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© O TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appe~No. 2731 Application Dated August 6, 1980 ACTION OF THE ZONING BOARD OF APPEALS OF THE TO~N OF SOUTHOLD To Mr. Ernest G. Radford 8220 Main Road East Marion, NY 11939 AppeHant at a meeting of the Zoning Board of Appeals on August 28, was considered and the action indicated below was taken on your (X) Request for variance due to lack of access to property ( ) Bequest for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance , Art. I I I, ( ) 1980, the appeal Section 100-31 1. Sp~~xX~KI,~e~W~-rX~X~Ii~i:~Blla~t'XIX~ determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because Application of Ernes~ G. Radford, 8220 Main Road, East Marion, NY 11939, for a Variance to: (a) Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area, and (b) N.Y. Town Law, Section 280-A for approval of access. Location of property: South side of Main Road, East Marion, NY; bounded north by Main Road, west by Commissioner of Public Works, south by Anderson and Smith, east by Gardiner, Dean and Smith. County Tax Map Item No. 1000-31-8-1. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because (SEE REVERSE SIDE) difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) cbar~ge the character of the district because (SEE REVERSE SIDE). (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ZONING BOARD OF APPEALS FORM ZB4 After investigation and personal inspection, the Board finds as follows: Appellant has appealed to this Board seeking a variance for approval of insufficient area of one proposed parcel of approxi- mately 31,244 square feet and seeking a variance for approval of access of proposed parcel No. 2 off "Marion Lane," a private road. There is presently erected on proposed parcel No. 1 a two-story building, with a preexisting nonconforming business (real estate) use and barn; ~d erected on proposed parcel No. 2 is a cement block building which apparently had been used as a seasonal dwelling [less than 850 square feet]. Appellant proposes 31,244 square feet in area and 154.30 feet in width for parcel No. 1, and 48,967 square feet in area and approximately 50 feet in road frontage (along Marion Lane), the division line drawn parallel to Main Road 18 feet north of the existing cement block building. After referral of this matter to the Southold Town Planning Board, it was the consensus of the Planning Board "that Mr. Radford should make two legal lots from this property by moving the lot line to the south...(and) sees no reason for a variance .... " It is the consensus of this Board that the difficulty claimed can be obviated by a feasible method pursued by appli- cant, other than a variance, and in view of the manner in which the difficulty arose, the interest of justice will be served by denying the area variance applied for. It is also the consensus of this Board that access for proposed parcel No. 2 be given conditional approval under the circumstances. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that Ernest G. Radford, be denied a variance for approval of insufficient area, Article III, Section 100-31~ as a~plied for, and that a variance to New York Town Law ~ ~- ~ Section 280-A for approval of access be granted, SUBJECT TO ~ ~ THE FOLLOWING CONDITIONS: ~ ~ (1) Southold Town Planning Board minor subdivision (2) The access road shall have a width of not less 15 feet and shall be cleared of all trees, brush and other obstructions to a width of 15 feet; (3) The access road shall be improved in either of following methods: (a) Surfaced with a minimum depth of four packed 3/4-inch stone blend so as to afford access for vehicles. Such stone blend may be either applied to the surface and shaped or the surface may be excavated to ~ application of packed blend to a depth of four inches, or (b) Shall have top soil removed to a depth of eight inches and then filled with eight inches of a good grade of stone and sand bank run. The surface shall then be covered with a layer of two to four inches of 3/4-inch stone blend, or in the alternative oiled with a minimum of 4/10ths of a gallon of road oil per square yard. Location of property: South side of Main Road, East Marion, New York; bounded north by Main Road, west by Commis- sioner of Public Works, south by Anderson and Smith, east by Gardiner, Dean and Smith. County Tax Map Item No. 1000-31-8-1. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. APPROVED . ~"~chairrnan ~o~rd ~ A~e~- struct addition to dwelling with insufficient sideyard setback. Location of property: 1850 Albo Drive, Laurel, NY; bounded northwest by Wells Road, southwest by Albo Drive, southeast by Bray Ave. Item No. 8:30 p.m. Application of Ernest G. East Marion, NY 11939 for a Variance and Butterfield, northeast by Robson; County Tax Map 1000-126-8-12. Radford, 8220 Main Road, to: (a) Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area, an__d (b) N.Y. Town Law, Section 280-A for approval of access. Loc bou Smith, east by Gardine~f. D~anr~ No. 1000-31-8-1. Location of property: South side of Main Road~ East Mar~on~ NY;_ bounded north by Main Road~est by ~.fn~-n/-~ _~9,!th bv Ander-=en~ _._ 8:45 p.m. Application of Katie J. Dexter, Park Avenue, Matti- tuck, NY (by Gary Flanner Olsen, Esq.) for a Variance for approval of access, N.Y. Town Law, Section 280-A. Location of property: South side of Park Avenue, Mattituck, NY; bounded north by Park Avenue, west by Holman, south by Great Peconic Bay, east by Sarkisian; County Tax Map Item No. 1000-123-7-9. 8:55 p.m. Application of Katie J. Dexter, Park Avenue, ~atti- tuck, NY (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area. Location of property: North side of Park Avenue, Mattituck; bounded north and west by Chase, south by Park Avenue, east by Sark Equities, Inc.; County Tax Map Item No. 1000-123-1-6. 9:15 p.m. Application of George Ahlers, 855 Eugene's Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32A for permission to construct tower exceeding height limitations. Location of property: 855 Eugene,s Road, NOTICE O!~ PUBLIC HEARINGS Pursuant to Sectio, 267 of the Town Law and the Provi- sions.of the Ameflded Code of the Town of Southold, the following matters will be held for puglic hearings by the Board of Appeals of the Town of Southold, at TOWn Hall, Main Road, Southold, New York, on Thursday, August 26, 19~0: 7:35 p.m. Application of Harry O. Hurlburt, .Jr., 7014 Sheaff Lane, Ft. Washington, PA 19034, for a Variance to the Zoning Ordinance, Article III, Sections 100-30C and !00-32 for permission to establish guest/ play house, an additional dwelling use, on a single par- cci. Location of property: Pri- rate Road, Fishers Island, NY; bounded north by Walk- er, west by Spofford, south by Private Road, east by Private Road and Sorenson; CountY Tax Map Item No. 1000-3-2-10. 7:5O p.m. Application of Cla- ra Prout, 107 Greenacres Ave- hue, WlfftePlains, NY 10606, nce, Article I!i, Section 100-31 for permission to con- struct addition with an insuf- fi~en~ rearyard setback. Lo- catio~of property: 465 Private Road' No. 3, Southold, ' NY; bounded north by Jockey Cree~, west by Dyer, south b~ Norris, east by Shecter; Com~- ty Tax Map Item No. 1000-70, 6-16. 8:00 p.m. Application of Frank E. and Mary Brophy, 75 Second Street, New Suffolk, NY (by William H. Price;-jr.. Esq.), for a Variance to the Zoning Ordinance, Article HI, Section 100-31 for approval of the construction of additio~ with insufficient front and Side yard setbacks. Location of. property: 75 Second Street, New S/fffolk, NY; bounded' north by Pugsley & Grath- wolff, west by Martin, south by Wetzel, Pugsley and Grath- wolff, east by Second Street; County Tax Map Item No. 1000-11q-10-20.7. 8:20 p.m. Application of John Reinertsen, c/o William . Schonewald, Box 23A, Wells Road, ~Mattituck, NY, for a Variance .to the Zoning Ordi- nance, Article Ill, Section 100- 31 for permission to construot addition to'dwelling with insuf- fici.ont sideYar!t' setback. Lo- ~.tion of property: 1850 Albo . nye, Laurel, NY; bounded northwest by Wells Road, · southwest by Albo. Drive, southeast by Bray Ave. and Butterfield, northeast by Rob- son; County Tax Map Item No. 1000-126-8-12. ~8:30 p.m. Application of Er- for a Variance to: ia) Zonir~ Ordinance. Article III. Sectiaa 100-31 for annroval of i,ont area~ i~d (b) N.Y. Town Law ~ .don__280-A for an- property; ~ont~ mrf~ ~f Eas~t _Mario~n. o~..~ sou~ p~ An~e~0n 8:45 p.m. Application of-- Katie J. Dexter, Park Avenue, Mattituck, ~ (by Ga~ Flan- ncr Olsen, Esq.) for a Val- ance for approval of ace,s, [~ OF SUFFOLK, ~ ss: N.Y. Town~w,S~tiou~A. ~ OF NEW YORK, L~ation of pro~: South J side of Park Avon,, Matti- tuck, ~; ~und~ north by ~OA~ ~A~.0~: ~ing duly Sworn Park Avenue, w~t by Hol- ' ................ man, sou~ by Gr~t P~ouic that S~ is Printer and Publisher of ~e SUFFOL~ ~y, east by ~ark~ian; Coun- ' ....... ty Tax Map Item No. 1~1~- :KLY TIMES, a news~per publish~ 7-9. Mattituck, ~ {by Ga~'~'~'~ . . her Ohon, E~.) for a Va~- "~s ~en published in lhe ~d Suf~lk Week~ T~me; ance to the ~ng O~nce, , ~ .... ~ ~k- tot .. Q}~. ..................... week: ~cle III, ~fion 1~31 for ' '" ~ ...... approval ~ i~ficiont a~. ~ation of pro~rW: No~ ~ssively commencing on ~e ... ~.~ ................. side of Park Avenue, Mat~- tuck; ~und~ no~ and w~t by Chase, sou~ by Park Av~ hue, ~st by ~rk Equifi~, Inc.; CounW Tax Map I~m No. 1~1~14. 9:15 p.m. Application of RGeor. ge_A.hl.ers, 855 Eugene's oaa, t;utcnogue, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100- 32A for permission to con- '?.trq. ct.tower _exceeding height nmRations. Location of pro- perty: a55 b~ugene,s Read, Cutchogue; unded north by Zabriski, west by Ward,~south by Eugene's Road, east by Erickson; County Tax Map Item No. 1000-97-2-18. 9:30 p.m. Application of Francis J. Murphy, Box 84, Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Sec- tion 100-71 for approval of the construction of portico with an insufficient frontyard setback. Location of property: ~O0 ~Main Road, Laurel, NY; oounded north by Main Road, west by Rodden, south by Mur- phy & Old Main Road, east by Old Main Read; County Tax Map Item No. 1000-127-7-6.2. Dated: August 14, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TA21-3503 of .. iUaUSi .... am to b~tore me this . .2.1.St .... of ....... ........... ..... HELEN K. DE VOE NOTARY PUBLIC, State of New York · No. 4707871, Suffolk Count~ Term Expires March 30, 19J~_l PUBLIC HEARINGS Pursuant to Section 267 of the Town Law 'and the Provisions of the Amended Code of the Town of SOuth- old, the following matters will be held for public hearings by the Board of Appeals of the Town of Southold, at Town Hall, Main Road, Southold, New York, on Thursday, August 28, 1980: 7:35 p.m. Application of Harry O. Hurlburt, Jr., 7014 Sheaff Lane, Ft. Washington, PA 19034, for a Variance to the Zoning Ordinance, Article III, _ 8:30 .~: Application of ',' . Erne~st G. R~-d~8~dl 8220'Maln-'! Road, East Marion", lq¥~Hg~9 · 10~-31 fofa~p.rov~a!, of i~uf~ ficient area, and (b) N.Y. Town ~es~ Location of ~~ i.' M. arion, NY; ~bounded--n_o~.h. by Main Road, es,,w~y~ Commissioner of '"MaP 'Item No. 8:45 p.m. Application of Katie J. Dexter, Park Avenue, Mattituck, NY (by Gary Flanner Olsen, Esq.) for a Variance for approval of access, N.Y. Town Law, Section 280-A. Location of property: South side of Park Avenue, Mattituck, NY; bounded north by Park Ave- nue, west by Holman, south by Great Peconic Bay, east by Sarkisian; County Tax Map Item No. 1000-123-7-9. 8:55 p.m. Application of Katie J. Dexter, Park Ave- nue, Mattituck, NY (by Gary Flanner Olsen, Esq.)for a Variance to the Zoning Ordin- ance, Article III, Section 100-Jl for approval of insuf- ficient area. Location of Pro- perty: North side of Park Avenue, Mattituck; bounded north, and west by Chase, south by Park Avenue, east by Sark Equities, Inc.; County Tax Map Item No. 1000-123- 1-6. 9:15 p.m/ Application of George Ahlers, 855 Eugene's Road, Cutchogue, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100-32A for permission to construct tower exceeding height limitations. Location of' property: 855 Eugene's Road, Cutchogue; bounded north by Zabriski, west by Ward, south by Eugene's Road, east~ by Erickson; County Tax Map Item No; 1000-97-2-18. 9:30 p.m. Application of Francis J..Murphy, Box 84, Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of the construction of portico with an insufficient frontyard setback. Locate. on of property: 8701;' Main Road, Laurel, NY; bounded north by Main Road, west by Rod&n, south by ~Murphy & Old Main Road, east by Old Main Road; County Tax Map Item No. 1000-127-7-6.2. Dated: August 14, 1980 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT, 8/21/80 (17) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at £outhold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long/Island Traveler-Watch- man once each week for ............ 1 ........................... weeks successively, commencing on the ..~/. .................................. da~~ ............ 19...~... .... .Sworn to before me this .....~. ............... day o~ NOTICE OF PUBLIC HEARINGS Pursuant to Section 267 of the Town Law and the Pro- visions of the Amended Code of the Town of Southold, the following matters will be held the construction of addition with insufficient front and side yard setbacks. Location of property: 75 Second Street, New Suffolk, NY; bounded north by Pugsley and Grath- wohl, west by Martin, south by Wetzel, Pugsley and Grath- wohl, east by Second Street; 1850 Albo Drive, Laurel, NY; bounded northwest by Wells Road, southwest by Albo Drive, southeast by Bray Ave- nue and Butterfield, northeast by Robson; County Tax Map Item No. 1000-126-8-12. 8:S~S.~J~..~:~ ,.~pplication of · Ernes~.~R~adfgrd, 8220 ~ R0a~,~S~t Marion, NY 11939 for a Variance to: (a) Zoning. 9t'di.n_a?i~) '~Xrticle I!I i Section 100-31 for~approval of insuf- proval of access. Location of Road,' i~a.~[ lVi~'fi°n~ bounded .~b'y'~ain R°aci' West by ~S~th .byAnde{son an'd Smith east by Gardiner Dean and Smith; County Tax Map" I~ '1000-31,8-I. 9:10 p.m. APplication of Katie J. Dexter (by Gary Flanner Olsem Esq.), Park rot approval of insufficient area and width; (b) N.Y. Town Law, Section 280-A for ap- proval of access. Location of proper~y: Sunset Path, South- old; bounded north by Burns, west by £.I. Sound, south by Offenheiser, east by Sunset Path: County Tax Map Item No. 1000:54-4-33. 9:45 p.m. Application of George Ahlers, 855 Eugene's Road, Cutchogue, NY 11935, for a Variance to the Zoning Ordinance, Article III, Section 100-32A for permission to con- struct tower exceeding height limitations? Location of proper- ty: 855 Eugene's Road, Cutch- ogue; bounded north by Zab- riski, west by Ward, south by Eugene's Road, east by Erick- son; County Tax Map Item No. I000-97-2-18. 10:00 p.m. Application of Francis J. Murphy, Box 84, Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of the construction of portico with an insufficient frontyard setback. Location of property: 8700 Main Road, Laurel; bounded north by Main Road, west by Rodden, south by Murphy and Old Main Road, east by Old Main Road; County Tax Map Item No. 1000-127-7-6.2. Dated: August 14, 1980 BY ORDER OF ~ THESOUTHOLD TOWN BOARD OF APPEALS IT, 8/21/80 {1) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, i:as been puN:shed in said Long Island Traveler-Watch- man once each week for ............. I. ......................... week~ successively, commencir~j on the ....~. .................................. day of ...~ .......... 19....~)..... Sworn to before me this .... ~ .............. day or .... ........... FOEM NO. S 0 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL FiFe No ................................................................. Date .................................... ~.C...?...~, 19.Z..~. ~.....~.g..~ ...... .,......~L~......?..~ ......... .......................................... ~.~z ....... ~(.~.~.? ~ ........................ ~,C...~ PLEASE TAKE NOTICE that your application dated ............... ~ , 19 ........ for permit to ~ ........................................ at the premises located at ~1~ ~......~.~.~.~.~..~ .......... ~.~..~ ..........s.~) ~ST ~ ~' Map .................................... Block ............................................ Lot ................................................ is returned herewith and disapproved on the folJow~ng grounds ~d ~ D 1 ~ ~ ~.~.~ ~.~ ......... .~.~.~.~ ~..~ ~ ~ ........ .~ ~ ~.~......~ ~ ~.~....~ ~.~...~ ~ ~.~.~ ....... ~ ....... ~A'-~, Y~2) Building Inspector Southold Town Board of Appeals MAIN RI-lAD- STATE ROAD 25 SnUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TE~Y T 'J'T '. ', ', L L ROBERT J. DOUGLASS GERARD P, GOEHR~NGER September 22, 1980 Benson S. Telsey, Esq. North Road Greenport, NY 11944 Re: Appeal No. 2731 - Ernest G. Radford Your Request of September 12, 1980 Dear Mr. Telsey: In regard to your recent request and conference with the members of this Board on September 12, 1980, please be advised that the Board has reviewed the documents submitted by you supporting the reasons for your request; and it is the con- sensus of the Board not to re-hear the subject appeal. Sincerely yours, CHARLES GRIGONIS, JR. CHAIRMAN CG:lk B, NSON S. TELS Y Greenport~ffice: North Road, , ~ Greenport, N.Y. (516) 477-0656 g/18/8o Southold Town Appeals Board, Southold, N.Y. Re: E~ne,s~ G. Radford LAW OFFICES Gentlemen: I wish to thank you for the courtesy extended to me in discussing the above matter. The record indicates that the above application was "Deuled area Variance, etc". Tn reflecting on and comparing the similarity of the Norklund case with the Radford case one finds that although there were two deeds in the Norklund case the Town Code and Board regards and treats same as One Plot of Land and by reason thereof it was necessary to apply to the Board fo~ permission to subdivide. At tha,~ point Ares Zoning of One (1) Acre applie~ and it was in the Boards discretion to grant a variance for smaller- lot size to avoid an un- necessary hardship so that substantial Justice may be done. In view of these facts, to deny Radford permission to subdivide in accordance with Plan #l submitted would be unfair and in equitable. In the interest of Justice a re-hearing should be held. ResP,ectfullM ~ubmltted: / Plan ~l l- Best Sensible and ~ractical'~lSE OF LANDe 2- Creates Two (2) Desirable Plots assessable at Higher Values than irregular plots with Wasted, Unbuidable and unusable land. 3- Tn Hat, honey with Area. 4- Avoids hardship on present senior citizen owner, who has owned the property for the past 30 years. Before Zoning. * Board may vary regulations so that substautial Justice may be done and public interest secured when board finds u~uecessary hardship may result. Plan 1- Not practical and Not best use of Land.· 2- Creates two (2) Undesirable plots with fingers of land not usuable or buildable (wasteful). Plot ~2 has an irregular narrow lot with a piece of land used as a driveway. When area of both fingers of land (Marked iu red) are deducted from area proposed in Plan $1 t~e remaining usBable and buildable area is considerable less than Plan ~l to wit: Proposal in Plan ~1 (Area) . . . · .48,967 Driveway Area deducted · · . 10 000 U.seable Land . · . ~ are~ of plots in Plan %~2 deducted. 8,874 ~alance 30,093 · * Useable and buildable land. Conclusion: Plan ~1 is the Best Sensible and Practical use of land Wo Wase~land by creating wateful narrow finger strips. In Light of the above ~ respcetfully request a re- consideration. Be~pect~ly submitted: 0 0 Southold Town Board of Appeals MAIN I~OAO- STATE I~OAD 25 -qOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 76§-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER TYPE II ACTION DESIGNATION NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Pursuant to Section 617.13 of the New York State Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Town Law of the Town of Southold, Section 44-4B, the Southold Town Board of Appeals has determined that the following project is classified as a Type II Action not having a significant effect on the environment and will not. require any other determination or procedure~ under the N.Y.S. Environmental Quality Review Act. DESCRIPTION OF PROJECT Appeal No. 2731 Application of Ernest G. Radford, 8220 Main Road, Box ~08, East Mar~on, New York 11939. Location of Project: South side of Main Road, East Marion. 1000-31-8-1. Permission Requested: Approval of insufficient area of proposed Lot No. 1, and approval of access to proposed Lot No. 2. Date Of Public Hearing: August 28, 1980 at 8:30 p.m. Documents on File: Appeal Application, Notice to Adjoining Neighbors, Affidavit Attesting to the Mailing of said Notice, surveys and/or sketches of the proposed project, Notice of Dis- approval from the Building Inspector, Legal Notice of Hearing, Environmental Assessment in the Short Form, Section of the County Tax ~ap showing the subject property, & other documents as may be requlred. Person to Contact for More Information: Mrs. Linda Kowalski, Secretary, Board of Appeals, Southold Town Hall, Main Road, Southold, New York 11971; tel. (516) 765-1809. Dated: Copies to: August 14, 1980. Applicant. Town Clerk Bulletin Board. County Planning Commission. HENRY E. RAYNOR, Jr.. Chairman FREDERICK E, GORDON JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM, Jr. TO D SLaY Southold, N.Y. 11971 August 28, 1980 TELEPHONE 765- 1938 Mr. Charles Grigonis, Chairman Zoning Board of Appeals Town Hall Southold, New York 11971 Dear Mr. Grigonis: The Planning Board has reviewed your referral in the matter of Ernest G. Radford. It is the consensus of the Board that Mr. Radford should make two legal lots from this property by.moving the lot line to the south. The Planning Board sees no reason for a variance. On another map approved for Mr. Radford a 50 foot reserved area was shown west of Marion Lane and the Planning Board would expect same on a minor subdivision map for this property. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD T0~~ BOARD ~man, Secretary Planning Board -3- Augus~O, 1980 ~Ernest G. Radford.,referral from the Zoning Board of Appeals. It is the consensus o£ ~h~-66~-t~Mr. Radf0r~'should make two~ _~e Planni~ Boa~ ~.~9 ~e~son for a vari~ce. On ~a~er~p ...... ~roved--f6r-~-~a~ord ~ 50' rese~ed area was sho~ west~of ~~U~'8~ the pl~zng Board W6Uld ~ect s~e 0n amino~ On motion made by Mr. Orlowski, seconded by Mr. Latham, Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Robert W. and Anita M. Feagles is a four-lot residential subdivision located at Fishers Island in the Town of Southold. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to mccur should the project be implemented as planned. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation it is assumed that there is no objection nor comments by that agency. Because there has been no response in the allotted time from the Suffolk County Department of Health Services it is assumed that there is no objection nor comments by that agency. The project will meet all requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Ms. Muriel Tolman, Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971. Vote of the Board: Ayes: Raynor, Gordon, Latham, Orlowski APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR.,CHAIRMAN SERGE DOYEN, JR. TERRY TUTNILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N,Y. 31:373 TELEPHONE (516) 765-1809 August 8, 1980 Mr. Henry E. Raynor, Jr., Chairman $outhold Town Planning Board Main Road Southold, NY 11971 Re: Appeal No. 2731 - Application of Ernest G. Radford Location: South Side of Main Road, East Marion County Tax Map Item No.: 1000-31-8-1 Dear Henry: The subject variance application requesting approval of insufficient area of proposed Lot No. 1, and requesting an approval of access for proposed Lot No. 2, has recently been filed with our department. Inasmuch as the subdivision proposed will require approvals from your Board, we request: (a) whether or not the proposed layout appears to be in accordance with the standards you would be considering; (b) whether or not the subject property has had res- trictions imposed by your Board if this property had been involved with previous subdivision(s); (c) that you submit your cor~aents as early as possible. CG:lk Enclosure Sincerely yours, Mr. Ernest Radford Eain Road East Marion~ N.Y. Dear Sir; in reply to your inquiry RE: lot ~ 2 on your minor sub- division ,'? 6, off W/S Bay Ave~ East M.arion, ~N..Y. ~ Please be. advised: This is a .usable &.builda~le lot: A' ~'* per~z.~ wbuld be i.~sued for a dwelling '~mich meets all requirements - setb~c,~ sideyards etc. Yours truly ?.-Building Inspector \ December 9, 1970 Mr. Ernest Radford~ Broker Main Road East Marion~ N.Y. Dear SirS #6, In reply to your inquiry RE: lot # 1, minor Subdivision bounded N/ BrownS E/ Brown &Rackett; S/ Private R.O.WS W/ by lot ~ 2 (Radford); and approved by the Planning Board on Sept 16~1969 Please be advised this is an approved lot and a building permit would be issued' for a one family dwelling which meets all setback and other requirements. Private road access has been approved also. Trusting the above will: be helpful to youe ,:~ :,'~' ':~ ~ ~. :. ~ours. truly . .. Building Inspector O O September 17, 1968 Ernest Radford East Marion, l~ew York Dear S ir; Enclosed please f~nd your receipt for $40.00 fee and copy of your minor subdivision % 6 map signed by the Chairman of the Planning Board last night. Enclosed also are partially completed appl4cation forms for f~nal access approval by the Board of Appeals under Section 280A of the Town Law. Yours truly, Southold To~ B~tld~ng Inspector O /UDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 August 6, 1980 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2731, application of Ernest G. Radford for a variance. Also included is Short Environmental Assessment Form, Notice of Disapproval from the Building Department, Surveys, and Notice to the following adjoining property owners: George W. Smith and Barbara M. Smith, Jean Ellen Dean, Stuart P. Anderson and Miriam Anderson, Comm. of Social Services, Kathryn Gardiner. · ~T~jOWN OF SOUTHOLD ' SHORT EN~j~RONMENTAL ASSESSMEN~T EORt(~ there public controversy .... : ...... .... . ...... ]~STRUCTIONS: (a) ]~ 'order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the pr.o]ect and the likely impacts of the action. It is not expected that additional studieSs research or other investigations will be undertaken. . (b) If any question has been answered Yes the projec~ may be i i icant and a completed Environmental Assessm?nt.For~ zs necessary. s gn ~c) If all questions have been answered No zt zs lzkelY that project is not Significant. . (d) Envi'ronmentol Assessment [. ~i11 project result in o torge physical change / 'to the project site or physically olte~ more than 10 acres of land? ........................ ..Yes V'No 2. Will there beo major change to ~n¥ unique o~ . Yes. V~H.o ..u~usual la~d form found on the s~te? ..... '.-~-- 3. W~I! pro~ect alter or have o large e~fect on Yps ~'~o existing body of water? ....................... 4.' Will p~oject hove o potentially large impact , on groundwater quality?..., .......... Yes o 5. 'Will project significantly effect drainage flow on odjocent sites? .............. ; ......... Yes ~, ~ill project affect any threatened or . endangered Plant or animal species? ........... Yes o 7. Will pro~ect result in o major adverse effect' · ~es on air quality? ............................... 8. Will project hove o major effect on visual character of the community or scenic views or ' vlstos known to.be important to the community~_ Yes o ~. Will pro~ect adversely impact any site or structure of historic~ prehistoric or paleontological importance or ony site designoted os o criticol envi~onmentol oreo ' Yes o - by a local ogency? ...... , ..... ~;'"~-''~""'~*~°"~ 10. Will project ·have o major effect on existing 'or future recreational opportunities? ......... Yes o 11. Will project result in major traffic problems or cause o major effect to existing Yes ~Ho transportation systems?..- objectionable 12. Will project 'regularly cause odors~ noise~ glare, vibrotion~ or electrical disturbance os o resu[t of the project's Yes o n? ........ operotio ............................. h lth ' - 13~ Will pro~ect hove ony impoct on public eo Yes o · or.safety?..' ............................... 14. Will p~oject affect the existing community directly cousing o growth in permonent population of more thon 5 percent over o one yeor period or hove o mojor negotive effect / on the choro~-er of the community or Yes ~/ Ho neighborhoodS. ................................ ' concerning the Yes~ Ho TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL~bI,O. ,~5',,/ ' · DAT~ ....... To THE ZON.NG BOA,D OE APPEALS, TOWN OF SOUTHO,D, N.Y. 4 .4/g ], (~).....~...~..~ ..................... of ..~..~.~...&....0.......~,....~. ............ Name of Appellont ' Street and Number .... ..... ~..~..~M~W-..~'.~ ................... .#.~...~.... ....... HEREBY APPEAL TO Municipality ......... State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ........ ~/l/.~...O./~......i ....................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) of N me of Applic, ant for permit Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LC~CATION OF THE PROPERTY . ....... j~,:~..~Jl~..~,~...~...~...~.i~ Street ' 'Else' District on Zoning Mo · Mop i~o.' ....................................... E~,'~"~;: .............. ~ ~/~~' ~//./~: '2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sectidn and ParagJ'apff 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 Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal 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 ( ) ~l~l~ested !or t~he ~as~o.n that ,~ ~ ~ ~z~J.,~J. . . . (Continue on other side) REASON FOR APPEAL Continued 1. 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 ~~ CHARACTER OF THE DISTRICT because STATE OF NEW YORK COUNTY OF~ ss Sworn to this ..............................................day ~r~Jon 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 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (the following relief: ' ' - 2. That the property which is the subject of the Petition is located adjacent to your property and is des-~ cribed as follows: .Il ~u*..~ ~,,~.~,,~;~.~ ~.~17 ~ ~ ~ ~ ~Id~. 3. That. .the property which is the subject of such Petition is. located in the follow, lng zoning district: 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: ,/&d~S. lo ~ ?OD-3~ ,.md ?~.,,~$n,~_ 28D ,4 (.4..~,,...~.~j~ t~ t~,..~,~t~) 7'na~ Zma 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 may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the ' To~vn of Southold and designated for the publication of such notices; that you right to app~ and be heard at such hearing, or your re~x~fative have the Dated: (/" I/J.I'.Z~ b./O.~- ~,,. /L~ff"O ~ % /IIi /) Petitioner ' / ~f Post Office Address NAME PROOF OF MAILING OF NOTICE ADDRESS ;ing duly sworn, deposes and says that on the day of /~ ,19 Ov fent mailed a true copy of the Notice set forth on the re- verse side hereo?, directed to each of the above-na,., d 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 a. ssessment roll of the Town of Southold; that said Notices were mailed at the United S~Post Of- fice at ~ ~, ~/f~. N. /~ /'/'93~; that said Notices were mailed to each of saj~ per~to~ls by (certified) (registerec~)mail. ' Sworn to befoce me this ~_P day of r/~~, 19 Notary Public · JUDITH T. TERRY Notary Public, State of New York No. 52-0344963 Suffolk County-~ Commission Expires March ~0, ~.9~. / SEE SEC NO 022 SEE S£C NO 022 ,~fAF~ION TOWN OF