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HomeMy WebLinkAbout2844~495 Vanston .Rd., .Gut~c.~mgue 7/9/8I CA-extend exisitng k&n6e (~ feet high)- into frontyard TOWN~ OF SOUTHOLD, NEW YO~K ACTION OF THE ZONING BOAILD OF APPEALS AppealNo. 2844 by application Dated June 10, 1981 ACTION OF TItE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mark & Frances C. Squires 88B Vanston Road Cutchogue, NY 11935 9/16/81 DATE .................... : Appellant ar a meeting of the Zoning Board of Appeals on July 9, 1981 was considered and %he action indicated below was taken on your ( ) Reques~ for variance due To lack of access [o property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to %he Zoning Ordinance Art. III, Sec. ( ) 100-35 the appeal ~a~ed ( ) be deffied pursuan~ to Artiale .................... Set.on .................... Subsection .................... para~e~ .................... ~ the Zoning Ordinance and the deeiston of ~e B~lding l~pector ( ) be reversed ( ) be co~imed b~ause Public Hearing: 7/9/81: 8:40 P.M. Application of Mark & Frances C. Squires, 88B Vanston Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-35 for per- mission to extend existing fence (6 feet high) into fron%yard area at 2495 Vanston Road, Cutchogue, NY; Nassau Point Subd. Filed Map ~806, Lot 357; County Tax Map Item No. 1000-~111-6-6. (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 shal~ed by alt properties alike in the immediate vicinity of this proper*y and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be grunted ( ) be denied and that the previous dealsions of the Building Inspector ( ) be confirmed ( ) b~ reversed. CG: lk FORM ZB4 ZONING BOARD OF .A-PPE~kLS After investigation and personal and determines as follows: inspection, the Board finds By this appeal, appellants seek permission'to erect fence along property lines not closer than 55' east towards dwelling from Vanston Road. The premises in question contains an area of approximately 30,000 square feet, and the existing one-family dwelling is setback 110 feet from a tie line from Vanston Road. The Board agrees with the reasoning of applicants. The Board finds that the relief requested is not substantial in relation to the Code requirements; that the circumstances are unique; that the variance if granted will not change the character of the heighborhood; that the relief requested is within the spirit of the zoning ordinance; and that the interests of justice will be served if this variance is granted. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RES©LVED, that the relief requested Mark and Prances C. Squires in Appeal No. to the following CONDITION: in the application of 2844 is granted SUBJECT No further fencing (over four feet high) within 55 feet to the front property line. Location of Property: 2495 Vanston Road, Cutchogue, NY; County Tax Map Parcel Item No. 1000-111-6-6. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. APPROVED' 'tm, TT 37T'~ BY RECEIVED AND THE SOUTHOLD ¢~w LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be'held by the Southold Town Board of Appeals at the Sonthold Town Hall, Main Road, Southold, NY on Thursday, July 9, 1981 commencing at 7:15 p.m. and as follows: 7:15 p.m. Application of Amelia Vaskelis, P.O. Box 522, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct dwelling with insufficient rear yard area at the corner of Jernick Lane & Oaklawn Avenue, Southold, NY; also known as Harvest Homes Estates Subd. Filed Map ~5337 Lot 22; County Tax Map Item No. 1000-70-3-16. (c/o Inland Homes, Box 117, Mattituck, NY). 7:25 p.m. Application of Tom Crowley & wife, 745 Cedar Drive, East Marioh, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct addition to dwelling with insufficient side yard area at 745 Cedar Drive, East Marion, NY; bounded north by Reich; west by Csdar Drive; south by Kapassals; east by Vasquez and Frumenti; County Tax Map Item No. 1000-22-2-42. (by Peter R. Stoutenburgh as agent). 7:35 p.m. Application of Frank A. Battel, c/o Municipal Building, Teterboro, New Jersey (by Richard J. Cron as attorney) for a Variance to the Zoning Ordinance Art. III, Sec. 100-31 for approval of insufficient area and/or width of five proposed parcels known as Shorecrest ~ubd. Filed Map # 5584, Lots 10,11, 12,13 & 14; also known' as south side of Bayberrry Lane, Greenport, NY; County Tax Map Item No. 1000-52-3-15,16,17,18,19. 7:45 p.m. Application of James R. Giambalvo, 72 Columbia Road, Rockville Centre, NY (by Richard J. Cron as attorney) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to divide property into Minor Subdivision of four lots and approval of insufficient frontage of Lot ~1 of said lots at east side of Indian Neck Lane, Peconic, NY; bounded north by Schlumpf; west by Indian Neck Lane ; south by Pontino and Harvey; east by Richmond Creek; Caunty Tax Map Item No. 1000-86-5-9. 7:55 p.m. Application of James Cooper, 865 Love Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to constrUct'deck addition to dwelling at 865 Love Lane, Mattituck, NY; bounded north by Love Lane; west by County Road 48; south by Bell Est.; east by Ashton; C~unty Tax Map Item No. 1000-141-3-26. Page 2 Board of Appeals Regular Meeting of July 9, 1981 legal adv. 8:05 p.m. Application of Phebe M. Bridge Estate, (Robsrt W. Gillispie, III, P.O. Box 1112, Southold, NY as agent) for a Variance to Section 280A Subsection 3 of the Town Law and Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area of proposed parcel ~1, approval of insufficient area and width of proposed parcel ~2, approval of access of proposed parcel ~3 of three proposed parcels at south side of Main Road, Southold, NY (R-O-W off south side of Main Rd, west of boundary to Burns Real Estate); bounded north by Dubovick, Hagerman, Town of Southold, Burns and State Road 25; west by Schneider; south by Bridge; east by Cumm±n~s, Scott and Methodist Church; County Tax Map Item No. 1000-61-4-2, 9. 8:20 p.m. Application of Colonial Corners, Inc., Main Road, Southold (William B. Smith, 220 Mechanic Street, Southold, NY as agent) for a Variance to the Zoning Ordinance, Art. VII, Sec. 100-71 for approval of insufficient area and yard set back of two proposed parcels at south side of Main Road, Southold (east parcel to Dubovick), NY; bounded north by State Road 25; west by Dubovick; south & east by Methodist Church; County Tax Map Item No. 1000-61-4-7. 8:30 p.m. Application of David L. Mudd, North Road, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 A & C, 100-32 for permission to construct accessory shed'with insufficient side & rear yard setbacks at property located on the north side of C.R. 48, Southold; bounded north by Lieblein; west by Doroski; south by C.R. 48; east by Morris, Aliano and Latham; County Tax Map Item No. 1000-59-9-28. 8:40 p.m. Application 9f Mark & Frances C. Squires, 88B Vanston Road, Cutchogue, NY for a Variance to the Zoning Ord- inance, Art. III, Sec. 100-35 for permission to extend existing fence (6 feet high) into frontyard area at 2495 Vanston Road, Cutchogue, NY; Nassau Point Subd. Filed Map ~806, Lot 357; County Tax Map Item No. 1000-111-6-6. 8:55 p.m. REHEARING of application-Rose Dansker, 300 East 56th Street, Apt. M., New York, NY 10022 (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Art. !II, Sec. 100-31 for approval of insufficient area and width of two proposed parcels located at Wells Road, Peconic, NY; bounded north by Wells Road; west by Groben; south by Richmond Creek; east by Krueger. County Tax Map Item No. 1000-86-2-10 & 11. Dated: June 26, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, July 2, 1981 and forward 10 affidavits of publication to: Board of Appeals, Town Hall, Main Rd., Southold, NY 11971, as soon as possible. FORM NO; 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD. N.Y. NOTICE OF DISAPPROVAL F~le No ................................ Date .. ,. ................... ..... ~.~.. ~.....~.~...~. :..~.. ..... .......... ~~.~.....~: .... ! ~ PLEASE TAKE NOTICE that your application dated .......... .~..~....~. ?.., 19..~... for permit to construct ..... .~. ~..~..../~4....~... ~....~..~. ~..~.....~.~... at House No. Street Ham/et County Tax Map No. 1000 Section ..... (.l..I ..... Block ..... ~-~ ...... Lot ...~. .......... Subdivision..~..~.~,~.....~... Filed Map No... ~... ~. ....... Lot No...~. ~ 7 ......... . ~ returned herewith and disapproved on the following grounds... ~....ce. ~ ............ ....,-/~..x..: .... ...~z......~.-...~C.~.~..,~. ~.4..~:~..., .... ..~..~. f.~ RV 1 (80 FORlVl NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 T£L.: 765-1802 Examined .... ..... . 19~ . ....... .......... (Buitdin~ Inspector] A~PLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be compIetely filled-in by typewriter or'in ink and submitted in triplicate to the Buildi Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan sho.~/iag location of lot and of buildhngs on premises, relationship to adjoining premises or public stre~ or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this ap~ cation. c. The work covered by fids application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Pe_~it to the applicant. Such porn shall be kept on the premises available for inspection throu~mut 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 thc Building Inspector. APPLICATION IS HEREBY MADE to the Buildh~g Department for the issuance of a Bufldff~ Permit pursuant to t Building Zone Ordinance of the Town of $outhold, Suffolk County: New York, and other apRticable Laws, Ordinances Regulations, for the construction of buildings, additions or alterations, or .for removal or demolition, as herein describ,'- The appIicant agrees to comply with all applicable laws, ordinances, building code, housing codeq and regulations, and admit antkorized inspectors on premises and in buildings for necessa~ inspections. __ __ ?,~?,:,.1 ...... ~. ................ ~ tSiqneture o~1~1~llcant, or naLfa/e, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general co~ttractor, electrician, plumber or bull& Name of owner of premises ........... · .~..~ · .4~5 .c.n.~!×. ~ · -~ ~-~)-- ~f'~ <'-,-- ------- ~-- ...................... If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No...~. ?.f.~..,~..,~...2~.... ~'f.~./..,~ Plumber's LicenseNo ......................... Electrician's License No ....................... Other Trade's License No ...................... l. Location of land on which proposed work will be done .... ~...~...~...t~...~./(ff XO~/q'/~ '~ ..... .......................................... ouse Nu,~ bet ...~;'-- ........... Street Hamlet County Tax Map No. I000 Section ..... ......... Block ~ ~ Lot ~ Subdivision...~...'~.~41 . . .ff./?,/'./~. ? ................ '. Filed Map No...~..~).4, ....... Lot.., -~-~-~...7 ..... (Nmne) 2. State existing use and occupancy of premises a,n,,d intended use and occupancy of proposed construction: a., isting eandoccnpanc ...... ....... ..... . ...... b. Intended use and occupancy ..... ,~.~...,~.~./:~. ' ........................................... Nature of work (check which app[ '~Ie): New Building .......... Addit .......... Alteration ........... Repa/r .............. Removal .............. Demolition .......... Other Work. (Description) Estimated Cost ...... .~...c?..~cOd). ~ ......... ................. -. ........... (to be paid on filing this application) If dwelling, number of dwelI/ng units ............... Number of dwelling units 6n each floor ............... If garage, number of cars ....................................................................... If business commercial or mixed occupancy, specify nature and extent of each type of use .................... Dimensious of existing structures, if any: Front ............... Rear .............. Depth .............. Height ............... Number of Stories ....................................................... Dknensions of same sm~cture with alterations or add. itions: Front ................. Rear ................. Depth ...................... Height ...................... Number of Stories ..................... Dimensions of. entire new construction: Front ............... Rear ............... Depth .............. HeiSt ............... Number of Stories .................... ' ................................... Size of m,.r Front .... ._:_~ ;~...~.~_~ _.~ ~5~(ear. ,?./.d/~.. '" . ........................ Dept .............. . ~h '.1~..C% ' ~..0. / ' .~:/%~r.~ ...... Name of Former Owner Date of i~ur~.:.ase ................. 4?.,/~ffc~ Zone or use district in which premises are situated ..................................................... Does proposed construction violate any zoning !aw, ordinance or re~dation: ................................ Will Iot be regraded ............................ Will excess fitl be removed from premises: Yes No Name of Owner of premises ..................... Address ................... Phone No ................ Name o, Arch~ .c ........................... Address ..................... Phone No ................ Nmne of Contractor .. '.~./~,~.?.'f.' ./~. i..~.--~..A).-~J./4/..~.. Address .... .,~./ff..~.-~..//cc~Q... Phone NO ............ ). i. L PLOT DIAGRAM Locate clearly and distinctly all buildings: whether existing or proposed, and. indicate all set-back dim snsions from :'operty lines. Give street m~d block nmnber or description according to deed, and show street names and indicate whether :terior or corner lot. \ TATE OF NEr~K,~~~ ~ ~ ~ ' ' ~ being duly sworn, deposes and says flint he ~ the applicant (Name of individual sign~contract) f ~ove named. e is the (Contractor, agent, corporate officer, etc.) [ said owner or ownem, ~d is duly authorized to perform or have performed th~ s~id work and tomco and file 9plication; that all statements conrah~ed ~ this application are true to th~ best of his ~owledge and belief; ~d that the -ork will be performed in the m~ner set forth in the application filed therewith. worn to before me t~s .......... .... ;.., TOWN OF SOUTHOLD,~ NEW YORK APPEAL FROM DEC1StON OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUl'HOLD, N. Y. ), (We) ...... of ..................... Street and Number ........... .................................................... ^PPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUtLD~'NG INSPECTOR ON /:./ 'APPLICATION FOR PERMIT NO ..................................... DATED .................................................. 'WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ~( ) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY q. LOCATION OF THE PROPERTY ...... --.~.....~..-~...~.........~..~.~.~..~......~..~Z~...:..(~...~.~.~.O~;~.. ~t~O~ Street Use District on Zoning Map .............. ................ /U. 40 lnn-p IMOD No. Lot No. ~ ~-? 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- ~ection aha Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) TYPE OF APPEAL Appeal is mode herewith for A VARIANCE to the Zoning Ordinance or Zoning Moo A VARIANCE due to lack of access (State of New Yor~ Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ~. PREVIOUS APPEAL A previous appeal (has) (_.~,.~een made with respect to this decision of the BuiIding Inspector or with respect to this oroaerty. Such ~ppeol was ( ) request for a special permit ( ) request for a varmnce and was made in Appeal No ................................. Dated ...................................................................... ( ~ REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance Ls requested for the reason that (Continue on other side) REASON FOR APPEAL - (~ontinued 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2 The hardship?reared is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property ant in this use district because 3 CHARACTER OF THE DISTRICT because The variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATEOF NEW YORK ) COUqTY OF ~<~ SS Sworn to this ............. .~...~,.....~....~.. ...... Signature ~'/ day of ...... ..~ ......................... 19o~' Today' s Date: blembers Absent, if any: JULY 9, 1981 Appeal No. Agenda Item/Matter of: T)~e of Variance or Appeal: Resolution made by: Seconded by: 2844 .. SQ__U~RES~ ~r~ & Frances C. to extend existing____fence (6_~')___into front yard area 2495 Vans%on Rd., Cutchogue GCharles Robert ~ G~rard r,gon,s 5%¢% Douglass ~oenrmger ( ) ( ) (x) ( ) (xx) ( ) ose . ( ) ( ) Action: Approve as applied for Deny as applied for Deny Deny without prejudice Withdrawn without Prejudice (X) Approve with the following conditions: 1. NO further fencing ~ver 4 feet hig~ b~ ~t~r f~=~ 55 feet to the front property line. ( ) SubJect to County Planning referral ( ) Subject to Planninq Board approval ( ) Subject to D.E.C. requlations ( ) Other: Findings of the Board are as follows: Other: Not W'ithin the Character of the Neighborhood Variance is Substantial in Relation to Code If so, Hardship not sufficient Hardship or Difficulty Not Unique Will set a precedent in the neighborhood Area is already very congested Interests of justice served by denyin9 ( ) Granting the Relief Requested is within spirit of the zoning code ( ) Relief is not substmntial ( ) Burden of hardship or difficulty shown and is unique ( Variance will not change character of the neighborhood Interests of Justice served by granting Notes: Vote of the Board: Ayes: (X) CG (K~ SD (Xj' RD (X) GG (X) JS Nay: ( ) ( ) ( ) ( ) ( ) Abstain: ( ) ( ) ( ) ( ) ( ) Absent: ( ) . ( ) ( ) ( ) ( ) LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of South- old, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thurs- day, July 9, 1981 commencing at 7:15 p.m. and as follows: 7:15 p.m. Application of Amelia Vaskelis, P.O. Box 522, Southold, NY for a Variance to the Zoning Ordin- ance, Art. III, Sec. 100-31 for permission to construct dwell- lng with insufficient rear yard area at the corner of Jernick Lane & Oaklawn Avenue, Souithold, NY; also known as Har~est Homes Estates Subd. File~ Map #5337 Lot 22; Coul~ty Tax Map Item No. 1000-70-3-16. (c/o Inland Homes, Box 117, Mattituck, NY). 7:25 p.m. Application of Tom Crowley & wife, 745 Cedar Drive, East Marion, NY for a Variance to the Zoning Ordinance, Art. II1, Sec. 100- 31 for permission to construct addition to dwelling with in- sufficient side yard area at 745 Cedar Drive, East Marion, Southold; 4 and State Road 25;'W~II~Y Schneider; south i-by' Brid~i' east by COUNTY OF SUFFOLK Cummings, Scott and Method- ist Church ~CoUntE; Tax Map STATE OF NEW YORK Item No; 1000-61-4-2, 9. 8:20 p.m. Application of Colonial Comers, Inc., Main Road, Southold (William B. Smith, 220 Mechanic Street, Southold, NY as agent) for a Variance to the Zoning Ordin- ss: Patricia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; ance, Art. VI1, Sec. 100;71 for approval of insufficient area and that the notice of which the annexed is o printed copy, and yard setback of two has been published in said Long Island Traveler-Watch- proposed parcels at south side of Main Road, Southold (east man once each week for .............. .~. ........................ weeks parcel to Dubovick), NY;- bounded north by State Road successively, commencing on the ...~. .............................. Sworn to before me this .......... ..~ .................. day of ....... ............. , 25; west by Dubovick; south & east by Methodist Church; County Tax Map Item No. 1000-61-4-7. 8:30 p.m. Application of David L. Mudd, North Road, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 A & C, 100-32 for permission to construct acces- sory shed with insufficient side & rear yard setbacks at property located on the north side of C.R. 48~ Southold; bounded north by Lieblein; west by Doroski; south by C.R. 48; east by Morris, Aliano and Latham; County Tax Map Item No. 1000-59-9-28. 8:40 n.m. A~plication o~f lV~ark & Frances C. :squires. '~F8B Vanston Ko~dr Cutch- ue, NY for a Variance to the nin~ Orctmance, Art. Ill, S,~ee~100-35 for permission t6 extend existin~ fence 16 feq ~/~h/ into frontygrcl area at 2495 yanston Roi~d. Cutch, o~ue, NY; Nassau Point Sub0. gil~cl Man #806. Lot 35/; ('n~tntv Tax Man Item No. 8:55 p.m. REHEARING of application-Rose Dansker, 300 East 56th Street, Apt. M., New York, NY 10022 (by Gary Finnner Olsen, Esq.) for a · Variance to the Zoning Ordin- ance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels located at Wells Road, Peconic, NY; bounded north by Wells Road; west by Groben; south by Richmond Creek; east by Krueger. Court- ty Tax Map Item No. 1000- 86-2-10 & 11. Dated: June 26, 1981. BY ORDER OF CLEMENT J. THOMPSON NOTARY POBLIC, State of New York No. 52-9321725 R~iding in Suffo k County Commission Expires March 30, 19~oC~ LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southnid, 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, July 9, 1981 com- mencin~ at 7:15 p.m. and as follows: east by Methodist Church; County Tax Map Item No. 1000-61-4-7. h30 p.m. Application of id L. Mudd, North Road, thold, NY for a Variance to Zoning Ordinance, Art. III, Sec. 100-30 A & C, 100-32 for permission to construct ac- cessory shed with insufficient side & rear yard setbacks at property located on the north side of C.R. 48, Soathold; bounded north by Lieblein; west by Doreski; south by C.R. 48; east by Morris, Aliano and Latham; County Tax Map Item No. 1000-59-9-28. ._~.'40 p.m. Apnlication of Sec. I00-35 for perrp~.~_~n, fa, COUNTY OF SUFFOLK, STATE OF NEW YORK, cho~ue~ NY: Nass0u Pnint · ' " o. 806 Lot ~:55 p.m. Rt~HEARING of application-Rose Dansker, 300 East 56th Street, Apt. M., New York, NY 10022 (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Or- ~{uance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels located at Wells Road, Peconic, NY; bounded north by Wells Read; west by Groben; south by Richmond Creek; east by Krueger. County Tax Map Item No. 1000-86-2-10 & 11. Dated: June 26, 19/IL BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR. CHAIRMAN I ~ ss: J ~.~l~;hV~.Oll .................. being duly Sworn, s Printer and Publisher of the SUFFOLK newspaper published at Greenport, in said notice, of which the annexed is a printed ished in the said Suffolk Weekly Times ~or ...... .o.I1 .e ................. weeks Icing on the ...2..II./i. ................... ..... NOTARy PUBLIC, Stlte of New York No 4707878, Su~oik Counh, Yerm £xo*res March 30, 19~.~ Addendum to Legal No'~lce 7/9/81 Board of Appeals Regular Meeting On Monday, June 29, 1981, copies to: Amelia G. Vaskelis Inland Homes (for Amelia Vaskelis) Mr Thomas Crowley Mr Peter Stoutenburgh (for Mr. Thomas Crowley) Mr Frank A. Battel Mr Richard J. Cron (as atty. for Frank A. Battel & James R. Giambalvo) Mr James R. Giambalvo Mr James Cooper Mr Robert W. Gillispie, III (as agent for Phebe M. Bridge Estate) Colonial Corners, Inc., c/o William B. Smith Mr. David L. Mudd Mr. & Mrs. Mark Squires Gary Flanner Olsen, Esq. (as atty for Mrs. Rose Dansker) Mrs. Rose Dansker The following adjacent property owners to Frank A. Battel: Mr Herbert J. Brown Mr Henr/ Bischoff Mr Thongs F. Mallon Mr Valentine Ruch, IV Mr Albert Schilke Ms Dorothea Shipp Mr & Mrs. George Walstein Orestes Christophides Ms. Janine Holder Mr. Irving Pitman Mr. Valentine Ruch V. Mr. Harold Servin Mr. Richard Vanderbeek Ms. Helene Young Sahak Ozdemirci Z.B.A. members T.B. members Town Attorney Supervisor Town Clerk Bulletin Board (posted June 29, 1981) Appeal files Mr. Andrew Krupski, c/o William Smith S th Id To B d f'App Is OU 0 OUr 0 MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR.. CHAIRMAN SERGE DOYEN. JR. TCfl,~Y T U T:'i',L L ROBERT J. DOUGLASS GERARD P. GOEHRINCER Joseph H. Sawicki N. Y. S. NOTICE OF DECLARATION PURSUANT TO ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2844 Application of: Mark & Frances C. Squires Location of Property in Question: 2495 Vanston Rd. Cutchogue, NY County Tax Map Item No. 1000- 111-6-6 Project Proposed by Appeal Application:to extend existing fence (6 feet high) into f~ontyard area. ENVIRON~SENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed herein is hereby classified as a Type II Action not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The property in question is not located within 300 feet of tidal wetlands. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal appli- cation. Dated: June 30, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Copies to: Town Clerk Bulletin Board Applicant ZBA file JUDITH T. TERRY TOWN CLERK REGISTRAR Oi VITAL STATISTICS Southold, L. 1., N. Y. 11971 TELEPHONE (516) 765 1801 June 11, 1981 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2844 application of Mark & Frances C, Squires for a variance. Also included are notification to adjoining property owners, notice of disapproval from the Building Inspector, short environmental assessment form, and wetland questionnaire. JTT/bn Enclosures Town Clerk ~' SHORT EFIVIRONHENT^L ASSESSt4ENT FORI4 INSTRUCTIONS: ---- (o) ]~ order to answer tile questions in this short EAF it is assumed that the preparer ~.lill use currently available in[ormation concerning the project end the likely impacts or the action. It is not expected that d additional studies, research or other investigations will be un ertc, l.en. (b) If any question has been answered Yes the project may be $igni£icont and o completed 5nvlronmentol Assessment Form is necessary. (c) If all questions have been answered Jqo it is likely that this project is not significant. (d) Environmental Assessment · 1. ~'/i~l project resul'%--in o large physical change ' to the project site or physically alter more ~han 10 acres O[ land? ........................ YesX No 2. %'1ill there be o major change to any unique or -unusual land form found on the site? ....... 3. %'1ill project alter or have o large' effect ~ '' existing body of water? .................... YD~ ~ ND 4. %'/ill project have o potentially large impact , y vi on grouncJwater quality? es.~ No 5. Will project significantly effect drainage flow on adjacent sites? Yes. No ' 6. %'fill project affect any threatened or endangered plant or ~nimal species?. . W ll p oject result o , ojor Ve . No on air quality? .......................... Yes_~No character of the community or scenic views or vistas known to:be important to the community?. Yes. XNo 9. %'~ill project adversely impact any site or struc±ure of historic, prehistoric or paleontological importance or any site designated os a critical environmental area 10. %'till project have o major er£ect on existing or future recreational opportunities? ......... Yes 11. %~ill project result in .major traffic problems .... oK cause o major effect to transportation systems? ....................... Yes 12. %'7ill project .regularly cause objectionable o~ors, nolse~ glareI vibro{ionI or elec'[~'ical disturbance os a result or the project's Yes XNo' 'ration? · ope 13. ~'liIi project have any i~pact on public heaith' o~,safety? .................................... yes X~o 14. Will p~aject affect the existing communlt¥ by '' directly eausin~ o ~row~h in permanent population o~ more than 5 percept over a one year per~od or have o major negative 15. on the character of the community or neighborhood? ................................. Yes, X~o Is there public controversy concernin9 the r ' t? ~ X N P ojec ...................................... es,% o REPRESENTING To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of ~r~,~_ ~u~5 Location of Proper~: ~,~ Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use R~gulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property i,~ the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. [~] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (Signature please-~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ............... Name of Appellant Street and Number .......... ~.~/Z,~.~/~,6.~--- .................................................... ~..~.~...,~..,~.....HEREBY APPEAL TO Municipality I/ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...... ~;~..~`~.~...~.~..~.~.~.~.~.~.~.~.~.~.~..~.~o/~...~.~...T.~././~o~..' Street Use District on Zoning Map ............. ................. 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.) /ri,er. 5 er/&,O 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 (has) ( S nk~'..no.~t,~een made 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 A Variance to the Zoning Ordinance is requested for the reason that Form (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 hordship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE ST^TE OF NEW YORK COUNTY O~/-4rl ss Sworn to this .............. ~...~v.....~...::Z::i. day t.~ Signature of ............. ~-~ ...................... Notary P_ubl. i.c. ...... ~LIZABETH ANN NEVILLE JJOTARY PUBLIC, Statl of New Y~tk No. 52-8125850, Suffolk Coue.,~j Term ExpireS March 30, BOARD OF APPEALS. TOWNOF SOUTflQLD in the Matter of to the Board of J TO: NOTICE YOU ARE HEREBY GIVEN NOTiCE~ 1. That it is the intention ~ Town of Southold to request a (Variance) (Spec.~lJ~ri~eption) 2. That the property which is the subject of the ~ I~l I~ ~ te ~ ~y ~d is d~ cr,~ed:~ ~ follows: ~ ~ ~ 3. That the pro~y which is the ~u~t of such Petition i~ Iocat~ in the following zonin8 di*trict: 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: ~x~,,t.~ ~ ~o~) - ~- 6. That within five days from the date hereof, a written Petition requestin8 the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspape~ published in the Town of Southold and designated for the publication of such notices; that you or your representative ha~e the right to appear and be heard at such hearing. Post Office Addres~ NAME PROOF OF MAILING OF NOTICE ADDRESS P34 RECEIPT FOR CERTIFIED MAIL NO I PRO¥1BED-- NOT FO4 MAIL RECEIPT FOR C~Ff~IED MAIL NO INSURANCE COVERAGE PROVIOEO-- NOT FOR INTERNATIONAL MAIL (See Reverse) CERTIFIED FEE SPECIAL DELIVERY SNOW TO WHOM AN D DATE DELJVERED SHOWTOWHOM AND DEUVEREDWITH REST DELIVERY SHOW TO WHOM ADDRESS OF DELIVERY RESTRICTED DELIVERY STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Sworn to ~ me this ! ~) C/~ ELIZABETH ANN NEVILLE ~OTARY PUBLIC:, State of New York ~o. 52'8125850, Suffolk ~9o(~ Term Expires March 30, C.~'/~:~V' ~ ~..,r~<. .resldlngat ~_/~/4~.~' VCL.~. (~ '¢ ~0/-_ ~ O~. ~ ~'1~-~ . being duly sworn, deposes and says that on the ~ day of "-~-~-~ ~ ,19 ~z-~-, deponent maded a true copy of the Not~ce set forth on the're- verse side here~f, directed to each of the ~bove-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 as~s~s~s~s~s~s~s~s~sment~ol~l of ~_~ Town of S,out~;dd; that said Notices were mailed at the United States Post Of- fice at ~ ~ ~,~ .~_~ ~ ?/., ./~ ~' ; that said Notices were mailed to each of said pe. rsons by (certified) (registered) mail. V ~ __ 1.6A(c) ~., 1.9A(c ) 4: 6 4 1 1.6A(c ) Co ~.P ./7 4. SA(c) 1.4Nc 1.4Alcl 12 $.0A(c) 18 2. I.lA(c) 15 1.4A (c) \.2, k 6 9 TO / '// 11.5' 12.0A(c) 6 29