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HomeMy WebLinkAbout2716 TOWN OF ~Ou'l~tlOLD, NEW YORK ACTION OF THE ZONING BOA.~D OF APPEALS Appeal No. 2716 Dated 6/26/80 ACTION OF THE ZONING B~)ARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. and Mrs. Antone J. Norklun Oyster Ponds Lane Orient, NY 11957 Appellant at a meeting of the Zonin~ Board of Appeals on July 24, 1980 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. III, Sec. ( ) Art. VII, Sec. 100-31 100-71 the appeal 1. ~9~.F~ltgt~~~ was detemined that a .speMal exception ( ) be ~ra~ed ( ) be de,ed pursuant te A.rtk~ .................... Sect~n .................... Subsection .................... para~aph .................... ~ the Zoning Ordinance and the d~ision of the Building Inspector ( ) be ~versed ( ) ~ confirmed b~a~e Application of Antone J. and iloise L. Norklun, Oyster Ponds Lane, Orient, New York for a V~ri~nce to, the Zoning Ordinance, Article III, Section 100-31, ArtfCle~VII, Section 100-71 for approval of insufficient area and width or'two ~ro~0~ed parcels. Location of property: West side of Village Lane, Orient; bounded north by Brown, east by DeEastines, Horne and Village Lane, south by Duell and Tabor, west by Reeves and Oyster Ponds Lane; County Tax Map Item No. 1000-25-1-16 and part of 3. (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 sp~it 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. FORM ZB4 ZONING BOARD OF APPEALS After investigation and personal inspection, the Board finds that applicants are requesting approval of ~nsufficient area of Parcel 1 of 21,303 square feet, zoned A-Residential & Agricultural, and of Parcel 2 of 12,810 square feet, zoned partly B-1 and partly A-Residential & Agricultural. Existing on Parcel 1 are a 1½-story frame house, and detached garage; existing on Parcel 2 is a one-story frame building. It has been found that prior to the adoption of one-acre zoning, these parcels had been separate and Parcel 2 contained, a considerably less amount of square footage, approximately 8,190, than that proposed herein. The Board agrees with the reasoning of the applicants. The Board finds the circumstances present in this case are unique, and that strict application of the ordinance would pro- duce practical difficulties or unnecessary hardship. The Board believes that the granting of a variance in this case will not change the character of the neighborhood and will observe the spirit of the ordinance. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that Antone J. and Eloise L. Norklun, be granted a Variance to the Zoning Ordinance,as applied for in Appeal No. 2716 and subject to the following CONDITION: That applicant obtain the approval(s) from the Southold Town Planning Board regarding the subject division. Location of property: West side of Village Lane, Orient; bounded north by Brown, east by DeEastines, Horne and Village Lane, south by Duell and Tabor, west by Reeves and Oyster Ponds Lane. County Tax Map Item No. 1000-25-1-16 and part of 3. Vote of the Board: Tuthill and Goehringer. Ayes: Messrs. Doyen, Douglass, Messr. Grigonis abstained (relative). Chairman [lo~lrd ~f ASpea~ NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Board of Appeals, Town of $outhold at the Town Hall, Main Road, Southold, New York on Thursday, July 24, 1980: 7:35 p.m. Application of Twin Fork Tire, Sound Avenue, Mattituck, New York for a Variance to the Zoning Ordinance, Article VI, Section 100-60C for permission to erect sign advertising off-premises business. Location of property: Main Road and Pacific Street, Mattituck, New York; bounded north by Pacific Street, east by Main Road by Pizzarelli, west by O'Neil and Ryswyk. Item No. 1000-142-2-16. (S.R. 25), south County Tax Map 7:45 p.m. Application of Patrick and Maryann Hannon, 4050 Camp Mineola Road, Mattituck, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct deck to existing dwelling with an insufficient frontyard setback. Location of property: 4050 Camp Mineola Road, Mattituck, New York; bounded north by Allen, east by Murphy, south by Howell Avenue, west by Griffin. County Tax Map Item No. 1000-123-5-20. 7:55 p.m. Application of Antone J. Oyster Ponds Lane, Orient, New York for a Variance to the Zoning Ordinance~ Article III, Section 100-31, Article VII, Section and Eloise L. Norklun, 100-71, for approval of insufficient area and width of two proposed parcels. Location of property: West side of Village O O Page 2 Legal Notice of Hearings Meeting to be Held July 24, Board of Appeals 1980 '~Lane, Orient, New York; bounded north by Brown, east by _ DeEastlnes, Horne and Village Lane, south by Duell and Tabor, west by Reeves and Oyster Ponds Lane. County Tax Map Item No. 1000-25-1-16 and part of 3. Dated: July 1, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 7/2/8o Copies to: Mr. and Mrs. Antone J. Norklun Twin Fork Tire Mr. and Mrs. Patrick Hannon Suffolk Weekly Times Long Island Traveler-Watchman Supervisor W. Pell Town Clerk Bulletin Board Instructions to newspapers: Please publish commencing July 10, 1980, for one week, and forward three affidavits of publication on or before July 15th to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971; tel. (516) 765-1809. NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold,. the following matters will be held for public hearings by the Board of Appeals, Town of Sonthold at the Town Hall, Main Road, Southold, New York on Thursday, July 24, 19~0: 7:35 p.m. Application of Twin Fork Tire, Sound Ave- hue, Mattituck, New York for a Variance to the Zoning Ordinance, Article VI, Section' 100-60C for permission to erect sign advertising off-premisea business. Location of proper- ty: Main Road and Pacific Street, Mattituck, New York; bounded north by Pacific Street, east by Main Road (S.R. 25), south by Pizzarelli, west by O'Neil and Ryswyk. County Tax Map Item No. 1000-142-2-16. 7:45 p.m. Application of Pat- rick and Maryann Hannon, 4050 Camp Mineola Road, Mat- tituck, New York for a Var- iance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct deck to existing dwelling with an insufficient frontyard setback. Location of property: 4050 Camp Mineola Road, Matti- tuck, New York; bounded north by Allen, east by Mur- Phy, south by Howell Avenue, ~NTY OF SUF~'OLI~. west by Griffin. County Tax %TE OF NI~-W YORK, ~ ss: Map Item No. 1000-123~5-20. 7:55 p.m. A~Llica~tio~n of tone J. and Eloise L. Nor[~.qn.~ JOA~~ GUSTAVSON beina dulv Sworn, Ovstei'. Pon, ,ds.~-]i~n~,-]'Ori~hi, .' .................................. -' III, ~ectYffff 100-$1, Ai'hc~le VII,' .... ................. EKLY TIMES, a newspaper pubhshed at Greenport, m smd ......... ftnty: and that the notice, of which the annexed is a printed tion of prepei[~:"We~-f~ide or' ' ' ' W Times Villaa~-I~.o a~o~-~,~y, has been pubhshed in the smd Suffolk eekly Yorg_~L bonnde'~ ~/~o-H~' by'. .... ~:'~ . Bro~, ~t b~ DeEastines .e ~n each weeg, mr ........ ??.~ ............... weetts b~ Duell and Tabor, West by-Cesslve Ir commencxng on me ....... .~.: ................ R~,~ and Oyster ponds Lane. County Tax Map Itemg of . ?~...~.~. ....... 19~D. ~ / Dated: July 1, lffi0. · · · · BY ORDER OF TH~SOU'mO~D~OW~Om to l~fore me {h~s . ../~ ..~... BOARD OF APPEALS ~ | 1TJ¥10-3478 ¥ ................ HEL£N I(. DE VOE NOTaRy PLIBiIc. State of New York No. 4707878, Suffolk Coue~ Term Expires March 30, 19~ NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the Provis. ions of the Amended Code of the Town of Southold, the following matters will be held~ for public hearings by thek.. Board of Appeals, Town of~ Southold at the Town Hall, Main Roe. Southold, New York on su, 'sday, July 24,~ 1980: 7:35 p.m. Application of Twin Fork Tire, Sound Ave- nue, Mattituck, New York for a c~ Variance to the Zoning Ordin-~j ance, Article Vl, Section 100- 60C for permission to erect sign advertising off.premises business. Location of property: j Main Road and Pacific Street, Mattituck, New York; bounded north by Pacific Street, east by a Main Road (S.R. 25), south by~l Pizzarelli, west by O'Neil and RyswyL County Tax Map Item No. 1000-142-2-16. 7:45 p.m. Applleation of Patrick and Maryann Hannon, 4050 Camp Mineola Road, Mattituck, New York for a Variance to the Zoning ordin- mace, Article III, Section 100-~, 31, for permission to construct deck to existing dwelling with an insufficient frontyard set- back. Location of property: 4050 Camp Mineola Road, Mattituck, New York; bounded north by Allen, east by Mur>~ phy, south by Howell Avenue, west by Griffin. County Tax Map Item No. 1000-123-5-20. 7:55 p.m. Application of Antone - J~ ~fi'd-'l~-T6[i~ L~ Norklun, Oyster Ponds Lane, Orient, New York for a Vaci- ante to the Zoning Ordinance, Article III, Section 100-31, Article VII, Section 100:71, for approval of insufficient area and width bf /v~ proposed West ~ide~ of Village Lane~ Orient, New ¥0rlri ~0hnded .... fi~th 1/~;' Br6ivn;' ia~¥ by- DeEastines, Horoe ~nd Village Lane, south by Doell and Tabor, west by Reeves and Oyster Ponds Lane. County./ Tax Map Item No. 1000-25- 1-16 and part of J. Dated: July 1, 1980 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT, 7/10/80 (8J) CC&~I-Y OF SUFFOLK ST^T~ OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, 3 public newsTaper printed at £outhold, in Suffolk Count,/; 3nd that the notice of which the annexed is a printed copy, fas been published in said Long Island Traveler-Watch- man once each week for ............... I .......................weeks sL,ccessively, commencing on the ..... {.~ ............................... ........ Notary Public TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL rile NO ................................ Date ...................... ~ ~6, 19.~..Q. */,....~>...,...~.~..~.. ~ (~J ........ 7~..:../~......-~??/...0....,>~t. PLEASE TAKE NOTICE that your application dated ........... . .~.......~..., 19..~..0. for permit to ~n.t~.t...,~.... ~ .~J....~..-~ ...... .~. ................... at Location of Property h;~ h/o:' ~g' 't~J,/~- ~'~ ~ .......... ~' 'h~r~/e~ County Tax Map No. 1000 Section .............. Block .............. Lot .............. Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds.. ~ ~ ..~...~-.~... ~. · .~. ' ~,,~ ~ ~ ,,~, .~ ..~.....~..~,:!..__..&. ~~.~...~...~...r~ iii¥ ........ .......................... . 7..t,t~r,>7o o _ ?/ .~ ~-~ .~ ~..~ ................................ Building Inspector RV 1/80 O O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~' .z/~ ..... ...... TO THE ZONING B._OARD OF APPEALS, TOWN OF SOUTHOLD, N. Y, Nome of Appellant Street ond Number ............ ....~...!.~ ............................................................... .... ....................../~/Y' ..HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED "~'~' ;'~(% I~J~C~ WHEREBY THE BUILDING INSPECTOR DENIED TO fln~,---J'. *' P'lois,, /,. Nome of Applicant for permiJ~ of ~,b- P~ L;-L~. O~-~ ~/'/ Street and Number Municipali~ State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ,. Street Use District on Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sec~on and Paragraph of the Zoning Ordinance_ by number.~_D_o not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for J ( v~' 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 (J~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL ( )~.A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) is requested for the reason that OJ~, ~j ~,,~i~ IVorm zBI (Continue on other side) REASON FOR APPEAL O Continued sory HARDSHIP because / 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 ~his use district because CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE ss COUNTY OF~~CJ ~loi,~:- J.. J~/~jwS~'gnature Sworn to this ~ ~ ~ .............................................. day of ................................... 19 ~ Rofary Pubfi¢, State of New York/3 ~1o. 52-0344963 Suffolk Count~ Oommlssion Expires March 30, Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 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. DESCRIPTION OF PROJECT Appea! No. 2716. Application of ANTONE J. and ELOISE.L. NORKLUN, Oyster Ponds Lane, Orient, New York 11957. Location of Project: West side of Village Lane, Orient, New York; 1000-25-1-16 and part of 1000-25-1-3. Permission Requested: Approval of insufficient area and width of two parcels, Art. III, Sec. 100-31, and Art. VII, Sec. 100-71. Public Hearing: July 24, 1980 at 7:55 p.m. at the Southold Town Meeting Hall, Mai~ Road, Southold, NY. 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 required. 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: July 1, 1980. Applicants. Town Clerk Bulletin Board. ~NSTRUCT~ONS: ~Order to answer the questions in this short E^F it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the ac{ion. It is not expected that cdd£tionol studies, research or other investigations will be undertaken. . (b) If any question has b~en answered Yes the projec~ may be signi£icont and a completed Envxronmental Assessment Form zs necessary. questions have been answered No it is likely that this Signi¢icont. Envi'ronmental Assessment (c) If all project is not (dj ~li'l'l project result in a large physical change to the project7 site or physically alter more than 10 acres of land? ........................ Will there be.a major change to any unique or -.unusual la~d form found on the.site? ....... ;--, Will project alter or have a large effect on' of water? '' existing body ....................... · Will p~ojec~ have a potentially large impact on groundwater qualiFy?...; ................... 'Will project significantly effect drainage flow on adjdcent sites? ........................ Yes //No Yes ~/Iqo Yes/No · Yes~/Nq Will 'project afFect any threatened or . endangered plant or animal species? ........... . ,Yes, /,No 7- Will project result in o major adverse effect ' lity? on air quo ............................... , Yes o' 8. Will project have o major e~Fect on visual chorogter of the community or scenic views or . Vistas known to.be important to the communlty~. Yes/No ~. Will project adversely impact any site or -.- structure of historic, prehistoric or poleontologlcal importance or any site designated os a critical environmental oreo cy? ............ Yes o - by 1 1 ......... a oca ogen ....... . ................... 10. Will project 'hav~ a major effect on existing. · future recreatibnol opportunities? Or ' ' 11. Will project result in major traffic problems or. cause a major e~ect tO existin9 transportation systems? ........ '---' ............ Yes, No 1~. Will project ~egularly cause objectionable odors, no'ice, glare, vibration, or electrical disturbance as o result of the project's yes/No operation? .... ................................. ' ' ' t bli h lth ' th y 13. Will projec ave on impac on pu c ea Y · es o safety? ' · existing community by 14. Will project affect the directly causing o growth ~n permanent population of mare than 5 percent over a one year period o~r have o major negative effect on the character of the community or Yes/No neighborhood.~. ................................ _ 15. Is there public controversy concerning the Yes:~N° project? .................................. . .... . .... REPRESENTING JUDITH T. TERRY · TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-180! Southold, L. I., N. Y. 11971 June 30, 1980 To: Southold Town Zoning Board o£ Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2716 application of Antone J. & Eloise L. Norklun for a variance. Also included are noti£ication to adjoining property owners as follows: Jean F. Brown c/o E.R. Caswell, 2729 Via Verbena, San Clemente, Ca. 92672; Dwight A. Horne, Wachusett Ave.,Box 426, Hyannis Port, Mass. 02647; Linton Duell, Vill-ge Lane, Orient, N.Y. 11957; H. Curtis Tabor, Skippers Lane, Orient, N.Y. 11957; Robert C. Reeves, Jr., Oyster Pond Lane, Orient, N.Y. England. · JT kac~Ee Enc./ 11957; Chantel Mace De Gastines, 2 Chyne Gardens, London SW 3 Town Clerk 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. Thee intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (~_ariance~ (Special Exception) (Special Permit) (the following relief: ). 2. That the property which is the subject of the P.eJ~tion is located adiacent to your property and is des- cribed as follows: V~ll~e~ ~ ~ 0~,~/-~-'d,~)~-~,O~ J~7~e_. ; (~rte~; ~ //~,~? 3. Thj~t tJ~roperty which is the subject of such Petition is Ioc~ed in the following 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: .~.~e. le,.. 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 Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ~'~& 30.:, ! q _,~3 . Petitioner Posr~O~.fice/~itdress NAME PROOF OF MAILING OF NOTICE ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: , being duly sworn,~depo~es and says that on the ,3D~-- day of ~-~.~_ ,19 ,¢'0 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at (~ ~'~k.~- ~ ~ ; that said Notices were mailed to each of ~id persons by (certified) (~:_:_~) mail. Sworn to befor~ me thi~ ~ day of ~ ,19~. N~Ty Public / PS Form 3800, Apr. 1976 CONSULT POSTMASTER FUR FEES ' ' O~ ONAL SERV CES R~URN RECEI~ SERVICE ~ m ' ELIZABITN ANN #EVlU.! NOI~RY le~dl~LtC, Term ~A'f. ~R' I$ L4AJc} 9 9 I0 II 9 1.34(c) ,~,., t 0 J'f~THOD~ S r ;.0 4(c) ~lScop,~ HURCH 4 ONDS HISTORICAL I? SOCIETY ' 20.14 oRCHARD 6 5 T q .J il) 150.0 S'1.94 c~+ ll'~ Town o~ ._~Y. gTr4Ot_~ , iq. Yr. t $CALF.: ~0'=|" iron pip~ )0" W l- ~ara~e ANTO N E _ ] YOUNG N 0 ~.~ LUINI VAN TUYL~ SON 6reenpor~. N~wVorlc