The URL can be used to link to this page

Home My WebLink About2762 a TOWN OF SOUTHOLD, NEW YORK AC~O~ OF Tm~ zom~ BOOm OF A~PEALS Appeal No. 2762 Application Dated November 10, AC?~ON OF ~ ZONING ROAm~ O~ ~S~ O~ ~ ~O~ O~ SO~O~ To Mr. and Mrs. David 01enick ,y 120 Park Place Brooklyn~ NY 11217 1980 AppelLant at a moeting of the Zouln~ Board of Appeals on December 4, 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 a r t. I I I, S e c. ( ) the appeal 100-35A granted ( ) be denied pur~ant to Ar~le .................... ~on .................... Subsect~n .................... paragra~ .................... ~ the Zoni~ Ordinance and the derision ~ the Building I~p~ter ( ) ~ ~versed ( ) be co~irraed because Public Hearing: 7:35 p.m. Application of David and Carmen 0lenick, 120 Park Avenue, Brooklyn, NY ll217 for a Variance to the onl~0rdinance, Art. III, Sec. 100-35A for permission to construct fence in the front yard area exceeding height limitations at 185 Pri- vate Road No. l0 (a/k/a 4255 South Harbor Lane), Southold, NY; bounded north by VanDerheuvel; south by Private Road; west by South Harbor Road; east by Jacobs. County Tax Map Item No. 1000-87-1-1. (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 difficulties or unnecessary hardship because (SEE REVERSE SIDE) (b) alike in the inunediate vicinity of this property and in the same use district because The hardship created {is) (is not) unique and (would) (would not) be shared by all properties (SEE REVERSE SIDE) (does not) observe the spirit of the Ordinance and (would) (c) The variance (does) change 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. FORM ZB4 ZONING BOAHD OF APPEALS After investigation and personal as follows: inspection, the Board finds Appellants have appealed to this Board seeking a variance to construct a six-foot high fence for privacy to a proposed swimming- pool in the frontyard area. Existing at the premises are a one- family dwelling and detached garage. Upon inspection, the Board found no swimmingpool constructed in the frontyard area, for which a variance'had been granted on December 6, 1979. It is the feel- ing of the Board that insufficient hardship does not warrant jus- tification for the granting of this variance. The Board finds the circumstances in this case are not unique; that strict application of the ordinance would not produce practical difficulties or unnecessary hardship; that the granting of this variance will change the character of the neighborhood and would not observe the spirit of the zoning ordinance. On motion by Mr. Grigonis, seconded by Mr. Sawicki, .it was RESOLVED', that David and Carmen Olenick's application for a variance be denied without prejudice for permission to construct six-foot high fence in the frontyard area as applied for. Location of property: 185 Private Road (a/k/a 4255 South Harbor Lane), Southold, NY; bounded north by VanDerheuvel; south by Private Road; west by South Harbor Road; east by Jacobs. County Tax Map Item No. 1000-87-1-1. Vote of the Board: Ayes: Grigonis, Doyen, Goehringer and Sawicki. Absent was: Member Douglass. APPROVED -C}mi6nan Board-of ~peal$ LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, that the following matters will be held for public hearings by the Southold Town Board of Appeals at the Town Hall Main Road, Southold, NY on Thursday, December 4, 1980: 7:35 p.m. Application of David and Carmen Olenick, 120 Park Avenue, Brooklyn, NY 11217 for a Variance to the Zoning Ordi- nance, Art. III, Sec. 100-35A for permission to construct fence area exceeding height limitations at 185 10 (a/k/a 4255 South Harbor Lane), Sout~old, south by Private Road; Jacobs; County Tax Map in the front yard Private Road No. NY; bounded north by VanDerheuvel; west by South Harbor Road, east by Item No. 1000-87-1-1. 7:45 p.m. Application of/Edna R. Tonnese~, by Sidney~Beebe as agent, Main Road, Box 979, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 for permission to construct garage with an insufficient frontyard setback at 50 Bungalow Lane bounded north by tooka Road, east 1000-123-2-1. (a/k/a 1945 Marratooka Road), Mattituck, NY; Bungalow Lane; south by Carr; west by Matra- by Darsaklls, County Tax Map Item No. 7:55 p.m. Application of Harold and Hattie Stetler, 25 Mindrews Avenue, BrQn~wood,_~N~_.~7 for a Variance to the Flood Damage Prevention Law, Chapter 46, Sections 46-7, 46-15, 46-18 for permission to construct basement (lowest floor) below the restricted 8-foot base elevation in a special flood hazard zone at the south side of Wiggins Lane, Greenport, NY; bounded north by Wiggins Lane; south by Fordham Canal; west by Prato; east by Peconic Holding Co.; County Tax Map Item No. 1000-35-4-21. 8:10 p,m. Recessed Hearing. Fanny Behlen Community Health LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY :GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended . Code of the Town of Southold, that the following matters will be held for public hearings by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, December 4, 1980: . . 7:35 n.m. Annlicatioq of David and Carmen Q]~niek. 120 Pa~rk ~venue. Brooklyn, ,NY 11217 fgr a varianc%~ the , J.~c._I~.3~sA lot ~ .~io.n to, ~gnstruct f~nce_ ~.n:t!~ frnnt__~' ~ard-area exceedin~ .height .~art~r.I~me), aoutho~ NY; _.Loouna~ n0rtn Dy VanDer, · Road. east by Jacol~: County' -~aX l~laP'Item N°. ~ 7:45 p.m.' Application Edna R. Tonnesen, ~by Sidney Beebe as agent, -Main Road, Box 979, Cutchogue, NY. for a Variance to the Zoning Ordi- nance, Art. III, S. ec. 100-31 for permission to construct garage with an insufficient frontyard setbaCk'at 50 Bunga- low Lane (a/k/a 1945 M~rra- tooka Road), Mattituck, bounded north by B, ungalow 'Legal Notices Lane; south by Carr; wc~t by Marratooka Road, east by Darsaklis; County Tax Map Item No. 1000-123-2-1. 7:55 p.m. Application of Harold and Hattie Stetler, 25 Mindrews Avenue, Brent- wood, NY 11717 for a Variance to the Flood Damage Preven- tion Law, Chapter 46, Sections 46-7, 46-15, 46-18 for permission to construct basement (lowest floor) below the restricted 8-foot base elevation in a special flood hazard zone at the south side of Wiggins Lane, Greenport, NY; bound- ed north by Wiggins Lane; south by Fordham Canal; west,/ by Prato; east by Pec0nic Holding Co.; County Tax Map Item No. 1000-35-4-21. 8:10 p.m. Recessed Hearing. Fanny Behlen Community Health Center application for a Special Exception to erect an ambulatory care clinic on residentially-zoned property at the south side of North Road, Greenport, NY; County Tax Map Item No. 1000-40-3- 3.1. 8:30 p.m. Recessed Hearing - Application of Fanny Behlen Community Health Center, P.O. Box 659, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 and 100-31 for permission t0/ .erect an ambulatory care din- m on property zoned A-Res- idential & Agricultural and with insufficient distance from s~reet line and insufficient distance from the east side line Location of property: S~ side of North Road (C .... 27), Greenport, NY; bounded north by North Road; w. est by Fenno; south by Fran- s~sco; east by Nedoszytko; County Tax Map Item No. 1000:40-3-3.1. 8'~ p.m. Recessed Hearing - A :ation of Roy C. Schoen- haar, by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY for Variances to the Zon- ing Ordinance: (1) for ap-~ proval of insufficient area and width of parcels to be estab- lished in a proposed subdivi- sion, Article III, Section 100- 31, and (2) for permission to reinstate preexisting noncon- forming sideyard setback, (3) for approval of access, New York Town Law Section 280-A. Location of property: South side ~ Route 25, Mattituck; bow. north by Route 25; west oy Matt Agency, Jar- zombeck, Roth; south by Mci- lender; east by Pumillo, Hal- lock, Steinhart, Jackson, Bil- ianos; County Tax Map Item No. l ~^'~-143-2-33.2. Dat~ ~ovember 20, 1980. BY ORDER OF~ THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN J 3564-1TN26 · COUNTY OF SUFFOLK. ] STATE OF NEW YORK. ? ss: Joan Gustavson ...................................... being duly Sworn, says that . .s.l~.. ~ is Printer and Publisher of the SUFFOLK WEEKLY TIMES. a newspaper published at Greenport. in said countw and that the notice, of which the annexed is a printed copy. has been published in the said Suffolk Weekly Times once in each week. ~r ...... 9.n.e. .................. weeks successively commencing on the .... ~..7.t.~. ................. November, ,. 80 day of ........................ Sworn to before me this . ..~.~...~... , clay of ....~..~.. 19..f.O.. ] , ........... ........... NOTARY PUBLIC,, State 0f New York No. 4707878. Suffolk County Ter,n Expires March 30, 19~..~./ '": OF HEARINGS NOTICE IS HEREBY GiVhaiq, i' Pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, that the follOwihg matlers will be held for public hearings bY the Southold Town Board of Appeals at the Town Hall, Main Rend, Southold, NY o~ Thursday, December 4, 1980: , 7:35 p.m. Application of David and Carmen Olenick,~ 12o t'arlt Avenue, Brootlyn,' "Sec. 100-3hA for permission .t?.._~ '.gonstruct fence in .the front yard area exceeding heigh~ '~lq'0~. -i~ (a/k/a 4255 South -'l:[~-'l. hne), Southold, NY; bounded north by VanDer- heuvel; south by Private Road; Lwest bY South Harbor ~_east by Jacob__~s'_,_Co~ . ~Map, Item No. 1000-87-1'1. Apphcation of 7:45 p.m.' ...... Edna R. TonneSen, bY Sidney Beebo as agent, Main Road, Box 979, Cutchogue, NY for a Variance to the Zoning Ordin- ance, Art. III, Soc. 100-31 for permission to construct garage with an insufficient froutyard .setback at .50 Bungaiow Lane (a/k/a 1945 Marratcoka Road), Mattituck, NY; bound- ed north by Bungalow Lane; south by Carr; west by Marra-- tooka Road, east by Dar- saldis; County Tax Map Item No. 1000-123-2-1. 7:55 p.m. Application of Harold and Hattie Stetler, 2.5 Mindrews Avenue, Breut- ~,__~_tt717 for a Variance Ols~n, Esq., Main Road, Mat- truck, NY for Variances to the Zoning Ordinance: (1) for approval of insufficient area and width of parcels to be established in a proposed subdivision, Article It[l, Sec- tion 100-31, and (2) for per- mission to reinstate preexist- ing nonconforming sideyard .setback, (3) for approval of access, New York Town LaW Section 280-A. Location of property: South side of Route 25, Mattituck; bounded north by Route 2.5; west by Matt 'Agency, .larzombeck, Roth; south by Mellender; east by Pumilio, Haliock, Steinhart, ,lackson, Bilianos; County Tax Map Item No. 1000-143-2- 33.2. Dated: November 20, 1980 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, .IR., Chairman 1T, 11/27/80 ($) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCH:MAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for .............. / ....................... weeks successively, commencing on the day of ( \ Sworn to before me this -2-~/" day of Notary Public S0UTHOLD TOWN BOARD OF,~APPEALS. . Sep;~mber 6, 1979 the number of cars according to your proposal. The other thing that we would want is to have you and one of us, probably myself, to get together with the Chief and the Chairman of the Board of Fire Commissioners of Mattituck, go out and go over the place with you, and we want their thoughts on the situation. MR. PERRICONE: I've already talked to Chief Coleman about it. MR. DOUGLASS: Well, there will have to be one of us with you and go over it with him and the Chairman of the Board of Fire Com- missioners so that we know where this, of course, the materials and so on that you use in the place, that's all under the building code anyway. That's controlled by the building code and your accesses and all. It would be advisable, I would ~ay, this is just something that I am throwing in, that you can show us in a reasonable manner of what your noise tolerance would be with that type of building, with what you intend to do on the inside, the type of materials you intend to use on the inside of it, the noise tolerance and stuff would be. So with this stuff in mind, I'll move for a recess of this. If we recess this till our October meeting, will that give you time to get this stuff together? MR. PERRICONE: I've got time. MR. DOUGLASS: It will be recessed until the 18th of October. On motion made by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Penelope Kousouros and Stephen J. Perricone, 7470 Sound Avenue, Mattituck, New York, application for a variance be RECESSED till October 18, 1979. Location of property: Sound Avenue, Mattituck, New York; bounded on the north by Sound Avenue; east by Sepko; south by Meg!lo: ~es-I by ~eglio. Vote of the Board: Ayes: Messrs. Douglass, Grigonis and ~/~PUBLIC HEARING: Appeal No. 2589. Application of David and --} Carmen Olenick, 120 Park Place, Brooklyn, New York, for a variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct a swimming pool in the front-yard area. Location of property: Corner of South Harbor Lane and Private Road, Southold, New York, bounded on the north by VandenHeuvel; west by Jacobs; south by Private Road; west by South Harbor Lane. The Acting Chairman opened the hearing at 10:10 P.M. by read- ing the application for a variance, legal notice of hearing'as advertised in the official local newspapers, affidavits attesting to its publication in the official newspapers, Notice of Disappro- val from the Building Inspector, an~ letter from the Town Clerk that notification to adjoining property owners was made to: Mr. tUnd Mrs. Douglas Jacobs, and the VandenHeuvels. Fee paid: $15.00. :SOUTHOLD TOWN BOARD ~APPEALS -26- Sep~er 6, 1979 MR. DOUGLASS: We have been down to examine this property and we do have pictures of it. They actually end up with two front, the situation is they end up with two front yards. They have a frontyard which is low land, creek land, on South Harbor Road, and then they have their frontyard on the private road that runs along the creek off of South Harbor Road. We have pictures of it. In the back from where the garage and house are, there is a direct drop-off after about 10 feet behind the house down to the creek and to environmental-controlled grasses and marshes and so on. On the South Harbor side, it drops off quite radically to and down into low land even though it's considered a corner lot and naturally would be a front-yard too. But that would not be in front of the main house. So it appeared to us when we went out and inspected it, -'if they're going to have a swimming pool .they-have no othe~ place to put it other than their front-yard. This is right down the east of the property between them and Jacobs is a black-topped driveway and then Jacobs black-topped driveway. There's no land between the house and the side-yard. This is where they are supposed to put it. They have a unique hardship here. They have two front-yards and one front-yard is no good for the pool because of the creek so they have no place to put it but in the front and apparently it is all right with them to have it front of their main front door. So I'm open for a motion. After investigation and inspection, the Board finds that the applicants wish to construct a swimming pool in the front- yard area fronting Private Road. It is impossible to construct a swimming pool in the front-yard area fronting South Harbor Road because it is low land or creek land and also impossible in the rear-yard because of the dwelling's closeness to the creek. The Board agrees with the applicants' reasoning. The Board finds that strict application of tke Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion made by Mr. Grigonis, seconded by Mr. Tuthill, it was RESOLVED, that David and Carmen Olenick, 120 Park Place, Brooklyn, New York 11217, for a variance to the Zoning Ordinance Article III, Section 100-32 for permission to construct a swim- ming pool in the front-yard area, be GRANTED. Location of property: Corner of South Harbor Lane and Private Road, Southold, New York, bounded on the north by VandenHeuvel; east by Jacobs; south by Private Road; west by South Harbor Lane. Vote of the Board: Ayes: Messrs. Douglass, Grigonis and Tuthill. FOR3~ NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ~/~V' /o ~b File Bio ................................................................. Dote ........................................................ , 19 ....... To ........ /.~e ....... ~-~. ....... .~..~.~..; ........ .......................... -~t~.~'~.¥-.;;...~,.r;.-;,.;/ ......... t~ ~ /~ ................................................................................ No~ /~ ~O PLEASE TAKE NOTIC~~plication doted .................................................... , 19 ........ f~r~"~tru~.~..~..j~ .................. at the ~gmj~s, Jocote~at .................................... ..~.~.~.~ ....... ~.~.~.~'~'......~.~. Street ~[)L/,i~OL ,~ Mop .................................... Block ............................................ Lot ................................................ is rp~me~erew~ ~W~isapp~ ~n ,~ ~ollow;ng~rouqd~ ...................................................... · f'r~.~.~ ....... ~'~"~"O' ........ ~'~ .......... ~a'~' ......... ~i'V~4'i~'~'S"'"~;'"g~ ...... ~'~ ....... V',F~'t~ ........ rl'~ .......................... .7~:.~ ~ ...... r~.~..3~~ ................................ Building Inspector TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined ................ ,19 ... Approved ................. 19... Permit No ............ Disapproved a/c ..................................... APplication No .................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessary inspections. ~ ' ~ ........ ./.'.27.,, (Mailing address of applicant) //2 t 7 State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises .... . .~..~.~..'Y~.. ~.....~. · .~../?. .... .~. · .d~..'~..~.~./..<W. ........................... (~s on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No ...... .~..ff..~..~./~...../~..~.~... Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... Location of land on which proposed work will be done ...... ./~..~.... t~../~..'.t~.~.7...~.../2.-?:. ~ ./.0. ............ House Number Street Hamlet County Tax Map No. 1000 Section .................. Block .................. Lot ................... Subdivision ..................................... Filed Map No ............... Lot ............... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and OCCUpancy ......... ~../'~. ( ?..'~..-~..~. ............................................... b. Intended use and occupancy ........ ..~..(~.././~..,.../~.~.o..47-..' . ..~...../~...~(..~.. ........................... &'$.~ Nature of work (check which ap ble): New Building .......... Add .......... Alteration ........... Repair .............. Removal .............. Demolition .............. Other Work ............... . .~../~ .~ ~/~.~ (Description) 4. Estimated Cost ..... Fee ........... (to be paid on Filing this application) $. If dwell/rig, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars ........................................................................ 6.If business, Commercial or mixed occupancy, spec/fy nature and extent of each type of use ..................... 7. Dhnensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ........................................................ Dhnensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ...................... 8. Dimensions of entire new construction: Front ............... Rear ............... Depth ............... Height ............... Number of Stories ........................................................ 9. Size of lot: Front ...................... Rear ...................... Depth ...................... 10. Date of Purchase ................ Name of Former Owner . .~-~.~...~Y. ~- ~-~ _~ $ I 1. Zone or use district in which premises are situated ..................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ................................ 13. Will lot be regraded ............................ Will excess fill be removed from premises: Yes No 14. Name of Owner of premises . .~.~?/?...~.~..~..l..~.... Address ................... Phone No..7~'~./.~.~. ?.... Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .., ........................ Address ................... Phone No ................ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate ail set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. o( STATE OF NEW YORK, ~ COUNTYOF... S.S ....... ~"~- ~--/'~-.. ~--~- ~ -'~./..~- · .~-- - ............... being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. He is the ............ ORA./AJ~h~ (Contractor, agent, corporate officer, etc.) of sa/d owner or owners, and is duly authorized to perform or have perfOrmed the said work and to make and f'fie this application; that ail s~atements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set for~th in the applicatiOn fred therewith. Sworn to before me this ........... ~.. -~. ........ day of ..................... , 19 ~ NOTARY PUSLI State of New York (Signature of applicant) Term Expires March 30. O O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~:~ 7 TO THE ZON,~,~~EA'S. TOWN OF SO~T~O'D, N. Y. ~, (We).~)~.~.~.~. ........ C2.~..~./.~ ................ of ..../.~ ........................................................... Name of Appellor~t Street and Number ............. ~..~..~. ~ .~.~..~ ................ /I~ / ~ ~ ......................... . ................ ~r. ......... H EBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ......... ........................... ............... ..,..,/...r...-./....,..?. ............. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..................................................................... ~.......~..~...~!/~... Street Use District on Zoning Map ............ ................ Map No. Lot No. - (~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, ~ub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith ~or ~ 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. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (~has not) been mode with respect to this decision of the Building Inspector or with respect to this property, Such appeal wos ( ) request for a special permit ( ) request for o variance and was mode in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ~ A Variance to the Zoning Ordinance ( ) is requested for the reason that F~rm Z~I (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because vicinity of this property and in this use 'district because The hardship .c~eated..is U~IQUE an~ is not shared by oil proPerties alike in the immediate 3. The Varionce would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE'OF NE~ YORK..,,) COUNTY O~I ss Ho. ~-~12~, Suffolll ~,¢ Term E~ir~ I~arch $0, lg~ (o) In' order to answer tile questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other ~nvestzgatzon ~lill be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Farm is necessary. (c) If all questions have been ons~./ered No it is likely that this project is not significant. . '' Environmental Assessment .. (dj ~. Will project resu'lt"in a large physical change to the project site ar physically alter more than 10 acres ofI land? ........................ Yes /No 2. Will there'be a major change to any unlque or //NO -unusual land form found on the site? .......... Yes, 3. Will project alter or hove a large' effect on existing body of water? ....................... 4. %'1ill project have a potentially large impact Yes /'No on groundwater quality? ....................... ~ 5. ¥~ill project significantly effect dro%nage flow on adjacent sites? ....................... ,' .. 6. %?ill project affect any threatened or &/No endangered plant or animal species? ........... .. Yes 7. ¥;ill project result in o major adverse effeb~ ~'~N on air quality? .............. · ................. . Yes o 8. %'1ill project have a major effect on visual character of the community or scenic views or. vistas known to:be important to the community? 'Yes /No ~. Will project adversely impact any site or .' structure o~ historic, prehistoric or paleontological importance or any site designated as o critical environmental oreo o local agenc ........................ " Yes o 10. Will project hove o major e~fect on exis~ihg or future recreational opportunities? ......... Yes /No 11. %~ill project result in.major traffic problems o~ cause a major e~fect to ex-isting /~ - transportat~ n systems? ................. 12. %?ill project .regularly cause objectionable odors, noise,' glare, vibration, or electrical disturbance os a result of the project's ~" operation? ..................................... Yes No 13. %Viii'project hove any impact on public health f ~¥? Yes o 14. %?ill p~oject effect the existing community by directly causing a growth in permanent population of more than 5 percent over a one year period or hove o major negative e~fect on tile charoYt'er of the community or neighborhood? ................................. Yes No 15. ]s there public controversy concerning the reject? ...................................... Yes No PREPARER'S SIGNAIURE (Today's Date) To: Southold Town Board of Appeals Re: Main Road Southold, NY 11971 Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately __ feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. [ ] 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.] Sincere~ . 0 0 Southold Town Board Of Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. Tr'~,q'; T'JTI '.', L L ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki Pursuant TYPE II ACTION DESIGNATION NOTICE OF NO SIGNIFICANT EFFECT UPON THE ENVIRONMENT to Section 617.13 of the New York State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conser- vation Law, and Section 44-4 of the Southold Town Code, the South- old Town Board of Appeals has determined the following-described project is classified as a Type II Action, not having significant adverse effects upon the environment. Pursuant to Section 617.5(a) of the New York State Environmental Quality Review Act, no further determination or procedure is required herein. This declaration should not be considered a determination made for any other depart- ment or agency which may also be involved or any other project not covered by the within application. AppliCant has submitted an environmental form which indicates that no adverse effects the environment. assessment in the short were likely to occur to Ap..p.l..ic.ant's Name: DAVID & CARMEN OLENICK. Appeal No. 2762. Description of Project: 4255 South Harbor Lane, Southold. Propose to construct fence in the frontyard area exceeding height limitations. 1000-87-1-1. Date and Place of Public Hearing: 12/4/80 at 7:35 p.m. at the Southold .Town Hall; Main Road, Southold, New York. Documents on File: Appeal Application, Notice to adjoining prop- erty owners with mail receipts, Surveys or Sketches of the proposed project, Notice of Disapproval from the Building Inspector, Notice of Hearing, Environmental Assessment in the short form, photocopy of the County Tax Map showi'ng this property and the surrounding area, and other documents as may be required. Person to Contact for, Additional Information: Linda Kowalski, Secretary to the Board of Appeals, Town Hall, Main Road, Southold, New York 11971. Telephone (516) 765-1809, or 1802 (Building Inspector). Dated: November 20, 1980. Copies to: Applicant or his agent. Town Clerk's Bulletin Board. Supervisor, Town of Southold. ~UDITH T. TERRY - TOW~ CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 November 12, 1980 TELEPHONE (516) 765-1801 To: From: Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2762 application of Carmen & David Olenick for a variance. Also included are notification to adjoining property owners as follows: Doug Jacobs, Southold, New York 11971; Stanley Vandehevel, 300 Hollow Tree Ridge, Darien, Conn.,~)6820. Judith Town Clerk JTT/bn Enclosures BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE to the Board of Appeals of the Town of Southold : YOU ARE HEREBY GIVEN NOTICE: 1. ThaJ,~-~ 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 Petition is located adiacent to your property and is des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such .Petition, the undersigned will reguest the following relief: .5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: 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. 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 Southoid 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: /////O . / ~ petit Post Office Address NAME PROOF OF MAILING OF NOTICE ADDRESS P19 029859 RE9~IPT FOR CERTIFIED MAIL /NO NSURANCE COVERAGE PROVIOEO-- '*NOT FOR INTERHAT ONAL MAIL (See Reverse) SENT TO P.O, STATE AND Z~P CO CERTIFIED FEE D~LIVERY P19 9860 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) i~/~,~//V'' i/L~ //~'1 '7 , bein~ duly sWorn, deposes and says that on the __ day of ., 19 , 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 (certified) (registered) mail. Sworn,tet~ore me t,~is ? ~ , dayj~,f J /,e-~.~4~ , 19 _.,:~.~' Notary Public ELIZABET~I ANN NEVILLE / NOTARY PUBLIC, State of New Yodl No. 52.8125850, Suffolk Term Expires March 30, ; that said Notices were mailed to each of said persons by MATCH ~ 8 27 18 I? 4-/ A (C) SOUTHOLD PARK DISTRICT Z6 · 2 A (c] ~