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HomeMy WebLinkAbout2894 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONTNG BOARD OF AFPEALS Appeal No. 2894 by application Dated September 18, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Richard F. Lark, Esq., as attorney for Pequash Club, ~nc. Main Road, Cutchogue, NY 11935 DATE ...~.lZ..2..4.Z81 1981 Appellant at a meeting of the Zoning Board of Appeals on October 15, 1981 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( ~ Request for a variance to the Zoning Ordinance Art. III, Sec. ( ) the appeal 100-35 1. SPI~3f-~t~I~I~.XI~X~X~/'X~X~~X~XXs~I exception ( ) be granted ( ) be de.ed pursuant to Article .................... Section .................... Subsection .................... para~aph .................... of the Zoning Ordinance and the decision of the Building I~pector ( ) be reversed ( ) be Fe~rl4~X Public Hearing 10/15/81: Application of Pequash Recrea- tion 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. Location of Property: 205 West Road, Cutchogue, NY; 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. (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 difficulties (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 vartance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. CG: lk ZONING BOARD OF APPEALS FORM ZB4 By this appeal, appellant seeks permission to construct a five-foot high fence in the frontyard of premises located at the south side of West Road, Cutchogue. Appellant asserts that the subject club property has been subjected to trespass- ing and vandalism, for which outdoor lighting and increased police protection has not eliminated. Section 100-35 of the Code permits the erection of fences in the frontyard area when the same does not exceed four feet in height. It is the opinion of the Board that the within circumstances are quite unique and the Board does agree with appellant's reasoning. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining proper- ties would be created; that the difficulty cannot be obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facili- ties of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that a variance be allowed as applied for in Appeal No. 2894, application of Pequash Recreation Club, Inc. Location of Property: West Road, Cutchogue, NY; County Tax Map Parcel Item No. 1000-110-7-12. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. This resolution was unanimously adopted. APPkuvLu , --~h~irman l]oard of RECEIVED AND FILED BY ~ ~n Clerk, Tovm o~ ~tho!~ 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 Pequas~ 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 / f~or permission to construct fence along frontyard area exceeding . 1 the maximum height requirements for fences. Location of Property: [ 205 West Road, Cutchogue; bounded northwest by Morris; southwest~ by Cutchogue Harbor; northeast by West Road; southeast by Cutchogue-~ New Suffolk Park District; County Tax Map Parcel Item No. 1000- 10-7-12. 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 Notice Page 2 Regular Meeting for October 15, 1981 identified as County Tax Map Parcel Item No. 1000-38-4-27. 7:50 p.m. Application of Toba 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 - Pag~ Regular Meeting foi"~Dctober 15, 1981 Southold Town Board of Appeals and Agricultural Zone with existing dwelling use at 29325 Main Road (a/k/a 320 Depot Lane), Cutchogue; bounded northwest by Fogarty; southwest by Depot Lane; northeast by Dunne; southeast by Main Road. County Tax Map Parcels No. 1000-102-2-12.1 and 11. 8:50 p.m. Application of Dominick and Rose DeMaio, by William J. Jacobs as agent, c/o Box 199B, Depot Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient front and rear yard areas at Cedar Point Drive West, Southold, NY; bounded north by Cedar Point West; west by Giordano; south by West Lake; east by Soverel; County Tax Map Parcel No. 1000- 90-1-4. 9:00 p.m. Application of Nicholas D. Yuelys, 56005 County Road 48, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building (garage) in the frontyard area at 56005 County Road 48, Greenport, NY; bounded north by L.I. Sound; west by Chudan; south by C.R. 48; east by Atway. County Tax Map Parcel Item No. 1000- 44-1-19. 9:15 p.m. Application of Victor L'Eplattenier, Box 361, Peconic, NY (by Rudolph H. Bruer, Esq.) for Variances: (1) for approval of access, New York Town Law Section 280-a and (2) to the Zoning Ordinance, Article III, Section 100-31 for permis- sion to build new dwelling with insufficient front and rear yard setbacks at Lake View Avenue and Dickinson Street, Peconic, NY; bounded by Dickinson Street; west by Lake View Ave.; south by Garrido; east by Garrido; further identified as Subdivision Lots No. 57 and 58, Peconic Shores Subdivision Filed Map 654. County Tax Map Parcel Item No. 1000-67-3-12. 9:25 p.m. Application of Alan A. Cardinale, Bridge Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100-70 and 100-71, Article VI, Section 100-62, to construct drive-in roof addition and alteration with an insuffi- cient frontyard and further reduction of landscaped area, for L~gai Notice P~ ~ Regular Meeting for October 15, Southold Town Board of Appeals 1981 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, by Harris and Dickerson; west by Youngs Ave.; east by Edson. County Tax Map Parcel Item No. NY; bounded north south by C.R. 48; 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 ................................ To~¢,_~.~ ~.~ . C.t,o. .¥. . l ,~,.r_.. . . .?... .c2. ... . .,. .-?. .~. .... ~.o. ~ ........ . .~ .,.c ~.t. .o. .c,. ~. ~. .-. . .~. :~ ..... PLEASE TAKE NOTICE that your application dated .. A .c~q .... [..~. ......... 19.~ J. ~--' Q" ...... for permit to construct ............ C .~1~/.~....{.~. t../,~..~... ~_ ~.~_~. ..... at Location of Property .... ~{~). ~.~. ....~f..~-~...I..~.C??...~. ......... Cb .~.~..fT/..C?.~j .C.{ .~-.. - House NO. Street / Hamlet County Tax Map No. 1000 Section .... I. t ..~ ..... Block . .~...~ ....... Lot . ..~..I..~. ...... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds ..~-'-~-A./. ~C,,~'~....~'Y, ~l~-..~..-~ .... .~.,..~,~.....4..~ ,, _ _ .-:0 .... .-~.l~t.~..~T. ................................ ......... ~r'~ ...... ,.,~.~ ...... l.c~.o.. ~ .~..5-.. ...................... RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR ^PP L NO. DATE .~ .e. ~ ~.e....m~.., .e..r.,, ~.~ 1981 TO THE ZONING BOARD Of APPEALS, TOWN OF SOUTHOLD, N. Y. 7,X][~ ...P..E..Q .u-.A..S-H.....R. ~ .C..R....F~....T..Z...O..N....q.L...U..B..,....Z._N¢.. ,.....W..e...s..t....gP.~CL...;~.,....0. ,... J~;~. 3.Q ;~...: ......... Name of Appella.nt Street and Number .... ..C.}-}..t..c.,h...°.9.,u,.e. ................................................................. ~ew..~'.Qrk../J, 9.3.5..HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..~gP~,~...],.0.,...,Lg.8.1 ............... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (2) Name of Applicant for permit of .... ~.:..0..;...~. p.~;...9..0 ?. ,....C .u,t,~ka [j. ue.,...JAeu...~'c~k.....J.19.35 .............................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY To erect fence Wes~e t Road LOCATION OF THE PROPERTY .C.ut~ho.g~e.,...N~w...Yo~k.....~..R~sidentia~...-...A~ricultural Street Use District on Zoning Map 10- 0 012 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III, Section 100-35 3. TYPE OF APPEAL Appeal is made herewith for (×) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal ~3~/ (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 X) A Variance to the Zoning Ordinance ) ,s requested for the reason that your Petitioner desires to erect along yard of its property a chain link fence five feet in height. the front Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sa~ HARDSHIP becau~ your Petitioner has used this property for its recreation activities since its founding on March 12, 1890, however, in recent years the club property has been subjected to trespassing and much vandalism. A year ago an outdoor light was placed on an utility pole in an effort to deter vandalism. In the last several months the Club has been broken into several times and various items have been stolen. It is your Petitioner's belief it has no choice but to erect a fence across the entire f~ont yard of its property with a locked gate in order to keep out trespassers in an e~or5 to reduce vandalism to its property. The Cutchogue-New Suffolk Park District several years ago erected a five foot chain link fence surrounding its property. It is your Petitioner's desire to continue this five foot in height chain link fence across the front yard of its property. In addition your Petitioner intends to provide a return to allow a car to pull off West Road in order to open the gate which will be kept locked when the Club property is not in use. A four foot fence would not match the existing five foot chain link fence erected by the Park District on West Road and due to the topography of Petitioner's property it would be of little value in keeping out un- authorized persons. The request for five feet exceeds the Zoning Ordinance requirement by one foot and is not~ substantial. By the Board granting the (continued on Rider attached hereto under ~1) 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 due to the topography of Petitioner's property a five foot fence would be the minimum in order to be effective in keeping out unauthorized persons. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the use of Petitioner's property will not be altered by the erection of this fence with a gate in the front yard area. In fact the five foot in height cyclone fence would give a uniform appearance and blend in with that of the Park District property. STATE OF NEW YORK ) ) ss COUNTY OFSUFFOLK ) PEQU~/~ RECREATIONAL~C~LUB, INC. / James C. Henderson, President Sworn to this .......... 12.t,h, .......................... day of ...... Sap~_emher. ........................... 19 81 RICHARD F. LARK NOTARY PURLIC, State of New Yolk No, 52-7432500 . Suffolk count),~r/c~ ~emrnbs~oo Expires March 3~, 10.._~ Examined ................. 19... FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y, 11971 TEL.: 765-1802 Approved ................ , 19... Permit No ............ Disapproved a/'c ....... ' .............................. Application No ................ (Building Inspector) ~ APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date .., I a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Buildi Inspector, with 3 sets of plans, accurMe plot plan to scale. Fee according te schedule. b. Plot plan showing location of lot and of buildings on premises, relationsh;.p to adjoining premises or public stre~ or areas, and giving a detailed descrlption of layout of property must be drawn on the diagram which is part of this apl: cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon apprcval of this application, the Building Inspector will issue a Building Permit to the applicant, Such peru shall be kept on the premises available for inspection throughont the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupan shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance ora Building Permit pursuant to t Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein describe Thc applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and admit authorized inspectors on pretnises and in buildings for necessary inspections. (Signature of applicant, or name, if a corporation) (Mailing address of applicant) //,~P,Y,.¢- State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or bnild, Name of owner of premises ............................. - ............................. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. .. .e. :. /zf.4w.z,. , . . . : ...... . ~ (Name and title of corporate offLcer) .o Builder's License No../.~.'.'~/~.~..7~.a.~-~t~.. JF~g.~eS-.~:'7~,~, ~.. Plumber's License No ......................... Electrician's License No. Other Trade s Lmense No ...................... ofland on which proposed work will be done ..... . .~...~.~... ~.~.el~.. ~..~/~~, .~ 1. Location House Number Street Hamlet County Tax Map No. 1000 Section .. / /O Block q 7 Lot ...... Subdivision ........... ~.... '~ .................. Filed Map No. -- ...... Lot . '~ ........ (Name) 2. State existing use and occupancy of premises and intended usc and occupancy of proposed construction: a. Existing use and occupancy ..... ~O ~.~. ~O ~ ' ; p~l~abl 1. ature of work (check which a e): New Building .................... Alteration ......... "Repair .............. Removal .............. Demolition .............. Other Work ............... (Description) Estimated Cost ...................................... Fee .......................... ~ ........... (to be paid on filing this application) ;. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars ........................................................................ If business, commercial or mixed occupancy, specify ~ature and extent of each type of use ..................... Dimensions of existing 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 ...................... t. Dimensions of entire new construction: Front ............... Rear ............... Depth ............... Height ............... Number of Stories ........................................................ Size of lot: Front ...................... Rear ............... - ....... Depth ....................... Date 6f Purchase ............................. Name of Former Owner ............................. Zone or use district in which premises are situated ................................... :. ................. Does proposed construction violate any zoning law, ordinance or regulation: ................................ Will lot be regraded ............................ Will excess fill be removed from premises: Yes No Name of Owner of premises .................... Address ................... Phone No ................ Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Phone No ................ PLOT DIAG RA3'4 Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set-back dimensions from roperty lines. Give street and block number or description according to deed, and show street names and indicate whether F'9 .terior or corner lot. ,/0 *~ o"" OUNTY OF .~' ..... S.S ................................................ being duly sworn, deposes and says that he is the applicant (Name of indMdual signing contract) >ove named. e is the ......................................................................................... (Contractor, agent, corporate officer, etc.) ~' said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this ~plication; that all statements contained in this application are true to the best of his knowledge and belief; and that the ork will be performed in the manner set forth ha the application fi[ed worn to before lale tll~ ......... /.~ ........... day of..~...~:.~..~. .... 19 .~/ ' UDITH T TERRY'" o, ",,, .., .,. ,.. Ni)~ 52-034496~ Suffolk Countl~:~ fi' / ,. ' __~ fannltcantl Expires March 80. 19,o~:~:~' ~ /Z:;~~ O~ ...... ' ....... :~ :7~._: K JUDITH T. TERRY · TOWN CLERK P~EGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 March 3, 1981 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2792 application of George L. Penny Inc. for a variance. Also included are notification to adjoining property owners as follows: Mr. David Parrish, North Road, Mattituck, N.Y. 11952; Mr. George Penny III, New Suffolk Ave., Mattituck, N.Y. 11952; L.I. Railroad, Jamaica Station Room 511, Jamaica, N~Y~ 11435; North Fork Oil Heat, Westphalia Road, Mattituck, N.Y. 11952. Judith T. Ter~~~ Town Clerk JTT/bn Enclosures JUDITH T. TERRY TOWN CLERK REGISTRAR Ol VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 September 18, 1981 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2894 application of Pequash Recreation Club, Inc. for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department, and survey of the property. JTT/bn Town Clerk Today's Date: l~Immbers Absent, if any: Appeal No. ~_a~q Agenda Item/~Iatter of: _2~ct~3~. (~.~ ,~ , T~e of Variance or Appeal: ~~0~ g . ~ oug ass ~oenrmger bawlcKi Resol'ution madeby~[)%'% ( ) ( (~) ( ) ( ) Secouded by:~k ( ) ( ( ) (~) ( ) Action: (X) Approve as applied for ( Deny as applied for ( Deny ( Oeny without prejudice ( Withdrawn without Prejudice ( Approve with the following conditions: ( ) Subject to County Planning referral ( ).Subject to Planninq Board approval ( ) Subject to D.E.C. regulations ( ) 'Other: Findings of the Board are as follows: Other: ( ) 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 3ustice served by granting Othe~ for Special Exceptions Not ~v'ithin the Character of the Neighborhood Variance is Substantial in Relation to Code Not in _haj~m..o. ny ~ith purposes of the Code Hardship not sufficient Circumstances are Not 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 (~) SD Nay: ( ) ( ) ( ) Abstain: ( ) ( ) ( ) Absent: ( ) . ( ) (-) Notes: RD Ga ()0 JS () () () () () () NOTICE IS HEREBY GIV- EN', ~ursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of $outhold, a regular meeting and the fol- lowing Public Hearings will be held by the Southold Town. Board of Appeals at the Southold Tow Hall, Main Road, Southold, N.Y. on Thursday, October 15, 1981 commencing at 7:15 o'clock P.M. as follows: 7:15 p.m. Application of Carl H. King, 350 King Street, Orient, N.Y. for a Variance to the Zoning Ordinance, Aticie ~ ~-a~i-~~ to' the Z~ning q~ance, Article III, Section 1~0 for permission to con- struct professional office building in an A.Residential and Agricultural Zone with existing dwelling use at 29325 Main Road (a/k/a 320 Depot Lane), Cutchogue; hounded northwest by Fogarty; south- west by Depot Lane; northeast by Dunne; southeast by Main Road. County Tax Map Parcels Nc. 1000-102-2-12A and 11. 8:50 p.m? Application of Dominick and Rose DeMalo, by William J. Jacobs as agent, c/o Box 199B, Depot Lane, Cutchogue, NY for a Variance HI, Section 100-32 four pennis- to the Zoning Ordinance, sion to' con~'thct~ ac~essory~ } .! r Article. III, Section 100-31 for building in theT'~6ntyard area i ~ permission to construct new at 350 King Street,"orienfl ~ dwelling with insufficient front bounded north by Navy Street; west 'by Shaw and Nolan; south by King Street; east by Tyrrell; County Tax Parcel Item No. 1000-26-1-27. 7:20 p.m. Annlicatinn of Peouash Recreation Club. Inc., Boa 902, West Road, F. Lark, Esq.) for a Varlan~:e to tile Zonin[~ Ordinance, Article IH~ Section 100-35 for pennis- sion to construct fence along frontyard area exceeding maximum height require- ments tot Iences. LOCafio~ of (2uteho_~ue: bounded north- west by Morris; southwest by Cuteho_~ue ltareorl normelst by West Road: southest by' Cutcbol~ue-New Suffolk Park District: County Tax Map Parcel Item No. 1000-110-7-12; 7:30 p.m. Application ot Virginia L. Wickham, 108 Old Harbor Road, New SuffOlk, N.Y. for a variance for ap- proval of access, New York Town Law Section 280A~ Loca- tion of Property: 105 Old Harbor Road, New Suffolk; bounded north by Wickham; east by Cutchogue Harbor; south by Wickham; west by H. Wickham; County Tax Map Parcel Item No. 1000-117-3-1, 7:40 p.m. Application of Tobo Laja OrW, 187 Berry Hill. Road, Syosset, N.Y. 11791, for a Variance to the Zoning Ordinance, Article IH, Section 100-31 for permission to build new house with insufficient front and rear yard area at 435 Cleaves Point Road (a/Iv'a 1945 East Gillette Drive), Fast Marion, N.Y.; Marion Manor Subdivision, Filed MaP No. 2038, Lot; No. 83; further identified as County Tax Map Parcel Item No. 1000-38-4-27. 7:,50 p.m~ Application of Toba Laja Otto, 187 Berry Hill' i Roed; Syosset, N.Y., for a ' ' Variance in the Flood Damage Prevention Law of the town of Southold, Section 46-18 for permission to construct base- ment floor below the minimum base flood elevation require- 'moats at 435 Cleaves Point Road, East Marion, N.Y.; Marion Manor Subdivision. Filed Map No. 2038, Lot No. 83; further identified as Coun- ty Tax Map Parcel Item No. and rear yard areas at Cedar Point Drive West, Southold, NiY.; bounded north by Cedar Point West; west b'y Giordano; south by West Lake; east by Soverel; County Tgx Map Parcel No. 1000-90-1-4. 9:00 p.m. Application of Nicholas D. Yuelys, 56005 County Road 48, Greenport, N.Y~ for a Variance to the Zoning Ordinance, Article IH, Section 100,32 for permission to construct accessory building (garage) in the frontyard area at 56005 County Road 48, Greenport, N.Y.; bounded north by L.I. Sound; west by Chudan; south by C.R. 48; east by Atway. County Tax Map Parcel item No. 1000-44- 1-19. 9:15 p.m. Application of Victor L'Eplattenier, BOx 361, Puconic, N.Y. (bY Rudolph H. Bruer, Esq.) for Variances: (1) for approval of access, New York Town Law Section 280-a and (2) to the Zoning Ordin- ance, Article 111, Section 31 for permission to build new dwelling with insufficient f~ont and rear yard setbacks at Lake View AvenUe and Dickinson Street, Pecenic, N.Y.; bound- ed by Dickinson Struet; west by Lake View Avenue; south by Garrido; east by Garrido; forthet identified as Subdivi- sion Lots No. 57 and .58, Pe~onic Shores Subdivision. Flied Map 6S4. County Tax Map Parcel Item No. 1000-67- 3-12. 9:25 p.m. Application of Alan A. Cardinale, Bridge Lane, Cutchogue, N.Y. for a Variance to the Zoning Or- dinance, Article VII, Sections 100-70 and 100,71, A~icle VI, Section 100-62; to construct drive-in roof addition and alteration with an insufficient frontyard and further reduc- ton of landscaped area, for bank use. Location of Proper- ty: North side of Main Road, Mattituck, N.Y.; bounded west by Factory (Railroad) Avenue;) south by Main Road; north and east by Bethany Cemetery Association. County Tax Map Parcel Item No. 1000.142-1:26. 9:30 p.m. Application of Warren E. HUfo, Jr. and Ellen Hole, Wells Avenue, Sooth- old, N.Y. (by Rudolph H. 1000-38-4-27 ..... V 'ance to 7:55 p.m. Rehe~.nn~ Article pilcation of Robert , y y .............. u VII, Section 100-70 for penms- Variance to them-ming Ordin- ance Article .l.~..ection 100- 35A for permission to con' struct gate and fence exceed- lng maximum height limita- tions at 38350 Main Road, Peconic; bounded northwest by L.LR.R.; southwest by Otlo 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. Flins, 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-, in~ with an Insufficient front yard at 410 Airway Drive, Mattituck; bounded north by Bagshaw, Wickham; west by Peconic Corp.; south by Park Avenue; east by Wickham, Packin, Tandy, Kujawski. County Tax Map Parcel Item , No. 1000-123-1-2. 10:05 p.m. Application of Katherine Ebert for Mattituck Holding Corp., Mattit uck, N.Y. (by Norman A. Reilly as agent), for a Variance for approval of access, New York Town Law Section 280A. Loca- tion of Property: Right-of- Way off West Mill Road, Matthuck, N.Y.; bounded north by Mill Road and [, Killian; west by Leogrunde . and, Cox Neck Road; south by Chudiak, McGunnigle, Zeigler ) :po~( DeManla and North Drive; ~i~o Su east by Mattituck Creek; and near Boscola. County Tax Map Parcel Item No. 1000-106-6- pan of 13.3. ' 10:25 p.m. Recessed hear- COUNTY OF SUFFOLJI~jl SS: STATE OF NEW YORK Patricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER~WATCHMAN, o public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............... .~ ....................... weeks successiveJy, commencing on the ...... ~ ........................... day/'O'f"h-,~. ........ ~.-~.. ........................... 19.-.~..~- /,~ S/~orn to~.~before me this C~J~ of ............ ................. EDITH A. ~ NOTAry PUBLIC, Sla~e of N~ ~ Legals LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Cede of the Town of Southold, a Re/{niar Meeting and the following Public Hearings will be held by the Soathold Town Board of Appeals at the South- old Town Hall, Main Road, Southold, NY on Thursday, October 15, 1981 commencing at 7:15 o'c]eck p.m. as foliows: 7:15 p.m. Application of Cart 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- cel Item No. 1000-26-1-27. 7~o n m Annli~;~.ti0n _of Penuash Recreation Club~ choeue. NY (by Richard Fi Lark~ Esq.) for a Varianc6 tn ,III~ Section 100-35 t'or perm,s: 7:30 p.m. 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 Wiekham; east by Cutcbogue Harbor; south by Wickham; west by H. Wickham; County Tax Map Parcel Item No. 1000-117-3-1. 7:40 p.m. App]ieation of Toha Laja Orro, 187 Berry Hill Read, Syesset, NY 11791, for a Variance to the Zoning Ordi- nance, Article III, Section 100- 31 for permission to build new house with insufficient front and rear yard area at 435 Clew Point Road (a/k/a 1945, ,GilletteDrive), East Marion, NY; Marion Manor Subdivision, Filed Map No. 203~, Lot No. 83; further iden- tiffed as County Tax Map Parcel Item No. 1000.8~4-27. 7:50 p.m. Application of Toba Laja Orro, 187 Berry Hill Read, Syesset, NY for a Var- lance 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 16th Street, New York, NY 10011 (Robert W. Gil]ispie III as agent), for a Variance for approval of access, New York Town Law Section 2~0A. Location of Property: Right- of-Way off the east side of South Harbor Road, Southo]d, NY; bounded north by Stewart and Freund; west by Pani; south by the bay; east by Ba]lenger; 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- lance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addi- tion to existing dwelling with an insufficient sideyard set- back at 7130 Indian Neck Lane, Peconic; bounded north- west by Cukor; southwest by Hog Neck Bay; northeast and southeast by Prellwitz. County Tax Map Parcel Item No: 1000-86-7-8. 8:20 p.m. Application of Lenore Adamson, 55 Ships Drive, Southold, NY (bvy Thomas F. Day, Esq.) for a Variance to the Zoning Ordi- nance, Article III, Section 100- 31 for approval of insufficient area for division of premises located at North Bayview Road and Ships Drive, South- old, NY; bounded north by North Bayview Road; west by Ships Drive; south by Mullen; east by Reese. County Tax Map Parcel Item No. 1000-79- ~55 County Renew48 3750 youngs Ave~ , d, NY; bounded north · is and Dickerson; west ~gs Ave.; south by C.R. : by Edson. County Tax ircel Item No. 1000-55- p.m. Application of and Pat Lenz, Main · econic, NY for a Var- ~ the Zoning Ordinance, III, Section 100-35A for sion to construct gate ~nce exceeding max- height limitations at Main Read, Peconic; led northwest by L; southwest by Otto 'lorists; northeast by owlcz; southeast by 5. County Tax Map Item No. 1000-85-2-17. p.m. Application of ~ J, Flies, Jr. for Matti- ir Bese, ~40 Bray Ave- ~lattituck, NY for a ce to the Zoning Ordi- Article VIII, Section for permission to con- addition to office build- h an insufficient front- mt 410 Airway Drive, ~ck; bounded north by ~w, Wickham; west b~' c Corp.; south by Park ~ast by Wickham, Park- ndy, Kujawski. County lap Parcel Item No. 3-1-2. ~p.m. Application of 'ine Ebert for Mattituck g Corp., Mattituck, NY [orman A. Rnilly as for a Variance for ~a! of access, New York ~aw Section 280A. Leca- ~f Property: Right-of- if West Mill Road, Mat- NY; bounded north by oad and Killian; west b~' ~nde and Cox Nec~ south by Chudiak Mc- tie, Zeig]er, DeMaula ~orth Drive; east by ~ck Creek; and near la. County Tax Map Par- !m No. 1000-106-6-part of ~ p.m. Recessed hearing ~hew MeKiernan. ~ October 2~ 1981. BY ORDER OF ~'HE SOUTHOLD TOW I BOARD OF APPEALS ~7S7 1 ~ing duly Sworn, ~f the SUFFOLK }reenport, in said exed is a printed k Weekb/ Times ......... weeks Dated: October 2, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS RICHARD f. LARK ATTORNEY AT LAW CUTCHOGUE, NEW YORK 11935 September 17, 1981 Mrs. Judith T. Terry Southold Town Clerk Town Hall - Main Road Southold, New York 11971 RE: Pequash Recreation Club, Inc. - Variance for fence in front ~;ard area Dear Mrs. Terry: In connection with the above-captioned matter, I am enclosing the following: 1. Application for Variance in triplicate. 2. Notice to Adjacent Property Owners with proof of mailing together with certified mailing receipts attached thereto. 3. Notice of Disapproval from Building Inspector. 4. Short Environmental Assessment Form. 5. Wetlands Letter. 6. Five copies of survey of the premises. 7. My check payable to the order of the Town of Southold in the amount of $15.00. If all is in order, please place this matter before the Board of Appeals so a date may be set for a public hearing. Very truly yours, RFL:bc Enclosures -~------~) In order to ans¥ier the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the lihely impacts of the action. It is not expected that additional studies, research or o~her investigations will be undertaken. (b) If any question has been ans',¢ered Yes the project may be s~gnificont and o completed EnvSronmentol Assessment Form ~s necessary. (c) If all questions hove been ~nswered No it is iii<ely that this project 5s not s~gn~fScont. '.. (d) /'nvirontnsntal Assoz;~.,rn tn~ *~ '' ~. ['l~ projec[ re~u--~(-~n a large physical change to the proSecL site' or physLcaIly alter more thnn ~0 acre-., of land? .................... Yes X 2. ~'/5~ there be a major change to any unique or -unusuo~ Land fo~m found on the site? ...... _ Yes, x No 3. ¥I~1~ pro~ect o~ter or have a large e~ect on existing body of water? ................... Yes X 4. ¥/i~ project have o poten'L~al}y ].argo on grounch'tater quality? ................... Yes X' 5. ¥1i~1 project significantly el'feet dro}nege f~o~.t on odjecen[ sites? ................... Yes X No 6. ¥/i1~ pro,ecL affect any threotenad or endangered pleat or onSmal species? ..... Yes X No 7. ¥/Zii project result ~n o major adverse e~f;~'[" '' - on air quality? ~es X No 8, ~'tLlI project have o major erfcc[ on v~suoi character of' the cor,~mun~ty or scenic vlews or vlsLos known to'be 5inpatient to the community?. Yes, X 9. Will project adversely impact any site or .. structure of historic, prehistoric or poleontolc, gicol 5mporionce or o~y site desiDnoLed os o criticol environmentol orca by 1 I y? Yes. N lO. ¥lill project have o meier effect on exisiin9 or fu[ure recreolion~] opportunities? ......... Yes X Il. ¥7511 project result in .meier traFffc problems -- oK cause o major c~J'ect to existing transporiotlon systems? Yes X No 12. Will pzojec¢ regularly couse objectionable ' odors~ noise~ glare~ vibration~ or electricol disturbonce os o result oF the project's operation? ' Yes X No 13. Y/ill project },ave any inq~oct on public health ~ safety? Yesx No 14. Will p~oject affect tlne existing community by ~ directly causing o gro~.tth in parmrmcnt population of more than 5 percept over o one year period or have o m~jor negative on the character of the community or neighborhood? ................................. Yes X No 15. Is there public controversy concerning the project? Yesx No REPRESEIIII[~G Pequash/ecreation Club, Inc. DATE ~ptmr 12 , 1981 September 12, 1981 (Today's Date) To: lie: Southold Town Board of Appeals Main Road Southo!d, NY 11971 Appeal Application of Pequash Recreation Club, Inc. Location of Property: West Road, Cutchoquet New York Dear Sirs: In reference to the New Yerk State Tidal Wetlands Land-Use Regulations, g 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. Ix] Is not located within 300 feet of tidal wetlands to tile 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, REC, R~AT;gN CLUB, INC. (gignature please) Jame~_C. Henderson President TOWN OF SOUTNOLD, NL~¥ YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE..~. ,~. ~.. ,~.~..~.z'..../~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~..~.qp.~.s.~....a.~..c.~..~..~ z.9.~' .:¢~p.~ .,.... ~ NC .. ,... ~ ~.~...~.o. ~.~,....~.:... 9. ,....~x... ~...o..2. ............. Name of Appellant Street and Number .... .C.~..~..o..~...o.~..u.? ................................................................. .N.e~..~.9.1g~....~.~.~..~.,5....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..~..~..c.l.~...~..~....~.0..~...,~.9..8...~. ............... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of .... ~.....o.........~?....x.....g..0..2. ,.....c..u..~.a.b.a.g.~.e.,... ~..e.~...~..,.. ~,3, ~.;~ ,~ .............................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) To erect f~nce 1. LOCATION OF THE PROPERTY ..~....u.~..9.~....~...e..w..~..Y.9..r..~.....A..~..~.~.~..~...q.e.~.~..t.A~A...-...~g~t=~ Street Use District on Zoning Map Buffffolk County Tax MaD No..1.000-110-07-012 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III, Section 100-35 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 not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ~) A Variance to the Zoning Ordinance ) ~s requested for the reason thatyottr Pet:Lt'ioner de~JLre~= to ereot along the front yard of its property a chain link fence five feet in height. Form Z~l (Continue on other side) REASON FOR APPEAL Continued . 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because your Petitioner has used this property for its recreation activities since its founding on March 12, 1890, however, in recent years the club property has been subjected to trespassing and much vandalism. A year ago an outdoor light was 91aced on an utility pole in an effort to deter vandalism. In the last several months the Club has been broken into several times and various item have been stolen. It is your Petitioner~s belief it has no choice but to erect a fence across the e~tire ~t yardofits property with a locked gate in order to keep out trespassers in an effort to reduce vandalism to its property. The Cutchogue-New Suffolk Park District several years ago erected a five foot chain link fence surrounding its property. It is your Petitionert~ desire to continue this five foot in height chain link fence across the front yard of its property. In ~additi~t~y~et£tioner in~ to provide a return to allow a car to pull off West Road in order to ~n]~. the gate which will be kept locked when the Club property is not in use. A four foot fence would not match the existing five foot chain link fence erected by the Park District on West Road and due to the topography of Petitioner's property it would be of little value in keeping out un-' authorized persons. The request for five feet exceeds the Zoning Ordinance ~equirement by-one foot and is not subS~t~ai~ By t~e ~Boar~g~ting the (continued on Rider attached hereto uneer 2. The hardship created iS UNIQUE and is not shored by oil properties alike in the immediate vicinity of this property and in this use district because due to the topography of Petitio:er"s property a five foot fence would be the m~nimum in order to be effective in keeping out unauthorized persons. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the use of Petitioner's property will not be altered by the erection of this fence with a gate in the front yard area. In fact the five foot in height cyclone fence would give a uniform appearance and bland in with that of the Park District property. PBQUA~I~ECR~ATION~L CLUB, INC. ) SS ........... COUNTY OF SUFFOLK ) / / S'gnature . ames C._ Hen~ler~on, President 12th Sworn to this ................................... , ......... day ~f ....... ~.e~...te..~l)~.~ ........................... 19 81 RICEAR~) F. LARK NOTARy P~JBLfC, APPEAL FROM THE DECISION OF THE BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. PEQUASH RECREATION CLUB, INC. REASON FOR APPEAL: #1 continued: variance it will not increase any population density, but should act as a deterrent to keep out vandals and trespassers thereby reducing complaints to the Police Department. The construction of a five foot fence with a gate will not change the character of the neighborhood and will not be any detriment to surrounding properties. Your Petitioner has tried other methods such as lighting and increased police protection to stop the vandalism to its property all without success. Attached hereto as Exhibit A is a copy of the Application For Building Permit dated August 10, 1981 showing a sketch of the proposed chain link fence. PEQUASH RECREATION CLUB, INC. .// J~es C. ~enderson, President / BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of PEQUASH RECREATION CLUB, INC. to the Board of Appeals of the Town of Southold TO: Cutchogue-New Suffolk Park District c/o Richard Grathwohl Main Road Cutchogue, New York 11935 YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER Richard A. Morris c/o International Rice Research Institute P. O. Box 933 Manila, Phillipines 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold ~ to request a (Variance) (,5~er,~iK[c~:le~l{0~L~i~l~ (the following relief: to erect a five ~ foot chain link fence in the front yard area. ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North by West Road: East by Cutchogue-New Suffolk Park District: South by Peconic Bay: West by Richard A. Morris 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: to erect a five foot chain link fence in the front yard area. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sectic~ 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. (516) 76'5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: September 12, 1981. PEQUASI~/RECREATION CI~U~, INC. loner James ~.~' Henderson, President Post Office Address Cutcho~ue, New York 11935 NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Cutchogue-New Suffolk Park District c/o Richard Grathwohl Main Road Cutchogue, New York 11935 Richard A. Morris c/o International Rice Research Institute P. O. Box 933 Manila, Phillipines ~ U. ~= Barbara Diachun . residing at School House Road, Cutchogue, New Yt~rk , being duly sworn, deposes and says that on the 16th day of ~qept~_mh~r ,19 81, deponent mailed a true copy of the Notice set forth on the re- ver~e 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 Cutchoque. New York ; that said Notices were mailed to each of said persons by (certified) (~e~l) mail. Sworn to before me this 15th day oF September~ 19 81 / Notary Public Barbara Diachun BABETTE CORNINE NOTARY PUBLIC, Sta~e of New York Suffolk C~unty No. 52-5792800 Commission Expires March 30, 19-~. \V[eT .......... poll.- 4-1 I00.0 ~ ~u~v~y~m FO~ ~ .PBQU~ CLUB r~Ay ,AT CUTC~J oeug TOWU OF GOU'I'I. IOLD, 66AL[;'. J,O'-- 1" e= llZOU GUlZYgygh: JuUt; Z~, 19f~6 V.~LI TUYL & 50LI