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HomeMy WebLinkAbout2884 TOWI~OF SOUTHOLD, NEW YORK ACTION OF THE ZOI~I~IG BOAI%D OF APPEALS Appeal No. 2884 by application Dated September 14, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mrs. Virginia L. Wickham P.O. Box 244 Cutchogue, NY 11935 DATE.11[.2.~.ZS1 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 (X) 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 ) the appeal 1. Sl~I~r~~gX~v~'~~~Xa~Fe~¥ml~ri~iX:~lg~X~f'a~X~ ( ) be gra~ed ( ) be denied pursuant to Article .................... Sect~n .................... Subsection .................... p~agraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) bf. ~n~M~ePublic Hearing: 10/15/81: 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, NY; 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. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties (SEE REVERSE SIDE ) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe t!,~. 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 FORM ZB4 ZONING BOARD OF APPEALS By this appeal, appellant seeks approval of access pursuant to New York Town Law, Section 280-A over an existing right-of-way 20 feet in width and extending east and then north off Old Harbor Road, Cutchogue. The premises to which this proposed access is to traverse contains an existing one-family, 1½-story frame dwelling with garage, patio and porch, and small beach shed. Appellant is proposing to construct an addition to the existing dwelling, for which the building inspector has turned down because of no approved access. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoin- ing properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that a variance be allowed as applied for in Appeal No. 2884, application of Virginia L. Wickham, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Such access road must have a width of not less than 15 feet and be cleared of all trees, brush and other obstructions to a width of 15 feet. 2. Such access road shall be improved in either of the following two methods: (a) Surfaced with a minimum depth of four inches of packed three-quarter-inch stone blend so as to afford access for emergency and other vehicles. Such stone blend may be either applied to the ground surface and shaped, or the sur- face may be excavated to permit the application of packed blend to a depth of four inches, OR (b) Have topsoil removed to a depth of eight inches and then filled with eight inches of a good grade stone and sand bank run. The surface shall then be covered with a layer of two to four inches of three-quarter-inch stone blend, or in the alternative oiled with a minimum of four-tenths of a gallon of road oil per square yard. 3. No certificate of occupancy shall be issued for the construction of any buildings or structures, or any existing buildings or structures, on the premises to which this access is referred until all of the conditions set forth herein have been complied with. 4. Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the applicant and/or owner shall be required to construct such drainage facilities as may be recommended by the Town Engineer. 5. That this access road be approved by the Board of Appeals, Town Inspector or Town Engineer, or Town Building Inspector, as to meeting the above requirements. Tt~ SOUTHOLD TOV;N ~LERIf Vote of the Board DATE S awic kit{~I~q Grigonis. ~rty: 105 Old Harbor Road, New Suffolk, NY; Item No. 1000-117-3-1. Ayes: Messrs. Doyen, Douglass, Goehringer, This resolution was unanimously adopted. 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 Tyrretl; County Tax Map Parcel Item No. 1000-26-1-27. 7:20 p.m. Application of Pequash Recreation Club, Inc., Box 902, West Road, Cutchogue, NY (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission to construct fence along frontyard area exceeding the maximum height requirements for fences. ~ocation of Property: 205 West Road, Cutchogue; bounded northwest by Morris; southwest by Cutchogue Harbor; northeast by West Road; southeast by Cutchogue- New Suffolk Park District; County Tax Map Parcel Item No. 1000- 110-7-12. / 7:30 p.m. Application of Virginia L. Wickham, 105 Old ~ Harbor Road, New Suffolk, NY for a Variance for approval of accesS, New York Town Law Section 280A. Location of Property: 105 Old Harbor Road, New. Suffolk; bounded north by Wickham; east by Cutchogue Harbor, south by Wickham; west by H. Wickham; County ! Tax Map Parcel Item No. 1000-117-3-1. 7:40 p.m. Application of Toba Laja Orro, 187 Berry Hill Road, Syosset, NY 11791, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to build new house with insufficient front and rear yard area at 435 Cleaves Point Road (a/k/a 1945 East Gillette Drive), Eas~ 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 ~L~egal Notice - Page~ Regular Meeting for~gctober 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 Legal Notice - ~age 4 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, NY; bounded north by Harris and Dickerson; west by Youngs Ave.; south by C.R. 48; east by Edson. County Tax Map Parcel Item No. 1000-55-2-16. 9:50 p.m. Application of Peter and Pat Len~, 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. 25. County Tax Map Parcel Item No. 1000-85-2-17. 9:55 p.m. Application of Stanley J. 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 Ebert 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 ~irs. 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 Date .................. , File No ................................ PLEASE TAKE NOTICE that your application dated .............. Ok4~ 7 ~ 1~.} for pemit to construct ...... ~"~?~?. ~..~.~ ~ ....................................... at House No. ~tmet Hamlet County Tax Map No. 1000 Section ..... :...~ .... Block .............. Lot .............. Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds ............. r ~' .............. · ..... /. ~ 0,./~ .¢~r,-, .... Building Inspecto~ RV 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Exa,rnincd ................ , 19... Approved ................. 19... Permit No ............ Disapproved a/c ..................................... Application No ................ .. (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Buildi lnsi;ector. '.vit'.~ 3 se'ts of plans, accurate plot plan to scale. Fee according to schedule. b. Iqet p!nn .:iu'a;:~;: Iccntiou of lot and of buildings on premises, relationship to adjoining premises or public strct or areas, and givi:lS a dctndcd description of layout of property must be drawn on the diagram which is part of this a?t- cation. c. The wot!: cr~;cred by this application may not be commenced before issuance of Building Permit. d. Upon apprc.'at of this appiication, the Building Inspector will issne a Buikimg Permit to the applicant. Such porn shall ice kept on thc premises available for inspection tbrougl~out the work. e. No buildi:h; sM:ii be occupied or used in whole or in part for any pt~rpose whatever until a Certificate of Occupan shall have been granted by the Building Inspector. APPLICATIOn,' 1.5 i IEP, EBY ?,IAD~ to the Building Department for the issuance cfa Building Permit pursuant to t Build/er3 Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances Regulations, fo: tire conatrucdon of buildings, additions or alterations, or for removal or demolition, as herein describe Ti:e applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and admit auti~orized inspectors on ;)~emiscs and in buildings for necessary inspections. ...... State whether app!icant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or build. ....... ,~a~,n~ o~ o,,'n0, of,,,,',,,,,es. ¥~r~.~.'U'~.~..~.'....~. iC.~r.# n~ .................. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of coH~orate officer) Builder's License No .......................... Plumber's Licens'. No ......................... Elzctrician's License No.' ...................... Other Trade's License No ...................... 1. Location of land on which proposed xvork will be done ................................................ I.o.~... Ol.~. .............. ~...~o .~.~. ~:.~!.k. ltouse Nmnber Street Hamlet~"' - '" ............... County Tax Map No. 1000 Section ...{.I..~ .......... Block ..~.~ .............. Lot...I ............. Subdivision ..................................... Filed Map No ............... Lot .............. (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: .R.c~i,l-,.'rT..,; ""' "'5" ' ' b. Intended Use and occupancy ............ I~ .~.'j i .' . .................................... Repair .............. Removal .............. Demolition .............. Other Work ............... (Description) Estimated Cost .......................... Fee .......................... ,- ........... (to be para on fihng this application) .. If dwelling, number ofdwelling nnits ...[. ........... Number of dwelling nnits on each floor ................ If garage, number o cars ...................................................................... If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... lleight ............... Number of Stories ........................................................ Dimensions cf same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Itei~lt ...................... Number of Stories ...................... Dimensions of entire new construction: Front ............... Rear ............... Depth ............... Height ............... Number of Stories ........................................................ ,. Sizeoflot: Front ...................... Rear ............... ' ....... ,~epth ...~. ). Date o'fPurchase .......................... :.. Name of Fom~er Owner ~.~. ~. I, Zone or use district in which premises are situated... ~ ............................... / ~ .................. ) Does pro~osed construction violate any zoning law, ordinance or regnla,~on ................................. L WilI lot be regraded ..: ..~ ....................... Will ex~ fill be removed~m premises: Yes No i N ....e of O,.vnt'r of ~e:nis:s~. L.,~ {~~%ddress Phone No.'ll~,kl or rd.. · · · :'.. Adaress Phone No. ?~. Name of Contractor .......................... Address ................... Phone No ................ PLOT DIAG RAM Locate clearly and distinctly all vt i!dings, xvhether existing or proposed, and. indicate all set-back dimensions from ;operty lines. Give street and block number or descrip'tion according to deed, and show street names and indicate whether terior or corner lot. TATE OF NEW Y.,.ORI4 )ovo nained. (Contractor, agent, corporate officer, etc.) f said owner or owne~, and is duly authorized to perform or have performed thc said work and to make and file this )plicalion; that all statemeats contained ~ this application are true to the best of his knowledge and belief; and that the ork will be performed in the manner set forth h~ the application filed t:~erewitb. worn to before me this ............... ......... 7 otaUP~blic, ~ Count} ' ' ' (Signature of applicant) TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ...~X....~..../ DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ........... lXlame of Appellant Street and Number ~ ~d ...... :~.u..f;...f..~.l/; .................................. ~,{:...C/.:......HEREBY APPEAL TO ............. Mbnicipality Statd THE ZONING BOARD Of APPEALS FROM THE DECISION Of THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ......... .~.'~..~'~.~.....~.'. ...... .L.~.~../.... WHEREBY THE BUILDING INSPECTOR DENIED TO ........... ~{.~.}.~.~ ...... L.~...~.!.~:.:~'./.,:~:..k~:. Name of Applicant for permit o, ...... ....... ......... ............. Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .0..../~..~,~,/.).CL.f~.~.~..:... .~...~,. ....... ,/..,./..,.~.. .................... Street Use District on Zoning Map ....... ~,.J. cc.~......:~ ........................... L .................... Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number, Do not quote the Ordinance,) 3, TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art, 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~) been mode with respect to this decision of the Building Inspector or with respect to this property, Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ts requested for the reason that cCI, ;, (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP becouse STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) ss COUNTY OF '--~,/'2 ) Signpture Sworn to this .................... i.:-¢..~., ............... day of .................................................. 19 N6tarc'Pubfic .... ELIZABETH ANN NEVILLE I~OTARY PUBLIC, State of Hew York No. 52-8125850, SuffoJk Term Exl)ires March 30, Towt~ o~ 5CxJ-r"Hot_o , ixJ. Y. N. 77_ H~N~y WM. i' \ '\ // K JUDITH T. TERRY ' TOWN CLERK REGISTRAR OI VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. 1., N. Y. 11971 September 14, 1981 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Wickham for a variance. Short Environmental Land-Use; Notice of the property. JTT/bn Zoning Appeal No. 2884 application of Virginia L. Also included is notice to adjacent property owners; Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Disapproval from the Building Department; and survey of Town Clerk $outhold Town Board of Appeal MAIN ROAD- STATE ROAD ~5 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI November 30,1981 Mrs. Virginia L. Wickham P.O. Box 244 Cutchogue, NY 11935 Dear Sir: Attached herewith is a copy of the formal findings and determination of the Board of Appeals recently rendered con- cerning your appeal application. In the event your variance request was allowed, please be sure to return to the Building Department for approval of your Building Permit application or Certificate of Occupancy (as may be applicable) prior to any developments. If you have any questions, please do not hesitate to call either our office or that of the Building Inspector at 765-1802. Yours very truly, CHARLES GRIGONIS, JR. CHAIrmAN lk Enclosure ~" J" S e c-r e t a-ry ' TOWN OF SOUTHOLD, NEW YOEK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2884 by application Dated September 14, ACTION OF THE ZONING BOARD OF APPEALS OF THE TO~FN OF SOUTHOLD To Mrs. Virginia L. Wickham P.O. Box 244 Cutchogue, NY 11935 ' DATE .11.~.2.4..~,81 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 (X) Request for variance due to lack of access to property ) Request for a special exception under the Zening Ordinance ) Request for a variance to the Zoning Ordinance ) the appeal 1. SP~l',0ff.',g~ke~.~t~X~:~l{~l~/d~i~t~l~Xd/~~X~0~[,a~ ( ) be ~anted ( ) be denied pursuant to ~t~le .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be ~.~KeCx~e~ePublic Hearing: 10/15/81: 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, NY; 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. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary (SEE REVERSE SIDE ) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does ;,or) 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 approval of access pursuant to New York Town Law, Section 280-A over an existing right-of-way 20 feet in width and extending east and then north off Old Harbor Road, Cutchogue. The premises to which this proposed access is to traverse contains an existing one-family, 1½-story frame dwelling with garage, patio and porch, and small beach shed. Appellant is proposing to construct an addition to the existing dwelling, for which the building inspector has turned down because of no approved access. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoin- ing properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that a variance be allowed as applied for in Appeal No. 2884, application of Virginia L. Wickham, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Such access road must have a width of not less than 15 feet and be cleared of all trees, brush and other obstructions to a width of 15 feet. 2. Such access road shall be improved in either of the following two methods: (a) Surfaced with a minimum depth of four inches of packed three-quarter-inch stone blend so as to afford access for emergency and other vehicles. Such stone blend may be either applied to the ground surface and shaped, or the sur- face may be excavated to permit the application of packed blend to a depth of four inches, OR (b) Have topsoil removed to a depth of eight inches and then filled with eight inches of a good grade stone and sand bank run. The surface shall then be covered with a layer of two to four inches of three-quarter-inch stone blend, or in the alternative oiled with a minimum of four-tenths of a gallon of road oil per square yard. 3. No certificate of occupancy shall be issued for the construction of any buildings or structures, or any existing buildings or structures, on the premises to which this access is referred until all of the conditions set forth herein have been complied with. 4. Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the applicant and/or owner shall be required to construct such drainage facilities as may be recommended by the Town Engineer. 5. That this access road be approved by the Board of Appeals, Town Inspector or Town Engineer, or Town Building Inspector, as to meeting the above requirements. V~~xt~~c;el~ ~rty: 105 Old Harbor Road, New Suffolk, NY; RECE! a Item No. 1000-117-3-1. T}'iE SO~O~D TOWN ~LERK Vote of the Board DATE Sawicki~ Grigonis ~~, To~m ~d Ayes: Messrs. Doyen, Douglass, Goehringer, This resolution was unanimously adopted. Today' s Date: Nlembers Absent, il any: Appeal No. Agenda Item/Nlatter of: Type of Variance or Appeal: Resolution made by: Seconded by: GCharles er e ~o~n Robert ~. G~rard rlgonls Dougl-ass ~oenmnger (K) ( ) ( ) ( ) ( ) ( ) ( ) ( ) Action:~ ~z) Approve as applied for ( Approve with the followin9 conditions: /( ) Deny as applied for / ( ) Deny ..... / ! ) Penywithout prejudice ------------ I ( ) Withdrawn without ( ) ~o--~-oun-~v ~r~ -- ~ Prejudice _ ~ ( ) Sub'iect to Plannin9 Board'approval ,'~-~'~ ~ ~,~d/ '. ' . (%)~ ~ ( ) Sub ect toD.E.C, re~ulatmns ( ) 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 Justice served by granting Other; for Special Exceptions Not W'ithin the Character of the Neighborhood Variance is Substantial in Relation to Code Not in h _a.ymgny _with purposes of the Code Hardship not suflicient 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: (D~) CG (v) SD (~ Nay: ( ) ( ) ( Abstain: ( ) ( ) ( Absent: ( ) .( ) ( ' Notes: RD (/) GG (~ JS () () () () () () RESOLVED, that the applicant be ~ranted approval of access pursuant to New York Town Law, Section 280-a as applied for in Appeal No. AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. Such access road must have a width of not less than 15 feet and be cleared of all trees, brush and other obstruc- tions to a width of 15 feet. 2. Such access road shall be improved in either of the following two methods: (a) Surfaced with a minimum depth of four inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of four inches, OR (b) Have topsoil removed to a depth of eight inches and then filled with eight inches of a good grade stone and sand bank run. The surface shall then be covered with a layer of two to four inches of three-quarter-inch stone blend, or in the alternative oiled with a minimum of four-tenths of a gallon of road oil per square yard. 3. No certificate of occupancy shall be issued for the construction of any buildings or structures, or any existing buildings or structures, on the premises to which this access is referred until all of the conditions set forth herein have been complied with. 4. Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the applicant and/or owner shall be required to construct such drainage facilities as may be recommended by the Town Engineer. 5. That this access road be approved by the Board of Appeals, Town Inspector or Town Engineer, or Town Building Inspector as to meeting the above requirements. EN, Pursuant to Section 267 of . the Town Law and the Provi- sions of the Amended Code of the Town of Southold, 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 Variance to the Zoning q~ance, Article Ill, Section 1]~) 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; bounded northwest by Fogarty; south- west 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 DeMalo, by William J. Jacobs as agent, c/o Box 199B, Depot Lane, Cutchogue, NY for a Variance III, Section 100-32 fo[ petrols- to the Zoning Ordinance, sion to' conli-ruct~ acc~sory~,~'¢ Article III, Section 100-31 for building in theYr0ntyard area ' permission to construct new at 350 King Street[-Orienf;' dwelling with insufficient front bounded north by Navy Street; and rear yard areas at Cedar 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. Application of Pequash Recreation Club, Inc., Box 902, West Road, Cutchogue, N.Y. (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permis- sion to construct fence along frontyard area exceeding the maximum height require- ments for fences. Location of Property: 205 West Road, Cutchogue; bounded north- west by Morris; southwest by Cutchogue Harbor; northeast by West Road; southest by Cutchogue-New Suffolk Park District; County Tax Map Parcel Item No. 1000-110-7-12. 7:30 p.m. Application of. ,Vk.l~inia L. Wickham 105 Old N.Y. for a Variance for proval of access. New York Tox~-a Law Section 280A. Loca- tion of Property: 10S Old b°unded north by Wickham; l~ast by Cutchogue ltarUOrl south by Wickham; west v~' Wickham; County Tax Map 7:40 p.m. Application at Toba Laja Orr0, 187 Berry Hill Road Syosset, N.Y. 11791, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to build new house with ins~/fficlent front and rear yard area at 435 Cleaves Point Road (a/k/n 1945 East Gillette Drive), Hast ' 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 Orro, 187 Berry Hill ; Road, Syosset, N.Y., for Variance ia 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-' 'meats at 439 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. Point Drive West, Southold, N.Y.; bounded north by Cedar Point West; west b'y Giordano; south by West Lake; east by Sovereh County Ta'x Map Parcel No. 1000-90-1-4. 9:00 p.m. Application of Nicholas D. Yuelys, 56005 County Road 48, Greanport, N.Y. for a Variance to the Zoning Ordinance, Article BI, 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'Eplartanior, Box 361, Peconic, 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 HI, Section 100- 31 for permission to build new dwelling with insufficient front and rear yard setbacks at Lake View Avenue and Dickinson Street, Pecenlc, N.Y.; bound- ed by Dickinson Street; west by Lake View Avenue; south by Garrido; east by Garrido; further identified as Subdivi- sion 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, N.Y. for a Variance to the Zoning Or- dinance, Article VII, Sections 100-70 and 100-71, Article Vl, 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, ,Ir. and Ellen Hufo, Wells Avenue, South- old, N.Y. (by Rudolph H. 1000-38-4-27. ' ' 7'55 ~ m Rehe~rin~ A~ Bruer, Esq.) for a Variance t · - r- .'.. '_ - ~' · r the Zoning Ordinance Article plication at llooert l, ay~ey,: 55 West 16th Stree~, New VII, Section 100-70 for permis- Road, Pecon~c, 1~.¥. tar a Variance to the~i~,ning Ordin- ance, Article l~ectian 100- 35A for permission to con- struct gate and fence exceed- lng maximum height limite- tions at 38350 Main Road, Peconic; bounded northwest by L.I.R.R.; southwest by Otto Keil Florists; northeast by Clchanowicz; southeast by S.R. 25. County Tax Map Parcel Item No. 1000-85-2-17. 9:55 p.m. Application of Stanley J. Fliss, 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 f~ont yard at 410 Airway Drive, Mattituck; bounded north by Bagshaw, Wickham; west by Peconic Corp.; south by Park Avenue; east by Wickham, Parkin, Tandy, Kujawski. County Tax Map Parcel hem . No. 1000-123-1-2. 10:05 p.m. Application of Katherine Ebert for Mattituck Holding Corp., Mattituck, N.Y. (by Norman A. Reilly as [ agent), for a Variance for a approval of access, New York Town Law Section 280A. Lace- i tiao of Property: Right-of- mi` Way off West Mill Road Mattituck, N.Y.; bounded north by Mill Road and [ Killinn; west by Leogrande and. Cox Neck Road; south by Chudiak, McGunuigle, Zeigler ) :pal~( DeManin and North Drive; ~llOgU east by Matiituck Creek; and near Boscola. County Tax Map Parcel Item No. 1000-106-6- part of 13.3. 10:25 p.m. Recessed hear- COUNTY OF SUFFOLJ~jj STATE OF NEW YORK Patricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the noti~:e'of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............... .~ ....................... weeks successively, commencing on the ...... ..~.. .......................... day/'6T'-':~..=....~..~..~ ,', ~ ........................... 19...~..~,. ~ S,'~rn to.~before me thi, C~J '~ ..................... o,o, Nota~ Public ~ EDITH A, GUY NOTAry PUBLIC, State ef New y~ r~., 52-4002497 gn Expires March 30, I~ RESOLVED, that rights-of-ways, private roads of access to one or more parcels of land or buildings approved subject to the following requirements: 1. Such access road shall~have a width of not less than 15 feet. 2. Such access road shall be cleared of all trees, brush and or other means be other obstructions to Such access road shall methods: (a) Surfaced with three-quarter-inch emergency vehicles. a width of 15 feet. be improved in EITHER of the'following a minimum depth of four inches of packed stone blend so as to afford access for Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of four inches; OR (b)- Shall have topsoil removed to a depth of eight inches and th~n filled with eight inches of a good grade stone and sand bank run. The surface shall then be covered with a layer of two to four inches of three-quarter inch stone blend, or in the alternative, oiled with a minimum of four.-tenths of a gallon of road oil per square yard. or Certificate of Occupancy No building permit/shall be issued for the construction of any buildings or structures on the premises to which this access is referred until all of the conditions set forth herein have been complied with. 5. Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the applicant shall be required to construct such drainage facil- ities as may be recommended by the Town Engineer. 6. That the access road be approved by the Town Town Building Inspector or Board of Appea±s Engineer/as to meeting the above requirements. 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 South- old Town Hail, Main Road, Southold, NY on Thursday, October,15, 1981 commencing at 7:15 o clock p.m. as fo/lows: 7:15 p.m. Application of Carl H. King, 350 King Street, Orient, NY for a Variance to the Zoning Ordinance, Article I.II, Section 100-32 for permis- sfon to construct accessor~ building in the fruntyard area at 350 King Street, Orient; bounded north by Navy Street; west by Shew and Nolan; south by King Street; east by Tyrrell; County Tax Map Par- cel Item No. 1000-26-1-27. 7:20 p.m. Application of Pequash .Recreation Club, Inc., Box 902, West Read, Cut- chngue, NY (by Richard F~ Lark, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permis- sion to construct fence along frontyard ares exceeding the maximum height require- merits for fences. Location of Property: 205 West Road, Cut- chogue; bounded northwest Morris; southweSt by Cut- chngue Harbor; northeast by West Road; southeast by Cut- chogue-New Suffolk Park Dis- and rear yard area at 435 Clesves Point Road (a/k/a 1945 East Gillette Drivel, East Marion, NY; Marion Manor Subdivision, Filed Map No. 2038, Lot No. g3; further iden- tified as County Tax Map Parcel Item No. 1000-38.4-27. 7:50 p.m. Application of Toba Laja Ores, 137 Berry Hill Road, Synsset, NY for a Var- iance to the Flood Damage Prevention Law of the Town of So:utl~old, Section 46-18 for per~/ m~ssJon 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. 2033, 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 Streetl New York, NY 10011 (Robert W. Gillispie III as agent), for 8 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, Snathold, NY; bounded north by Stewar~' and Freued; 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 ~ane, Peconic, NY for a Var- Jance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addi- tion to existing dwelling with an insufficient sideyard set- 3-9 & 10. 8:35 p.m. Application of Joseph L. Lizewski, Main Road, Cutchogue, NY (by Wil- liam H. Price, Jr., Esq.) for a Variance to the Zoning Ordi:~' nance, Article III, Section 100- 30 for permission to construct professional office building in an A-Residential and Agricul- tural Zone with existing dwel- ling use at 29325 Main Road (a/k/a 320 Depot Lane), Cut- chogue; bounded northwest by Fngarty; 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, Cutchngue, NY for a Variance to me Zoning Ordinance, Art- icle HI! Section 100-31 forj perm*ss~on to construct new dwelling with insufficient front and rear yard areas at Cedar Point Drive West, Southold,~ · NY; bounded north by Cedar Point West; west by Giorda- no; south by West Lake; east by Soverel; 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 build- ing (garage) in the frontyard area at 56005 County Road 4~, Greenport, NY; bounded north by L.I. Sound; west by Che-/ trict; County TaxMapPareel. back at 7130 Indian Neck Item No. 1009.119.7-12. ' Lane, Peconic; bounded north- ?:30 p.m. Annlication of west by Cukor; southwest by Virginia L, Wickham 105 Old Hog Neck Bay; northeast and ~Harbor Road. New'Suffolk? southeastbyPrellwltz. County ~ for a VarianCe for ap Tax Map Parcel Item No. ~roval of access New Yor~ 1009.86-74k T~wn l.nw S~t on 2~OA. Loca - 8:20 p.m. Application of./ Lenore Adamson, 55 Ships ~rbor Road. New Suffolk; ~ounded nec.~ b Wickhar~ ~ul-h bv Wickham. west bv H Mickh~m; C~nt~ Tax ~ ~arcg~ Item No. 1~117.3."~r 7:40 p.m. Appliea~on o~ Toba ~ja O~, 1~ Berry Hill R~d, Sy~est, ~ 11~1, fora Variance to ~e Zoni~ Ordi- nance, Ar~cle III, Section 1~ 31 for ~rmission to b~ld new ho~e wi~ i~ufflei~t front Drive, Southoid, NY (by Thomas F. Day, Esq.) for a Variance to the Zoning Ordi- nance, Article III, Section 100- 31 for approval of insufficient area for division of premiseS located at North 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 Piircel Item No. 1000-79- dan; south by C.R. 48; east by Atway. County Tax Map Par- ce{ Item No. 100044-1-19. 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 289-a and (2) to the Zoning Ordinance, Article III, Section I00-31 for permission to build new dwelling with insufficient front and rear yard setbacks at Lake View Avenue and Dickinson Street, Peconi~: 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 t duly Sworn, :he SUFFOLK .~nport, in said ;d is a printed ~eekly Times ....... weeks COUNTY OF SUFFOLK, STATE OF NEW YOi~K. ~ ss: Troy Gustavson ...................................... being duly Sworn, says that ... he. · is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ut Greenport, in said county; and that the notice, of which the annexed is u printed copy, has been published in the said Suffolk Weekl~ Times once in eoch week, ~or . . .o.b.e. ..................... weeks successively commencing on the 8th day of ....0.c..tpber ... Sworn to before .~... ~-ay of .0.c~p.b~ ......... 19. ................. HEL[N K DE VOE NOTARY PUBLIC· State ot New York No 4707878, Sut~olk County Southold Town Board of Appeals MAIN ROAD- STATE: RnAD 25 SI3UTHOLD, L.I., N.Y, 11g71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki NOTICE OF DECLARATION PURSUANT TO N.Y.S. ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2884 Application of: Virginia L. Wickham Location of Property in Question: Old Harbor Road, New Suffolk, NY. County Tax Map Item No. 1000- 117-3-1 Project Proposed by Appeal Application: Approval of access, NY Town Law Section 280A. ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed herein is hereby classified as a Type II Action not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. Correspondence dated September 17, 1981 indicating that no permit under Article 25 of the Environmental Conservation Law is required has been received. It is also indicated that no placement of structures or change to topography below 10' in elevation on this parcel is permitted without additional appli- cation and prior approval. Dated: October 2, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ~julatory Aff~{~s Bldgo 40, S~f - ~q0c~ 219 Stony Brook, New York 11794 (516) 751-7909 COm~issio~ September 17, 1981 Donald A. Benis P.O. Box 565 Aquebogue~Sguare Aquebogue~ New Yo~k 11931 For:Henry Wickham At: Old Harbor Road New Suffolk Town of Southold Suffolk County, New York Suffolk County Tax Map 410000- 117-3-1 Construction of 14 f 1.f. wood deck onto easterly side of Re: existing house and 25' x 43' (approximately) one story addition on northerly side DearSir: As a result of your in~,]iry concerning the above referemced parcel, this De~hL~nt has conductad an on-site inspection° ~.\% have found ~he ~x~xx (project) to be landward of 10' in elevation above sea level. Therefore, pursuant to Part 661~ Official Compilation of Codes, ..Rules and ~a~%llations of the Stabe of i~ York~ Section $61o4(b) ~ no permit u~d~r ~ticle 25 (Tidal Wetlands) of the Envirorm~tal Conservation Law is r~.~lired. There is to be no placement of structures or material or change to topography below 10' in elevation ~n this parcel with- out additional application and prior approval. Ve/Tf~ truly Regional Permit Administrator 5. 7. 8. ]I!ST[:JCI IOII5: ...... ~-~) ]~-T order to answer the questions in this short EAF it Ls assumed that the preparer w~} use_ current.Vy ovoi~ob~e LnforniotLon concernLng the project and the lihcly impacts of the action. It is not expected that additional stud.tes~ research or other iovestigotions will be undertaken. (b) If eny quest~an has been answered Yes the pro)eat may be :~gr,~F~cant and o comp}cLad Environmental Assessment Form is necessary. project ~s not significant. . (d) Envlronmantal A s ~a :.s~,~ant ' J. ~','~ project ;asuJ:~"-ln o large physical change ~o the projacL site or pnyszcol~y al~ar moro ~}~r.m 10 oases of lund? ........................ Yes ~ No 2. l'lill there be a major change ~o or, y unique or -unusual land fo~m found on the si~a? ......... Yes ~}~o ¥/ill p~ojact olta~ or hove o large of Fec~ on isling budy of ~'lilt p:'ojoct hove o potentially ]or~_ impoa~ ........ ...:.__ ...... W~ll project significantly af'~ 'dra fto~ adj~ cant 'res? .. ~'/ill p~ojact affect on>' threatened or endangered plant or animal species? .......... Yes Yes Yes Yes ~'/£ 1 1 project on air qualit ~,'li 1 1 project chc~roc:t er oF vistas known ~'/Jll project result ia o major adverse eF£e~.t hove o major effect on vi-sual the community or scenic vlews or ~o~be important ~o ~he commun~yg.. Yes odvelg;ely impact m~y sile or .. ~N~ '//Iq o struclure of hJstoric:~ prehistoric or poleor, to].ogicc~l impo~ lance or any site dasignc, ted as o criticr;l envlronmentol oreo ~0, ~'~} project hove o mo jo: elf eat on exLs~Lhg or fuLu~c ~ecreotion~] opportunLt~es? ......... Yes 11. ¥Iil1 project result im .~ojor ~raf~ic problems ' ' or. cause o major effect ia existing tro~sporioiion sy s'tr. ms~ Yes 12. W51~ project regu].c~r}y cause objectionable or~orst noisct glare, vibrotiont or electrical disturbance os o resu!t off thc project's opera tior,? ' Yes 13. f/iii projcct have ol~)' impact on public health .... ' ~y? Yes 14. ~'lil! l)fo~act affect the exlsting communLfy by ..... directly causiog o growth in permcmont population of more than 5 percent over a one year period or hove o mojoz neg}~tive effect on the character of the community or neiDhborhood? ................................. Yes 15. ls there public controversy concerning the projeclV ~es ~No PREPtd, t_L ., SIGIIAIURE I - ' ' ~ (Today Re: Dear Sirs: Southoid Town Board of Appeals Road Southo !d, NY 11971 no~ation of Property: '~ ~ ~ /~/ /-//~/~. ~ . A.~ P~:' g'~ i /~ Ik' ' I In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 ::YCRR, Part 661, and Article' 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; 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 $OUTHOLD, N~ YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, ~e).~.e.b..'.'..'2..7.~ ....... L..~..../.~.,!Z~4'./~*~o, ..... ~.O.~....a.Z~.L...~k~.~.(~...~C/.. ................ ~ /Name of Appella,nt Street and Number ................................... :f:.. .. ....................................... ~....~ .............. ~EREBY APPEAL TO Municipality ~tate THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....~.T.~..:.....~.~...../....~.~:./. .............. WHEREBY THE BUILDING INSPECTOR DENIED TO ~ ~0.~ ' ~C I ,~ I~ .. ' ......................... Name of A of ~0~.. (~/J J./,,q~o.f~...Fc.(m.,..~...~.-~,,?,.~,F..~o.].',.~. ........... .,~,J:.(~.,.,: ................ .....................................Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (~---) ~4 '~)F ~ d t/,C J 0t 1. LOCATION OF THE PROPERTY.©./.,~...~¢q~.~?~.r~...~.d.:....~.~,:~(ol~:................... (.(..tZ..... Street Usu~'~istrict on Zoning Mop ........ ~/~cL.....~ ............................... ./. .................. Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3 TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (X) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons, Laws Art 16 Sec, 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal (h.~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeol was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... ) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~'orm zB~ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce procticol difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shored by all properties alike in the vicinity of this property and in this use district because 7hl~' immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~t~OU~ I ~ ~U~?~d ~3C ~/9 ev/~'r,r;9 /~, ~-oo,o,_! . STATE OF NEW YORK CO NT SS Sworn to this ...................................... day Signature Notary Public ~' ELIZABET~ ANN NEVILLE NOTARY pUBLIC, State of New Yolk NO, 52.-8125850, Suffolk Couc~~ ~ Term Expires March 30, 19~...¢~' BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~at it is the~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~.(Varian, ce)i(Special Exception) (Special Permit) (the following relief: ). 2. That the property which is the subject o~' the Petj~gn is located adjacent to your property and is des- cribed as follows: ~ _K' _f~ .~_ ~.~A~A~a. ~:~/. ~/~J ~tm~'~/~' 3. That the property which is the subject of such Petition is located in the following zoning district: That b such Pet,t,on the under, ned w,l, re uest the followin relief ;~1~__,~,~/~ 4. y '' , %'g i .q · g ,, : i _,:_ _ 5. That the provisions of the- 5?'J""~d T~-w'' 7,,-inE Co~le applicable to the relief sought by the under- signed are Article h_.-~"0 ~_ Section 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) 765-1809. 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. Petitioner Post Office Address 9L61 udv'0OgEm~°Hgd I ! STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ' ' V .... r - , '~ ' - ' , being duly sworn, d~oses~ndsa~st%atonth~d~y I, name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current ass~sment roil of the lown of Southold; that said Notices were mailed at the United States Post Of- ficeat ~.~a ~ n~.~ ~j ~ : that said Notices were mailed to each of said persons by (ce. ified) (regs~ered)'maii.- U day of ~_~~__, 19 ~ · O Notary Public ' / ELIZAB~H ANN NEVi~E BOTARY PUBLI0, ~ate 0f New Y~k No. 52-812~, Suffolk Co~ Term Expires March 30, 19~ 5HOP& Li-N~/~-- CU TCHOGUE HARBOt~ 47 2.2A SchOOl House Cre~ NEW suFFOLK scHOOL giST 5 sT t9