwest by Chudan; south by C.R. 48; Cutchogue Harbor; northeast east by Atway. county Tax by West Road; southest by Map Parcel Item No. 1000-44- Cutchogue-New Suffolk Park 1-19. District; County Tax Map 9:15 p.m. Application of Parcel Item No. 1000-110-7-12~ Victor L'Eplartenier, Box 361, 7:30 p.m. Application of Peconic, N.Y. (by Rudolph H. Virginia L. Wickham, 105 Old Bruer, Esq.) fur Variances: (1) Harbor Road, New Suffolk,' for approval of access, New N~Y. for a Variance for ap- York Town Law Section 280-a proval of access, New York and (2) to the Zoning Ordin- Town Law Section 280A~ Locao ence, Article III, Section 100- tion of Property: 105 Old 31 for permission to build new Harbor Road, New Suffolk; dwelling with insufficient front bounded north by Wick. ham;' and rear yard setbacks at Lake east by Cutchog~e Harbor;!~. View Avenue and Dickinsoa south by Wickham; west by H.~ Street, Peconic, N.Y.; bound- Wickham; County Tax Map' ed by Dickinson Street; west Parcel Item No. 1000-117-3-1~ by Lake View Avenue; south 7:40 p.m. Application of . by Garrido; east by Garrtdo; further identified as Subdivi- 'Toba Laia orr°~ 187 Ben~ Hill Road. Svossot. N.Y. l1791~fur' sion Lots No. 57 and 58; a Variance to the Zoning; pecOnic Shores Subdivision. Ordinunce~ Article IH, Section Filed Map 654. County Tax 100-31 fur permission to build Map Pat~'el Item No; 1000.67- ll~w ~ouse with ln~ui~ictent 3-12~ front and rear yard area at 435 9:25 p.m. Application of Cleaves Point Road (a/k/a Alan A. Cardinale, Bridge 1945 East Gillette Drive)~ East ' Lane, Cutchogue, N.Y. fur a Marion. N.Y.: Marion Manor Variance to the Zoning Or- Subdivision, Filed MaP No; . dinanco, Article VII, Sections 100-70 and 100,71, Article VI, ~038, Lo~;, No. 8.t~ further Section 100-62; to eunstruct ~identified as county Tax Map parcel Item No. 1000-38-4-27. drive-in roof addition and 7:50 p.m~ Application of alteration with an insufficient Toba Laja Otto, 187 Berry Hill ' frentyard and further reduc- ton of landsCaped area, fur Road; Syosset; N.Y., for a Variance io the Flood Damage bank use. Location of Proper- Prevention Law of the town of . ty: North side of Main Road, Southold, Section 46-18 for Mattituck, N.Y.; bounded permission to construct base- west by Factory (Railroad) meat floor below the minimum Avenue;) SOuth by Main Road; base flood elevation require,' north and eaxt by Bethany meats at 435 Cleaves Point Cemetery AsSOcistion. County ROad, East Marion, N.Y.; Tax Map Parcel Item No. 1000-142-1:26. Marion Manor Subdivision, Filed Map No. 2038, Lot No. : 9:30 p.m. Application of 83; further identified as Corm- Warren E. HUfu, .Ir. and Ellen ty Tax Map Parcel Item No. Hufe, Wells Avenue, South- old, N.Y. (by Rudolph H. 1000-38-4-27. 'i~:~ ! Bruer, Esq.) fur a Variance to 7:55 p.m. Rehearing. Ap- pllcation Of Robert T, Bayley,=. the Zoning Ordinance, Article 55 West 16th Street, New VII, Section 100-70 for permis-. tions at 38350 Main Road, Pecenic; bounded northwest by L,I.R,R.; SOuthwest by Otto Keil Florists; northeast by Cichanowicz; southeast by S.R. 25. County Tax Map Parcel Item No. 1000-85-2-17. 9:55 p.m. Application of Stanley J. Flies, Jr., for Mattituck Air Base, 840 Bray Avenue, Mattituck, N.Y. for a Variance to the Zoning Ordin- ance, Article VIII, Section 100-80 for permission to con- struct addition to office build- ing with an insufficient fl-o'nt yard at 410 Airway Drive, Mattituck; bounded north by Bagshaw, Wickham; west by Peconic Corp.; south by Park Avenue; east by Wickham,' Parkin, Tandy, Kujawski. County Tax Map Parcel Item No. 1000-123-1-2. 10:05 p.m. Application of Katherine Ebert fur Martituck Holding Corp., Mattituck, N.Y. (by Norman A. Reilly as agent), fur a Variance for approval of access, New York Town Law Section 280A. Looa- tion of Property: Right-of- Way off West Mill Road, Mattituck, N.Y.; bounded north by Mill Road and Killian; west by Loogrunde un, Cox Neck Road; south by : '. Chudiak, McGunnigle, Zeigler~e;n- · a e DeMa a and North D.ve; east by Mattliuck Creek; and ~I near Boscela. County Tax Map Parcel Item No. 1000-106-6- part of 13.3. COUNTY OF SUFFOLKO STATE OF NEW yoRK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in. Suffolk County; and that the noti.ce'of which the annexed Js a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............... .~ ....................... weeks successively, commencing on the ...... ~ .......................... day~....~ ............... ;..., ....... 19...<~..~./~ ' S_~o? ~.~efore me this C~(~ ~ .~~...., i;i~i ..................... "°~ °' ............ ................. Notaw Public ~ EDITH A, G~ NOTAOy PUBLIC, State e~ New Y~ Comm~:sion Ex~ires March 30, I~ e als 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 Southo]d, a Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals at the South- old Town Hall, Main Road, Southold, NY on Thursday, October 15, 1981 commencing at 7:15 o'clock p.m. as follows: 7:15 p.m. Application of Carl H. King, 350 King Street, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permis- sion to construct accessory,. building in the frontyard area at 350 King Street, Orient; bounded north by Navy Street; west by Shaw and Nolan; south by King Street; east by Tyrrell; County Tax Map Par- cci Item No. 1000-26-1:27. 7:20 p.m. Application of Pequash .Recreation Club, Inc., Box 902, West Road, Cut- chogun, NY (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article HI, section 100-35 for petrols- sion to construct fence along fruntyard area exceeding the ' maximum height require- ments for fences. Location of Property: 205 West Road, Cut- chogue; bounded northwest by,,,,.- Morris; southwest by Cut- chogue Harbor; northeast by West Road; southeast by Cut- chegue.New Suffolk Park Dis- trict; County Tax Map Parcel- Item No. 1000-110-7.12. 7:30 p.m. Application of Virginia L. Wickham, 105 Old . Harbor Road, New' Suffolk, NY for a Variance for ap- proval of access, New York Town Law Section 280A. Loca- tion of Property: 105 Old Harbor Road, New Suffolk; bounded north by Wickham; east by Cutchogue Harbor; south by Wickham; weSt by H. Wickham; County Tax Map Parcel Item No. 1000-117-3-1. 7:40 n.m. Aonlication of/' Toba Laia Orro. 187 Berry Hill Road. Svoaset. NY 117911 for q .Variance to the Zoning Ordi- . nonce. Article Ill .'~et~n .31 for oermission to build new* .house with insufficient front and rear yard area at Cleaves Point Read ~a/k/a 1945 East Gillette Drivel. East Marion. NN': Marion Mnqor Subdivisionr riled Map No, _tiffed as County Tax Map 7:50 p.m. Application of Toba Laja Orro, 187 Berry Hill Road, Syosset, NY for a Var- iance to the Flood Damage Prevention Law of the Town of Southold, Section 46-18 for per-,/ mission to construct basement floor below the minimum base flood elevation requirements at 435 Cleaves Point Road, East Marion, NY; Marion Manor Subdivision, Filed Map No. 2038, Lot No. 83; further identified as County Tax Map Parcel Item No. 1000-38-4-27. 7:55 p.m. Rehearing. Appli- · cation of Robert T. Bayley, 55 West lSth Street, New York, NY 10011 (Robert W. Gillispie III as agent), for a Variance for approva] of access, Now York Town Law Section 2~0A. Location of Property: Right- of-Way off the east side of South Harbor Road, Southold, NY; bounded north by Stewar~ and Freund; west by Paul; south by the bay; east by Ballenger; County Tax Map Parcel Item No. 1000-87-1-21. 8:10 p.m. Application of Nina S. Fischer, Indian Neck Lane, Peconic, NY for a Var- iance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addi- tion to existing dwelling with an insufficient sideyard set- back at 7130 Indian Neck Lane, Peconic; bounded north- west by Cukor; southwest by Hog Neck Bay northeast and southeast by Prel w tz: Co//htf Tax Map Parcel Item No. 1000-86-7-8. 8:20 p.m. Application of./ Lenore Adamson 55 Ships Dr ye, Southold, NY (by Thomas F. Day, Esq.) for a Variance to the Zoning Ordi- nance, Article III, Section 100- 31 for approval of insufficient area for division of premiseS located at North Bayvinw Read and Ships Drive, South- old, NY; bounded north by North Bayview Road; west by~ Ships Drive; south by Muilen, east by Reese. County Tax Map Parcel Item No. 1000-79~ 3-9 & 10. 8:35 p.m. Application of Joseph L. Lizewski, Main Road, Cutchogue, NY (by Wil- liam H. Price, Jr., Esq.) for a Variance to the Zoning Ordi>,' nance, Article III, Section 100- 30 for permission to construct professional office building in an A-Residential and Agricul- toral Zone with existing dwel- ling use at 29325 Main Road (a/k/a 320 Depot Lane), Cut-. chogue; bounded northwest by Fogarty; southwest by Depot Lane; northeast by Dunne; southeast by Main Road. County Tax Map Parcels No. 1000-102-2-12.1 and 8:50 p.m. Application of Domtoick and Rose DeMato, by William J..Jacobs as agent, c/o Box 199B, Depot Lane, Cutchogue, NY for a Variance to me Zoning Ordinance, Art- icle III, Section 10031 for,/ permission to construct new dwelling with insufficient front and rear yard areas at Cedar, Point Drive West Southold,', NY; bounded north by Cedar Point West; west by Giorda- no; south by West Lake; east by Soverel; Coun~ Tax Map Parcel No. 1000-90-1-4. 9:00 p.m. Application of Nicholas D. Yuelys, 56005 County Road 48, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory build- ins (garage) in the frontyard area at 56005 County Road 48, Greenport, NY; bounded north by L.I. Sound; weSt by Chu*/ dan; south by C.R. 48; east by Atway. County Tax Map Par- cel Item No. 1000'44-1-19. 9:15 p.m. Application of Victor L'Eplattenier, Box 361,. Pecouic, NY (by Rudolph H.' Bruec, Esq.) for Variances: (1) for approval of access, New York Town Law Section 280-a and (2) to the Zoning Ordinance, Article III, Section 100-31 for permission to build new dwelling with insufficient front and rear yard setbacks at Lake View Avenue and Dickinson Street, Pecouie, NY; bounded by Dickinson Street; west by Lake View Ave.; south by Garrido east by Garrido; further identified/ as Subdivision Lots No. 57 and 58, Peconic Shores Subdivision duly Sworn, .he SUFFOLK report, in said ~.d is a printed ~eekiy Times ....... weeks COUNTY OF SUFFOLI~, STATE OF NEW YORK, ? ss: Troy GustaYson .............................. ~ ....... being duly Sworn, says that . .. ~e.. is Printer and Publisher of ~e SUFFOLK WEEKLY TI~ES, a news~per publish~ at Greenport, in said county: and ~at the notice, of which ~e ~e~d is u print~ copy, has been published in the s~d Suf~lk Week~ Times once in each w~ek, ~r . . ~ ..................... weeks suc~ssiv~ly commeucing on ~e a~ of ... ~ ..... tpber ~ay of .~c~.O.~ ......... 19. ~. ................. HELEN K. DE VO£ NOTARy PUBLIC. State of New York No 4707878, Suftolk CountJ~ Term E'(p~re,~ Mar,:~ 2~ :~ Town of Appeals MAIN ROAD- C:TATE: ROAD 25 c:OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. j,N. OTICE OF DECLARATION Tr-R,'~',' TUT:::LL ROBERT J. DOUGLASS , .P,URSUANT TO GERARD P. GOEHRINGER Joseph H. Sav~cki __N~Y_._s. ENVIRONMENTAL QUALITY REVIEW ACT ~;Appeal No. 2882 & FL-7Application of: Toba Laja Orro 'Location of Property in Question: 435 Cleaves Point Road, East Marion. County Tax Map Item No. 1000- 38-4-27 Project Proposed by Appeal Application: front and rear yard areas. New dwelling with insufficient 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 Environmenta~ 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 project in question [ ] is not located within 300 feet of tidal wetlands; ~ may be located within 300 feet of tidal wetlands but separating the property from the wetland area is a road or other type of barrier labeling this matter outside the jurisdiction of the N.Y.S. Department of Environmental Con- servation and therefore correspondence was not solicited. 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 applica- tion. Dated: September 26, 1981 By Order of the Southold Town Copies to: Applicant/Agent Board of Appeals Town Clerk Bulletin Board Appeal File JUDITH T. TERRY TOWN CLERK REGISTRAR OI VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L.l.,N.Y. 11971 September 10, 1981 To: Southold Town Zoning Board o£ Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2882, application of Toba L. Orro for a variance. Also included is: Norice 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. JTT/bn Town Clerk ] HSTI!UCI IOHS: -------~) ]~-~ orclc:r to answer the questions in this short EAF it is assumed that the propoz'e~ ~.t~Z~ use cu~ent~y ovo~ob}e ~n[orlnation concerning ~he project and ihe ~ihe~y impacts at ~he action. [~ is no~ expected ~hot additional siudics~ research or oihe~ iavesligotions will be undertaken. (b) 1[ any question has been ons',~ered Yes the p=oject may be ~ignifican~ and o completed Environmental Assessment Form is necessary. (c) If oll questions hove been answered Ho it is ~ikely that l~is c~ is not significant. -. P~°Je(d) Environmental Assessment ' ~. ~'JY[I projecL result--in o lo[ge physical change ~o lt-m projecl site' or physically o~ler more lh~.m 10 acres of land? ...................... Yes ~ 2. ~'Iill ~here be o major change to any unique or -unusual lend ~ozm found on the site? ....... . Yes. 3. ¥]i~ pro3e~l olie~ or have o large cf fleet on existing body of woler? .................... . . Y~s. 4. ¥~i~1 pzo3ect hove o potentially large impact 5. ¥~i~1 project significantly effect drainage flo~.~ on adjacent sites? Yes ~No ~. ¥;i~1 projecl off ecl any threatened or endangered plant or animal species? ........ ~es ~ 7. ¥1ill pro, ecl result in o major adverse on air quality? ......................... Yes ~ No 8.¥~ill p~oject have o major e{fect on v u character of the community or scenic views visLas kno~vn ia'be important to the community?... 'YeshiVa 9. ¥~1 project adversely imt)oc~ any site or siruclure o[ Jlistoric~ prehistoric or paleontological importance o~ any site designo'ted os o critic(~l environmental area by o local ogen~y?............-.:..--...-..v...-- :..... Yes.~No. 10. ¥~i1~ pro)act have o major efifecl on exlsiih9 or fuLure recreational opportunities? ......... Yes.,~ No 11. Will project result in .major t~offic problems oK cause o major e[fecl to existing transporio~Aon system~? ............... Yes.~ ode=s, noise, glare, vibration, or electrical ~i5~urboncc os o resul~ of {he projec{'s opcrb[ion? ' Yes X No 13. ¥~ill projcc{ have sn)' i~poc{ on public health or 15o[cty? .................................... Yes ~ No 14. %'/ill l)~oject affect the exisIing communily by direclly causing o gro',.~lh in permoncnt population of more than 5 pcrce~]l over a one year period or have o mo jar negalive elf cci on the cJ]oroctcr of the community or neighborhood? ................................. Yes ~ No 15. ]5 [here public controversy concerning project? Ycs~ No PREPAL'EP,'$ S]GIlAIURE, REPRESEHTING --~J]A To: ]{e: Southold Town :.lain Road $outho!d, NY Board of Appeals 11971 Appeal Application of Location of PrOperty: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, G :.:YCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) ~ ] May be located within 300 feet of tidal wetlands; ho%~ever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. iX] 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 not appear to fall within the (*) indicate your property does jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (Signature please) Toha Laja O~f~7o 187 Berry llil~ ]toc~d 11791 August 22, Re: Petition No. T!q~15278-0069 1974 Your petition for a Tidal Uetlands Horatorium Permit has been rew[ewedby chis office, As a result, we have determined th.~t construction of a house on the corner of Cleaves Road and East Cillctte Drive on Gardiners ]]ay in East Marion, Town of Southold, Suffolk County, g,?.7 York ~iil have no adverse affect upon adjacent tidal wetlands. Therefore, pursuant to Section 25-0202 of the Environmental Concorvation Law and ' NYCRR, Part 66~.3 (c), you arc hereby notifiad that no permit ~ill be neces:ary. A copy of this determination m~st ha available at the j~b site at all time~ during construction activity. DJL: CCC: n cc: C~rps of E~.gi~:c<:rs, New York District Louis M. Contra TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ...... qlz, ,/ Z ..... I, (We) ~.~.~......~..~...~.......~..~....~.. .... of I~ /~/~/~¥ H~/,,/~. Nome of Appellont Street and Number 5~..0.~.~...~...~.. ......................... ~.'..Y.:../J..'Z.~./. ...... HEREBY APPEAL TO Municipolity State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....~./?~...~,..~.,,~,..~.......~,,/~.~..~.1.. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) Name of Applicant for permit of HILL. . ..0AP Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 4~1~'- (.-I,-~J~/F--:.~ J~I/./T BI) ,,,' ,, ~',-,-- ~A,~,nl~, ,' 1. LOCATION OF THE PROPERTY I..'f)4.,~:.../~A~,~...6//.4.~/'J'~...D~ ....... .~../..~.~.l.....?Zl.~..Ct.~...u..~. ......... Street Use District on Zoning Map .......................................... L3.. ................ 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.) ~ 3. TYPE OF APPEAL Appeal is made herewith for (y~.) A VARIANCE to the Zoning Ordin~ance or Zoning Mop ( ) 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 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 (~.) A Variance to the Zoning Ordinance-/'~ is requested for the reason that (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 ~ Gi~ O~lv~ A~ ~55 ~A~ 30( STATE OF NEW YORK ) COUNTY OF ~'V'F/~"0L~ ) SS ' /~ Signature Sworn to this .................. .~..,,,]~,, ................... day of.....,~.,.~T...]~...~,.~.....~... .................. 19 .......... ............................ /~'~¥~'&"Oubl~c BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of ~he Petition of oP R.o to the Board of Appeals of the Town of SoUthoid TO: A1R . $,4R& NT' Wt= l. OIV OtO w ! YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (the following relief: I/ARI~A/V~...~-. ~ 77~ ~ONtN~ 2. That the property which is t,he subject of the Petition is located adjacent to your property and is des- cribed as follows: I~ -- Of~ll~O , ~- -- .~AI~IVT- .; ~ - ~b~l/l~5 POINT' ~d~Al~ ) 3. That the property which is ~the subject of such Petition is located in the following~ zoning district: 4. That by such Petition, the undersigned will request the following relief: )'Alii) ol~ $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section ~ O~ ~ ..~ j 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. (5'16) 7. That before the relief sought may be granted, a public hearing must be held onthe 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: ~'~p~l~_~/~ ~/1~/. Petitioner uSA NAME NO. Reg. Fee $ ~.~:~.~ Return Receipt Handling Charge Postage POSTMASTER (By) FROM P s FMm 3806, Mar. 1978 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS LONDON w I MAILING OFFICE p$4 , ' RECEIPT FOR CERTIFIED STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: -~,~ ~.. O~RO , residing atla'7 ~AR¥ HIlL AoAo $~gO~'5~E-T- , ~/, Y. I I 7 ~ I . being duly sworn, deposes and says that on the ~..-~-day of ~IEPT'7~/t4 ~'~ ,19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at .~ ~ (2 ~ ~ ~ ~- ~ ~R/~' ., ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before [ne this day ot$ ~/ / , Nota/ry Public T · Lol~ 82.- ... 1 OZ,O, 'Ty.O / SEE SEC NO O37 KEY ~AP