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HomeMy WebLinkAbout2632 Legal Notice of Hearings November 15, 1979 9:10 P.M. (E.S.T.) Upon application of Fishers Island ~velopment Co., Fishers Island, New York for a Special Excep- tion to the Zoning Ordinance, Article III, Section 100-30 for permission to construct multiple dwelling with three units Go house personnel. Location of property: Fishers Island, near Fishers Island Country Club, New York; more particularly known as part of Suffolk County Tax Map ~1000-001-01-02 and part of County Tax Map ~1000-001-01-3.1. 9:25 P.M. (E.S.T.) Upon application of Corp., 163A Montauk Highway West, Variance to the Zoning ordinance, for permission to change use Zone. Location of property: bounded north by Mattituck Holding Co., south by Maston, by Main Road, west by Long Island Railroad. 9:40 P.M. (E.S.T.) Jacobs, Gillette Drive, the Zoning Ordinance, Article III, Section 100-31 to construct addition with insufficient sideyard. Gwynneconstruction ~ampton Bays, New York for a Article VII, Section 100-70 to include residential use in B-1 6355 Main Road, Laurel, New York; east Upon application of Vernon and Sally East Marion, New York, for a Variance to property: 1165 East Gillette Drive, East Marion, bounded north by Manor Grove Corp., south by Schmidt, for permission Location of New York; east by Cedar Lane, west by East Gillette Drive. 9:55 P.M. (E.S.T.) Upon application of Lim-Con Enterprises, 1455 Veterans Memorial Highway, Hauppauge, New York for a Specla2 Exception to the zoning Ordinance, Article VI, Section 100-60 for permission to construct sign exceeding height limitations. Location of property: Main Road & Factory Avenue, Mattituck, New York; bounded north and east by Bethany Cemetery Association, south by Main Road, west by Factory Avenu~ and Ardprop, Inc. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS p~ease publi~ once November 8, 1979 and forward affi- davits of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971 before November 15, 1979. LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Town Law, Sec- tion 267 and Provisions of the Amended Building Zone Or- dinance of Southold Town, New York, public hearings will be held by the Zoning Board of Appeals, Town Hall, Main Read, Southold, New York, on Thursday, November 15, 1979 on the following: 8:06 P.M. (E.S.T.) Upon application of Mattituck Hold- ing Co., Mill Read, Mattituck, New York for a Special Ex- ception to the Zoning Ordin- ance, Article VIII, Section 100-80(b) (15) for permission to construct a boat storage shed. Location of property: West Mill Rood, Mattituck, New York; bounded north by Holmes & Killian, south by Foudy, Ziegler & McGunnigle, west by Leo Grande and Inlet Lodge Inc., east by Mattituck Creek. 8:10 P.M. (E.S.T.) Upon applicationof Kiwanis Club of Southold, Box 150, Peconic, New York, for a Special Ex- ception to the Zoning Ordin- ance, Article III, Section 100- 30(b)(4) for pormlssina to place building for charity use in a residential district. Loca- tion of property: Route 25 and Lower Read, Southold, New York; bounded north by Lower Rbad, south and west by Route 25, east by Goldsmith. 8:35 P.M. (E.S.T.) Upon application of Eileen M. Leto- beck, 447 Greene Avenue, Say- ville, New York for a Variance to the Zoning Ordinance, Art- icel III, Section 100-31 for permission to construct dwel- ling with insufficient front and rearyard setbacks. Location of property: Deerfoot Path, Cutehogue, New York; bound- ed north by Fitzpatrick, east by Deerfoot Path, south by Jester, west by Leskody. 8:45 P.M. (E.S.T.) Upon application of Janet Halver- son, c/o A. Tyrrell, Box 14, Orient, New York for a Var- iance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct dwel- ling with insufficient side- yards. Location of property: Founders Path, Southold, filed map //834, lot //67; bounded north by Diana, south by Ternpel, east by Shanks, west by Founders Path. 9:00 P.M. (E.S.T.) Upon application of Delmer Nuhfer, Cedar Drive, Southold, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to divide property with insuf- ficient area and width. Leca- tion of property: 600 Cedar Drive, Southold, New York; bounded north by Boggiano, south by Bloore & Thilberg, east by Summer Lane, west by Cedar Avenue. 9:10 P.M. ( S~..)_~0. ~pplic~tl~ of'Fis~ Islaod 5~e~elopmefit-C~. Fiche-rs Is- land; Nrev~ York ~or a Special ExcePtion to the Z~ning Ordin- ance, Article III, Section 100- 30 for permission to construct multiple dwelling with three units to house personnel. Lo- cation of property: Fishers ilsland, near Fishers Island Country Club, New York; more particularly known as ~art of Suffolk County Tax Map//1000-001-01-02 and part of 2ounty Tax Map//1000-001-01- 9:25 P.M. (E.S.T.) Upon application of Gwynne Con- struction Corp., 163A Montank Highway West, Hampton Bays, New York for a Vari- ance to the Zoning Ordinance, Article VII, Section 100-70 for permission to change use to include residential use in B-1 Zone. Location of property: 6355 Main Road, Laurel, New York; bounded north by Mat-. tituck Holding Co., south by Maston, east by Main Read, west by Long Island Railroad. 9:40 P.M. (ES.TO Upon application of Vernon and Sal- ly Jacobs, Gillette Drive, East Marion, New York, for a Variance to the Zoning Ordin- ance, Article III, Section 100- 31 for permission to construct addition insufficient side- yard. Lc~ ~on of property: 1165 East Gillette Drive, East Marion, New York; bounded north by Manor Grove Corp., south by Schmidt, east by Cedar Lane, west by East Gillette Drive. 9:55 P.M. (E.S.T.) Upon application of Lira-Con Enter- ITY OF SUFFOLK, prises, 1455 Veterans Memor- ~' ss: iai Highway, Hauppauge, New ~ OF NEW YORK, York for a Special Exception to the Zoning Ordinance, Art- JO AN ~UST ~.~.r$O~'~ icle VI, Section 100~o0 for ................................. I~ing duly Sworn, permission to construct sign exceeding height limitations. :hat .S~JE .. · is Printer and Publisher of the SUFFOLK Location of property: Main .. Read & Factory Avenue, Mat- ~.Y TIMES, a newspaper published tit Greenport, in said tituck, New York; bounded north and east by Bethany g: and that the notice, of which the annexed is ti printed Cemetery Association, south by Main Read, west by Fac- has been published in the ~aid Suffolk Weekly Times tory Avenue and Ardprep, Inc. BYORDEROF n each week, tot ..... .0~ .................. weeks THE SOUTHOLD e i gh th TOWNBOARD ~sively commencing on the .......................... 1TN8-3322 OFAPPEALS [ !'!.?.V??.b. ?.P. .......... 19. Sworn to before me this ...~.. ...... ........ · ........ ..... - ....... LEGAL NOTICE Notice of Hearings Pursuant to Town Law, Section 267 and Provisions of the Amended Zoning Ordin- ance of Southold Town, New York, public hearings will be held by the Zoning Board of Appeals, Town Hall, Main Road, Southold, New York, on Thursday, November 15, 1979 on the following: 8:35 P.M. (E.S.T.) Upon application of Eileen M. Leto- beck, 447 Greene Avenue, Sayville, New York for a Variance to the Zoning Ordin. ance, Article III, Section 100- 31 f~r permission to construct dwelling with insufficient front and rearyard setbacks. Loca- tion of property: Deerfoot Path, Cutchogue, New York; bounded north by Fitzpatrick, ~ast by Deerfoot Path, south by Jester, west by Leskody. 8:45 P.M. (E.S.T.) Upon application of Janet Halver- son, c/o A. Tyrrell, Box 14, Orient, New York for a Vari- ance to the Zoning Ordin. ance, Article III, Section 100- 31 for permission to construct dwelling with insufficient side- yards. Location of property: Founders Path, Southold, filed map #834, lot #67; bounded north by Diana, south by Tempel, east by Shanks, west by Founders Path. 9:00 P.M. (E.S.T.) Upon application of Delmer Nuhfer, Cedar Drive, Southold, New York for a Variance to the Zoning Ordinance, Ariicle m, Section 10o.31 for permission to divide property with in- sufficient area and width. Location of property: 600 Cedar Drive, Southold, New York; bounded north by Bog- giano, south by Bloore & Thilberg, east by Summer Lane, west by Cedar Avenue. 9:10 P.M. (E.S.T.) Upon b~el0pm~i~~: land, New York for a Special 'F-~X ~'l~i~0fi-ib the Zonm'g Oram~- ance, Article Ill, Section 100- 30 for permission to construct multiple dwelling ~h three units to house personnel Location of property: Fishers Island, near Fishers Island Country Club, New York; more particularly known as part of Suffolk County Tax Map #1000 -001-01.02 and part of County Tax Map #1000-001-01-3.1. 9:25 P.M. (E.S.T.) Upon COOtNTY Of: SUFFOLK STAT~ OF Nl_m~ YORK 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, has been published in said Long Island Traveler-Watch- man once each week for ............. J. ......................... weeks ~uccessiveJy, commencing on lane . Sworn to before rr~ this ......... ~ .......... day o, ........... TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Dote ........................................................ To ..~(S..~.~T.~...E. ......... ~-~...~..~. ......... ~.yE LO ~' ~ UT ~ ~,, ............. ~/.~.....~;.~ ....... ~¢~;~ ....... ~ ............... PLEASE TAKE NOTICE that your al~plicat?n x~'qted .......... ~. ....................... .~..~..Z. ....... , 19..'~...~.. for permit to construct ........................................p ' · ................................... ..~..D..~.~.. ....... ...~....~.../~,. ,~,. ~.. ............................. Street /~'/~/'/~-9'~ ~-~'Z ~/~/-~ - Map .................................... Block ............................................ Lot ................................................ is returned herewith and disapproved on the follow;ng grounds ......... ...~.....~............~..~....~ ...... ...~......~: ....... z~. ......... ~.:.....~.....~.~ .............. · ...~~ ....... ~ ....... ~ ......... ~.~ ....... ~~:..~.~.,,: ...... ~ .... ...... .......... ......... Building Inspector TOWN OF $OUTHOLD, NEW YORK 0 APPLICATION FOR SPECIAL EXCEPTION APPLICATION NO. c~ ~' ~'~ ~ TO TF.E ZONING BOARD OF APPEALS, SOUTHOLD, N. ¥. Name Street and Number ............................. ~..o...~.0~.~.. ................................................................................. ~.e~..~o~,~_ ..................... Municipality State hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE ~ SECTION ~ ~)/~ ' ~ O s~s~ioN ~. ~ + 0/5 THE SPECIAL EXCEPTION IS REQUESTED BECAUSE STATE OF-~ ) COUNTY OF S~r,~,o t,~ ....... ~. .................. ,~,~ o, ...~~..., i,.~.z. ....... Notary Public FORM ZB2 LUPOW, GRAFSTEIN & FRANKFORT To Service of a copy of the within Dated, is hereby zdmi~ted. Attorney(s) for Sire-piease take notice that the with~.. ~ a (c~rtifi~l) true copy of a .-" duly ent~ed in ~he office of ~he clerk of ~e within named c~ur~ on that an order setdement to the HON. of the within nnmed court, at On Dated, To A~orne 19 at RECEIVED AND FILED BYL TI~ SOUI~ilOLD TOWN CT.~ 19 of which ~he with~ is a true copy will be presented for one of ~he iudsez Yours, Cl:C. IPOW, GRAFSTEIN & FRANKFORT Olyi~ a~d Po~ OHic~ ~ldr~u 67 Harm~ Road COMMACI~ NEW YORIi[ 117~ At a Special Term, Part I.of the} Supreme Court held in and the County of Suffolk a~%h~ courthouse thereof Grilling Avenue, New York on the ~ December, 1979. , Justice. HELEN G. BRYCE, Petitioner, -against- ROBERT W. GILLISPIE, CHARLES GRIGONIS, TERRY TUTHILL, SERGE DOYEN and ROBERT DOUGLASS, as MEmbers of the Zoning Board of Appeals of the TOWN OF SOUTEOLD, and FISHERS ISLAND DEVELOPMENT CORPORATION, Respondents. For a judgment pursuant to Article 78 of the Civil Practice Laws and Rules to review, revise, amend, annul and set aside the special exception Appeal 92632 granting a building permit underTown of Southold Zoning Board of Appeals to construct a Labor Camp, ORDER TO SH~ CAUSE Upon reading the petition of HELEN G. BRYCE, duly verified the ~day of Dec~T~er, 1979 and the affidavit ~'~ of STEPHEN LUPOW, sworn to the 3rd day of December, 1979~~ .e. all in support of the Petition, the decision of the Board"of Appeals of the Town of Southold filed with the said To%m Clerk on or about November 26, 1979 and upon all proceedings here- tofore had herein, LET the Respondents or their attorneys show cause at a Special Term, Part I of this Court to be held in and for the- County of Suffolk, at the courthouse thereof at Griffing Avenue~ Riverhead, New York on the ~ day of December, 1979 at 9..30- o'clock in the forenoon of that day or as soon thereafter'-3as counsel can be heard, why an order should not be made herein pursuant to Article 78 of the Civil Practice Laws and Rules, and pursuant to 267 of the Town Law, reviewing the decision of the Board of Appeals of the Town of Southold and annulling the granting of a special exception to Respondent, Fishers Island Development Corporation of Town of Southold Zoning Ordinance, LocalLaws Chapter 100-30(6) and (8), and for such other and further relief as to the court may seem just and equitable, and it is further ORDERED, that the said Respondents show cause why an order should not be made restraining the said Fishers Island Development Corporation, its contractors, agents, servants and employees, from continuing with the construction of a multiple dwelling Labor Camp on the premises referred to herein, ~ntil~ determination of this proceeding, and sufficient reason therefor, it is further ORDERED that pending the hearing a~d this petition,' Respondent Fishers Island Development Corporation shall be and hereby is restrain~d from continuing with the © O construction of the multiple dwelling Labor Camp on the premises referred to herein, and it is further ' ORDERED that a copy of this Order to Show Cause Petition along with the supporting papers annexed thereto be. made on ROBERT DOUGLASS, Chairman of the Zoning Board of Appeals or by service on the Clerk of the Town of Southold Zoning Board of Appeals by personal service, and upon Fishers Island Develop- ment Corporation by service upon any officer, direc~or, managing or general agent or any o.th.~r agent authorized to receive set- · ~ v~ce, on or before the I~ day of December, 1979 be deemed good and sufficient service, and it is further ORDERED, that the said Southold Zoning BOard of Appeals and Fishers Island Development Corporation shall make its answer and return hereto, and file with Petitioner's attorney on or before the ~7~ay of Dec~mber, 1979. Dated: ~om~ac~k, Pew ~ork ~~/t~979. SUPRF/%E COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK HELEN G. BRYCE, Petitioner, ~against- ROBERT W. GILLISPIE, CHARLES GRIGONIS, TERRY TUTHILL, SERGE DOYEN and ROBERT DOUGh%SS, as Members of the Zoning Board of Appeals of the TOWN OF SOUTHOLD, and FIS~RS ISLAND DEVELOP- MENT CORPORATION, Respondents.. For a judgment pursuant to Article 78 of the Civil Practice Laws and Rules to review, revise, amend, annul and set aside the special exception Appeal 42632 granting a building permit under To~ of Southold Zoning Board of Appeals to constr~ct a Labor Camp. PETITION TO THE SUPP~F~ COURT OF THE STATE OF NED; YORK: Petitioner in this proceeding under Article ?B of the Civil Practice Laws and Rules, seeks review of the deter- mination of the Respondents, ZONING BOARD OF APPEALS and a temporary restraining order, respectfully shows to this Court~ (1) At all times hereinafter mentioned, Petit~oner~ ~ELEN G. BRYCE, is owner in fee of premises hereinafter described-~!~ ~hich she jointly held w~th her husband, T. JERROLD BRYCE,~and upon his death became sole owner. NANCY BRYCE KELSEY is her daughter and acts under a power of attorney in behalf of her © O mother who is in a nursing home. (2) That the premises hereinabove referred to,. ia located on the island of Fishers Island, Town of Southold, · ,... County of Suffolk, State of New York, and consists of the second?~ oldest home on Fishers Island, built in about 1670, and imately 3.72 acres of land, all having an approximate evaluation of $214,000. (3) That Respondents, ROBERT W. GILLISPIE, '.:~tARLES GRIGONIS, TERRY TUTHILL, SERGE DOYEN and ROBERT DOUGL%S, were for some time prior to November 26, 1979, and still continue to be, members of the Zoning Board of Appeals who jointly, during this period have constitued and do now constitute the Zoning Board of Appeals of the Town of Southold, County of Suffolk, State of New York existing pursuant to Chapter 100 of the Local Laws of the Code of the Town of Sou~hold. (4) That upon information and belief, fishers Island Development Corporatio n ("FIDCO") is a domestic corpora- tion organized and existing under and by virtue of the laws of the State of New'~York, and which as its sole business owns 180 acres on Fishers Island and maintains there a private country club and golf course for the exclusive use of it~- (5) Petitioner's 3.72 acres adjoins a small portion of the FIDCO golf course. oroximately 120 ifoundation line. (6) That on or about November 15, 1979 the Respondent Zoning Board of Appeals held a hearing and heard Appeal #2632 which was an application made by Respondent FIDCO. This sought a special exception to construct a Labor Camp pursuant Southold Code Zoning Law Section 100-30(6) and (8),which was to be constructed as a multiple dwelling to house three families of migrant workers who would be brought up during the golfing season by FIDCO to maintain and work upon the golf course. The location of the proposed site is in a residentially zoned area. A copy of the applicable statute is annexed as EXHIBIT "A". (7) That at the aforesaid time and place, the Respon- dent Zoning Board of Appeals orally granted the special, exception to FIDCO to build the aforesaid Labor Camp. ~'~. copy of the formal decision dated and filed November 26, 1979 is annexed hereto and made a part hereof as EXHIBIT "B". The decision was served along with an annulment of a prior stop order which is annexed as EXHIBIT "C". (8) That as appears from the decision (EXHIBIT "B") there was a failure by the Board to make any findings of concerning the grounds and reasons given for granting of the special exception. The conclusions stated therein are clearly insufficient. (See Gilbert v. Stevens, 135 NYS 2d 257) (9) That Petitioner's property adjoins the proposed location of this multiple family dwelling. The Labor Camp is feet from the foundation line to Petitioner'2-~ However, upon information and belief~ .~it is - 3 cnly approximately 40 feet from the front entrance boundary line of the Petitioner':~ property to the foundation of the multiple ~elling labor camp. (10) That it should further be noted that the petitioner~is~no__~a me~be~ of FIDCO Golf Club and that owns several hundreds of acres where it maintains its golf course, golf club and other housing already constructed but not in use known' as Camp Tabor. It has many other locations that it could choose from to place this labor camp rather than placing it next to Petitioner's property. (11) That the location that the labor camp is propose~ at is clearly out of character with the surrounding residential area. The only undue hardship that FIDCO orally stated to the Board it was undergoing was that the migrant workers have, over the past several years, lived near town which is about 5 miles from where the landscaping equipment was stored in a barn and that they have to be driven to work daily. (12) The town where the migrant~workers now live is where all shopping and entertainment is located. (13) That furthermore, it should be noted tha~ p~ior to the hearing of November 15, 1979, a prior application.Was ~ granted to FIDCO for a special exception but advertised and placed the proposed site under separate Appeal No. 2544, approx- petltlon~r -~ residence. During ~he imately 500-~00 feet from ' ' ~ - 4 - i~ course of that hearing, a building permit was granted, but ~lthout' notice authorized a change of location of the building.~ ~ J'i site to its present location and close proximity to petltloner's.a~.'" premises. (14) That FIDCO, based on the earlier building perh :~,~ mit issued for an illegal and wrong location, started excavation and put in a foundation for the Labor Camp near the Petitioner's premises. (15) That a stop order was issued by the To~ of Southold, stopping all construction at this location, a copy of which is annexed as E~qIBIT "Dr and the new hearing was granted under new Appeal No. 2632 to hear objections to this new site. (16) That Petitioner. furthermore respectfully request a restraining order restraining the respondent FIDCO from doing any further work on the Labor Camp multiple family dwelling until the decision by the Zoning Board of Appeals has been reviewed by this court and determination of the propriety of the decision is made. (17) That as clearly appears from EXHIBIT "A", the decision of the Zoning Board, there is no findings of facts therein and on its face it is an illegal decision. The stop order previously issued (EXHIBIT "-:") was revoked on November 26, 1979 (EXHIBIT "C:'~ which revocation states- "The work under Building Permit 10367Z may be resame~." (18) T~hmt if additional work is done at the location - 5 - ~ow authorized by the Respondent Town of Southold, it would then be anticipated that the Respondent FIDCO would subsequently~i!~ argue that they have a further vested interest and acted in reliance on the Town of Southold's action whlle they have additional construction work. ~ ~ (19) No irreparable injury would be done to Respondent FIDCO by maintaining the status quo while substantial irreparable injury would be done to Petitioners if work were to be resumed in the clear face of an illegal decision by the Southold To~n Board of Appeals. (20) No prior application for this relief has been requested. %~HEREFORE, Petitioner,prays that'an Order for the following relief be granted: (1) an order revoking, annulling and setting aside the decision of the Southold Zoning Board of Appeals dated November 26, 1979; and (2) an order temporarily restraining and enjoining the Respondent FISHERS ISLAND DEVELOPMENT CORPORATION changing the status quo by doing any further acts leading to the construction of the multiple fancily dwelling under Appeal No. 2632 authorizing building permit #10367Z until the determination of the Southold Zoning Board of Appeals can be reviewed; and from (3) any and ali_ further relief as to this Court may - 6 - seem just and proper, all together with costs and disbursements of this action. STATE OF NEW YORK) ) COUNTY OF SUFFOLK) sS.: · BY: ~. , ~"~ NANCY BRYCE KELSgY, At t'.orney-in-Fact On the day of December, 1979, before me personally ca~e to me known to be the individual ~escribed in and who executed the foregoing instrument, and acknowledged that executed the same. Notary Public JU~RE~f~ COURT OF THE STATE OF ~EW YORK COUNTY O~ SUFFOLK Petitioner, -against- ROBERT W. GILLISPIE, CHARLES ~RIGONIS, TE~t~Y TUTHILL, SERG~ DOYF2! and ROBERT DOUGLASS, as Members of the Zoning Board of Appeals Of the TO%~{ OF SOUTHOLD, and FISH~P~ ISLAND DBV~LOP~NT CORPORATION, Respondents. For a Judgment pursuant to Article 78 of the Civil Practioe Laws and Rules to review, revise, amen~, annul and set as~e the special e~ception Appeal #2632 granting a building permit under Town of $outheld Zoning ~oard of Appeals to construct a Labor Camp. S~ATE OP NEW ¥O~K) C~U~ITY OF SUFFOLK) ss.: STEPHEN LUPOW, being duly sworn, deposes and says= (1] I am an attorney admitted to practice law in the State of New York. I am the attorney for the petitioner the To~n of Southo!d zoning ~oard of Appeals which granted Corporation' for th~ purpose of ~lacing a Labor C~p-?'~=tfple~ family dwelling in olose proximity to petitionsr's residence. © O (2) ~'~ :nat I app~,ared at ~he hearing in oppositio~ to t~.~. ~.pplication, Also testifying at the hearing %~a~ ~;~CY LR ........ ~S~, the attorney-.~n-~,ct for in a nursin~ h~. The attorney fcr FIDCO %~as Richard Lar~ (nd toatifs'ing on behalf cf glDCO wa~ a Hr. ..~ (3) ~o testimony was elicit~ on ~half of FI~O as to what undue hardship ~aere would be for the construction of a Labor Camp to house migrant workers ~ho atten~ the golf course. Th~ only ~hing that wa~ ~tat~d was that FI~O had already partially constructed the fo'undation for the premises that are currently in dispute and that curruntly the workers are transporteO from their present quoters =o work. (4) Tha~ the decision of th~ Board which authoriz~ the qranting of a ~pecial exception had no foundation ~n fact and was arbitrary and capricious. ?here was no fin~n_~, of fa~t~ by tho (5) That it a~,peare to your da~nent that the only reason the Board 9ranted this ~pecial exception was because ~,ey previously granted the sp-ecial exception f~ a wrong location and FI~O ztarte8 construction of the multiple in accordnnce with the illegal action taken by the Boardl (6} Th~ ~oard issued a stop order upon your discovery of the failure to properly ~]rant a © . O ~or the correct location. No %?ork had been done on the upon information and belief, up to Nove~er 26, ~979 ~fter stop order was issued. On lqovem~er 26 1979 an ordor ~e prior sto~ order alon~ with the decision of ~e filed and se~ed on all parties coac~rned. (7) That to allow oo;%struction of the multiple d~elling would change the status ,~o of all parties concerned. It is clear that the dect~Dn of the Board vas without any findin~ of fact and is patently illegal. (~) I have ordered the hearing transcript but have not received it y~%t. By the return date o.~ the motion it will ,, I~.~,~, from taking a~ny further a restrai~ing order restraining ~ n~ actions toward~ the construction of this Labor d~elling pending the revie~ by this .,o~ora..~l~ Court to deter- mine Whether the appeal No, 2632 ooncerning Buildin(; Bermit No. 10367M be in all respects annulled. Sworn to before me this 3rd day of December, 1979. ,~T~.~, - ~ ,~ ',. ~P'~2,T~.~g;j.~vlg~j gULIP-'. · ?'" ~ "~' ~ 1~-~ ~. :~ .'. · ' ',; ' - *. ' ?. ~ ~.~1~ ..... ..... ~ ,. ....~ g g .~d o~er rela~' '~ ~ ~'~ '~:.. al' Anvsuchschoolsh~occupya lotw~ ~'; ~; s~}ures,~Pmvided'.that, such buddings s~ "-.{~: ' ' ~[ "' no[less th~ five 15} a~. plus one~ :.... _ .., .,.-,,e y~d ~ents for p~c~p~, .,.." ~ch twenty-five 125} pupils for .~31. B~g~ngs,~s~c~r~ and us~ o~ or onerat~ a~ .... ,-i' ~ m,.,~.~' ~i~--thro~ic eleemosvn~ ~ ~e To~ of SouthoM, ~ .~ --;~., ' ~ ...... ;' institutions, .-hospitals, nursing and 'uses permitt~"by sp~ial ~ee tie b s~imria~for general m~ical c~e, b~ :. , P n y the Board of app~ls. The fo]owing ,uses are pe~it~ as a special ' exception by the Board of Appeals, as hereinafter .provided, and subject to site plan approval by the Planning Board in accordance w, ith Article XIII hereof: ,~' - ,. !-(1) ?w°'family dwellings, conversion o} exlsting buildings and~new constrnction,_not to exceed one (1) such dwelling on ~ach'lot. (2) Plaees of worship, including parish houses (but ex- cluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), subject to the following requirements: {a) N° building or par. t thereof shall be erected nearer than fifty {50) feet to any street line and nearer than twenty (20) feet to any lot line. (b) The total area covered by all principal and ac- cessory buildings shall not exceed twenty percent {20%) of the area of the lot. (3} Private schools, colleges and other educational in- stitutions, subject te the following requirements: (a) No building shall be less than fifty (50) feet from any street or lot line. (b) The total area occupied by all principal and ac- eessory' buildings'shall not exceed twenty percent (20%) of the area .of the lot. (c) Any suc~ school shall be a nonprofit organization · within the r~eaning of the Internal Revenue Act and shall be registered effectively thereunder as such. · facilities for the treatment of all types diction, subject to the following require la} No building or part thereof or anl loading area shall be located within Il00) feet of any street line nor wit feet of any lot line. (b) The total area covered by principal buildings shall not exceed twenty of the area of the lot. Icl The maximum height shall be thirt: or two and one-half 12~/2l stories. Idl The entire lot, except areas occupiec or parking or loading areas, shal landscaped and properly malntain~ (e) Sufficient exterior illumination of t~ required to provide convenience a: such illumination shall be shielded of all surrounding streets and lot.' (f} Any nursing home, hospital or sa: meet the following standards: [11 Ail buildings shall be of fire struction. [21 All such uses shall be servec water and sewer systems ap'. Suffolk County Department , [31 Patients suffering from ¢ diseases shall not be pern nursing home or sanitarium 10020 ?.~.?~ ~, ,~ 10021 O § lO0-30 SOU~HOLD CODE § 100-30 -, diseases are defined by the Sanitary Code of 'the' Public Health Council of the State of New York. [4] Eight thousand (8,000) square feet of lot area shall be provided for each patient bed. (5) Public utility rights-of-wsy as well as structures and other installations necessary to serve areas within the town, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. {6) Fraternity houses, golf courses and annual mem- bership dubs catering.exclusively to members and their guests, or other reCreational facilities open to the public, and accessory playgrounds, beaches, swim- ming pools, tennis courts and recreational buildings, subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street, line nor within fifty (50) feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. {c) Such use shall not be conducted for profit as a business enterprise. {d} No such use shall occupy a lot with an area of less than three {3} acres. {e) The direct source of all exterior lighting shall be shielded from the view of surrounding residential' lots. (7) Children's recreation camps organized primarily for seasonal use, subject to the following requirements: (a) No building, tent, activity area or recreation facility shall be less than two hundred ~200} feet § 100-30 ZONING from any lot line, and any such buildin~ activity area or recreation facility shall be ef- fectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping, quarters shall be not less than thirty (30) feet from each other, except tents, which shall be not less than ten (10) feet apart. ih} The minimum lot area shall be not less than ten thousand (10,000) square feet for each cottage, tent or other principal building, and not less than three thousand (3,000) square feet of land area shall be provided for each person accommodated in the buildings or tents on the premises. lc) All outdoor lighting shall be arranged and/or shielded to eliminate the glare of lights toward nearby residential lots, streets or other public facilities. {d) The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. Iai Labor camps, farm and nonfarm, subject to the following requirements: ' (a) All farm labor camps on farms shall be con- structed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Board of Appeals. (9) Boat docking facilities for the docking, mooring or accommodation of noncommercial boats, subject to the following requirements:7 (a) There shail be docking or mooring facilities for no more than two {2) boats other than those owned and used by the owner of the premises for his personal use. 10023 10022 ' ' ...... : ........... ~te~'i~ve~ati6~-~nd i~spech~n the Board finds that th~ '" ," applicant wishes to ~onstruct a building with three un%ts to.house ,.- golf course, personnel during the g~l~ season, for which the Board had previously received a 'similar ~pplication and granted permis- sig~ fo~..~he' construction :'pi same on ~he parcel a~ herein applled.~ .. ,.. .~ . ~icatlonlof:Appeal' ... · - .~-'~ but d~fferent.as orlg'~nally placed in xts apP '~'. No..'2544..~ow~ver, the Board. does agree with the reasonx~g of ~he:--'{. ; applicant', and-the reason'for this new a~pllcatlon is'to give--edT joini~g'prope~y owners'an.opportunity to.be heardon'an applicAt~o~ for the ~r~l'Dpo~ which lt..'ls to he. dec%ded uPOgr ." ',' · '"' :'T~ B°~d finds"'tha~' stri~k"appiicatlo~:of: ehe ordinance Would '/' .~rOduce practical diffiCUlties'or unnedesSary ha~dshiP;'-the hard- -. ;* ship'created is unique and would'not be shared by'all properties' alike in the immediate vicinity of the property ~nd in-the sa~e use ' ~ .~ dlstr~C~;' an~ the SpeCial.Exception will not change the.charaCter - .:'~-..:'--' : the ne r co a w serve, the s le r :'-" ~':" ~as !" '. '" " - ' ........ · ~' ' .... .~'.'" :% i'" "-':' ' .... " - ': , ' '" "~ .,'.'.~' RESOLV~D~:. ~hat.'FISHERS ISLAND DEVELOPMENT CO.', .Fishers Island, '~.. !'"' .~-':?New' yOrkl 0639~, .be GRANTED a Special Exception tO the zqning.0rdi- .:'.' n~nce; Arti~le-iII'~ Section 100-30 for permission to construc.~... .....:: multiple d~$elling with three Units to house personnel, SUBJ. ECT TO THg FOLLOWING CONDITIONS~' . .. ; . : ,~' ..',"~, ...'. ; ~::.. .'. :. '.. ' ... ...... . . . :': (1) 'Sifie.~Plan Approval from th~ '$outhold Td~n Planning' B.o. ard~ .. · -."".:? .: .. .,.., ,.,, , :... .'.. ...: ..-, ..:.: · :. ',:. (2 oa'~d .off 'Health Ap/3rova , ! " " '"': -'..-., -.:':'~.. ...'.:.'..]-::'i 'i.' '."..!.. '.' . ~; .. ' .... . . ... · .. . - ,.. F.' :',:' '': "'."(J) ' The n~wly' c~nstruct~d building' cannot· be sold.'or sep.ara~ed '-:" .fkom the 180-acres'of the golf course unless at least three :i'i: s'~rrOundlng.'the building 'is preserved. AnY. c. ha..~ge.'.of_ownership,or ." ~= use shall b~ a:eferr.e..d. {o the Board of Appeals mcr tneAr approvaL.' . .(4) This C~mp wi[i be'brought u.p. for consideration one year fro~ approval ;dat~ hereof to determine whether it £s being prop.,..-- · -erly contrOIl,~d and operated. : · - : ' · -. . · ' -.' '(5) That 'greens or screening he' provided on the north side. ' (6) That the dwelling shall not be occupied at any time by more than nine persons. Location of property: Fishers Island, New York, near the Fishers Island Country Club, more particularly known as part of County Tax Map No. 1000-001-01-02 and part of 1000-001-01-3.1. Vote of '~he Board: Ayes: ~,~essrs. Douglass., Grlgon~s, Tuthill and Doyen. -. 0 Exhibit C '~ 76.~180~ TOWN OF SOUTHOLD OFFICE OF BUILDENG INSPECTOR TOWN HALL SOUTHOLD, N. Y. 11971. November ~6, 1979 Mr. Jnmes V. Righter 1146 Chapel Street New Haven, Ct, 06511 Re: Stop-order on B.P.#40567Z Dear'Mr..Righter: The work under Building Permit 10367Z maybe resumed. The Zoning'Board of Appeals has approved the'app%al' No. 2632, to Fishers Island Development Co%, o/o Richard'F. Lark, Esq., granting a Special Exception subject to six conditions. Enclosed is an X'd copy of their action. The Planning Board had approved the site plan for this location on August 17, 1979. Very truly yours, GEORGE H. FISHER Sr. Building Inspector XC: Fishers Is. Development Co. c/o Richard Lark, Esq. Stephen Lupow, Esq. Planniug Board Zoning Board of Appeals enol. GHF/mw Exhibit D TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, N. Y. 11971 765-1802 October 1, 1979 Mr. flames V. Righter 1146 Chapel Street New Haven, Ct. 06511 Re: Stop Order on Building Permit No. I0367Z Dear Mr, Righter: You are to suspend all work being done under Building Permit No. 10367Z issued August 24, 1979, to Fishers Island Development Corporation on Fishers Island. Work may be resumed when the Zoning Board'ofAppesls and Plahning Board approves it. The present app0val is not on the parcel described in the legal notice. You will need to apply for a re-hearing. The Zoning Board of Appeals will notify you. also. Yours ~truly, GEORGE H. FISHER Sr. Building Inspector GHF/mw Fishers Island Develgpment Co. Stephen Lupow, Esq. ~ Planning Board Board of Appeals LuPow, GRAFSTEIN & FRANKFORT December 5, 1979 Southold Town Board of Appeals Southold, Long Island, New York 11971 Re: AppealS2632 Application of Fishers Island Development Corp. Attention: Ms. Linda F. Kowalski Dear Ms. Kowalski: Pursuant to our discussion, enclosed herewith please find our check in the amount of $3.25 for the official transcript of the minutes of the Hearing, with regard to the above captioned. Kindly expedite same. Thank you for your cooperation.// SL/JaJ / ST~ eno. LuPow, GRAFSTEIN ~ FRANKFORT November 27, 1979 Zoning Board of Appeals Towm of Southold Town Hall Main Road Southold, New York Re: Application #2632 Fishers Island Development Corp. Our Client: Estate of Bryce Gentlemen: We appeared in opposition to the above-captioned matter. We wish to order a transcript of the testimony as soon as possible. Kindly forward same to us. If there is a fee please advise us and we will immediately forward same. SL/wb Southold Town Board of Appeals SOUTHrlLD, L. I;, N. 'Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN, JR. TERRY TUTHILL ROBERT J- DOUGLASSt ac~t iTtg Chairman November 30, 1979 Stephen Lupow, Esq. Lupow, Grafstein & Frankfort 67 Harned Road Commack, N.Y. 11725 Re: Appeal 92632 Application of Fishers Island Development Corp. Dear Mr. Lupow: We are in receipt of your request of November 27, 1979 for copies of the transcript of testimonies regarding the above appeal. Please advise whether you wish official or unofficial copies-of.the'minutes. Official minutes will not be approved until the next meeting, December 6, 1979. Sincerely yours, Secretary TOWN OF SOUTHOLD OFFICE OF BUILDING INSPEC'I'OR TOWN HALL SOUTHOLD, N. Y. 11971 TEL. 765-1802 November 26, 1979 Mr. James V. Righter 1146 Chapel Street New Haven, Ct. 06511 Re: Stop-order on B.P.#10567Z Dear Mr. Righter: The work under Building Permit 10367Z may be resumed. The Zoning Board of Appeals has approved the appeal No. 2632to Fishers Island Development Co., c/o Richard F. Lark, Esq., granting a Special Exception subject to six conditions. Enclosed is an X'd copy of their action. The Planning Board had approved the site plan for this location on August 17, 1979. Very truly yours, GEORGE H. FISHER Sr. Building Inspector XC: Fishers Is. Development Co. c/o Richard Lark, Esq. Stephen Lupow, Esq. Planning Board Zoning Board of Appeals encl. ..... : ................ ~fter'inve~%{gati6n"~'i~specti~"the'~6~-'fihds that the applicant wishes to construct a buJ:l~ing with three un,ts to house golf course personnel d:ing the golf season, for which the Board had previously received 3 similar ~pplication and granted permis- sion ~o~..~e construction :'of same on the parcel as herein applied bu~ d~fferent as originally placed in its application of. Appeal ' ' ' No. 2544. ~owever, the Board does agree with the reasoning of th~ ' applicant', and. the reason'for this new application is to give.ad-.. ]oin~ng'proper.ty owners an opportunity to be heard on an application for the parcel upo~ which it is to be decided upon. The Board finds that strict'applicatio~ of. the Ordinance W6uld' produce practical difficulties or unnecessary hardship; the hard- .ship 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 Special.Exception will not change the.character ' of.the neighborhood and will observe the spirit of the Ordinance. On motion made by Mr. Douglass, seconded by Mr. Tuthill, lit _ .-RESOLVED,.that FISHERS ISLAND DEVELOPMENT CO.,.Fishers Island, . .-New York 06390., be GRANTED a Special Exception to the Zoning Ordi- '' nance, Article III, Section 100-30 for permission to construct ..-- multipie dwelling with three units to house personnel, SUBJECT TO THE FOLLOWING CONDIT1ONS~ ii:~.'(l~' Site~Pla~Approval fro~ th~ 'Southold TOWn planning ~oard; (2) ~Boa~d.of Health Approval .... . '(3) The newly'constructed building' cannot'be sold'or separated from the 180'acres of the golf course unless at least three acres Surrounding. the building'is preserved. Any cha~ge of ownership or use'shall be referred to the Board of Appeals for their approval. .~4) This camp Will be brought up for consideration one year from approval,date hereof to determine whether it is being prop~- ~erly controlled and operated. (5) That greens or screening be provided on the north side. (6) That the dwelling shall not be occupied at any time by more than nine persons. Location of property: Fishers Island, New York, near the Fishers Island Country Club, more particularly known as part of County Tax Map No. 1000-001-01-02 and part of 1000-001-01-3.1. Vote of ~he Board: Ayes: Messrs. Douglas~, Grigonis, Tuthill and Doyen. Town' of Southold 'Board of Appeals COUNTY OF SUFFOL~) DEPARTMENT OF PLANNING LIt*E; E. KOPPt=LMAN November 21, 1979 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Comm~ssion are considered to be a matter for local determination. A decision of local determ/nation should not be construed as either an apprdval or a ~isapproval. Applicant Municipal File Number Mattituck Holding Co. Fishers Island Development ~o. Gwynne Construction Corp. Lim Con Enterprises 2615 2632 2634 2636 CGN:jk Very truly yours, Lee E. Koppelman Director of Planning CH:[~l: PLANN~.R g79'2920 TOWN CLERK TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 1809 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the . . .]~O~r.d, . O;f. ~a~]~p~,],~ ............... of the town of ..... ~.o.%l,~tli~.d. ............... (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (checkone) RE: FISHERS ISLAND DEVELOP~ENT CO. ................ Newand recodified zoning ordinance FISHERS ISLAND, NY 06390 Appeal No. 2632 ................ Amendment to the zoning ordinance ................ Zoning changes XX ................ Special permits Special Exception, Arti. 111, Section 100-30 ................ Variances Locat on of affected land: ~F~i~s~.h~e~r~s~s~a~`n~d-~-~-~-~--~9~Q~~ ...................... within 500 feet of: (check one or more) ..X...x. ......... Town or village boundary line, or shore line ................ State or county road, parkway or expressway ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county owned parcel on which a public building is situated Comments: Applicant was granted Special Exception to construct multiple dwelling with 3 units to house golf course personnel during golf season. Same was originally granted under Appeal %2544, but since granted parcel was different from Appeal #2544 as applied for, new application was required to give adjoining owners opportunities to be heard. (signed) Linda F. Kowalski Secretary, Board of Appeals Title Date received by Suffolk County Planning Commission ................................ .................................................... File No ................................. JUDITH T. TERRY · TOWN CL~RK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 October 10, To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk 1979 Transmitted herewith is Zoning Appeal No. 2632 application of FishersIsland Development Corp. for a special exception. Also included are notification to adjoining property owners as per attached receipts. JTT/bn cc:file Enc./ Town Clerk LuPow. GR~FSTEIN ~: FRANKFORT l~ove~r 5, ~979 Town of 3outhold Offieo of Buildin~ Inspector, Town Hall Southold, New Yolk 119~1 FIDC0 Buildin~ Per~tt 10367Z Dear Mr. Flshert AS we dll~ulled, ple&~e furnllh ua ~h a copy of t~ ~pplioation t~t F~O ~s putt~ ~n w~eh sho~ t~ ~w p~s~ location fo~ t~ ~o~ C~ ~eh they ~sh ~ build. K~ly do th~s as Thank you for your anticipated ~o~pe~atton. T / STEPHEN ~POW cc: P~I~ Boa~ - To~ of 8ou0~ld APPEALS BOARD MEMBERS CHARLES GRIGONI$, .IR., CHAIRMAN SERGE DOYEN, JR. T.'",": R :' TUT:~:LL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph Hz Sawicki Southold Town Board of Appeals MAIN RrlAD- STATE RnAD 25 BnUTHnLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 November 21, 1980 Mr. George H. Fisher Senior Building Inspector Southold Town Building Department Southold Town Hall Southold, NY 11971 Re: Appeal No. 2632 - Fishers Island Development Corp. Dear Mr. Fisher: The following action was taken at a regular meeting of the Board of Appeals held November 20, 1980: RESOLVED, that the Building Department of the Town of Southold be requested to follow-up on Condition No. 4 in Appeal No. 2632 of Fishers Island Development Corp. in order to determine whether the newly constructed building is being properly controlled and operated. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer and Sawicki. Sincerely yours, CHARLES GRIGONIS, JR. CHAIRMAN lnda Kowal ski Secretary O BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the .Bo~r. d of .Al?eais of the Town of Southold torequesta(Variance)~peciai ExcePtioR} (Special Permit) (thefollowmgrehef: rD ~OJ~STIz'tJf'Lr' ' 2. That the property which is the subject of;the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property which is tl~e subject of such Petition isJucatedii~e following zoning district: 4. That by such Petition, the unde~s~ igned will request the following relief: 'f~ $. That the provisions of the Soutl~old Town Zoning Code applicable to t_he relief sought by the under- signed a~e: ~l'~d'~Cl_~_~ ~ ; ~gr'~'lO]~ /00 - ~3 0: f~ ~ .i- /~ [~7 6. That within five days from ~he date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southoid, New York and you ma)' then and there ex,.mine 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 heating 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 ri~-~qt to appear and be heard at such hearing. Da:~d: Petitioner Post O ,ce N-y..O O o C) O NAME PROOF OF MAILING OF NOTICF ADDRESS STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: residing at k ' 'lJ being duly sworn, deposes- and says that onthe oJ day of ~ ~_l'~ ,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- ; that said Notices were mailed to each of said persons by Sworn t~ b~or~ me this ~ day of L4/~.~-~L~ ,19 ~ ~' Notary Public 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 (¥ariance)~pecial Exception~ (Special Permit) (the following relief: ~r~ f_OF~$rl~C~' 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: I 3. That the property ~whi.ch is tlTe subject of such Petition is Jocated.in.the following zoning district: 4. Tha, t by such Petition, the undersigned will request the following relief: A- u ;r5 -ho Itlv e, signed 5. That the provisions of the Southold Town Zoning Code applicable to ~e relief sought by the under- are: ~lq~ ~ ; ~'~-J'/0/~ /OO - 90: ~ fa .t~/~ ~ 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 Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Post Office Address P14 58167?0 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIRED-- NOT FOR INTERNATIONAL MAIL 'P14 5816771 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDEO-- NOT FOR INTERNATIONAL MAIL P14 5816.763 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) (See Reverse) (See Reverse) P14 5816754 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDER-- NOT FOR INTERNATIONAL MAiL P14 5816208 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL P14 5816766 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE J~ROVIOED-- NOT FOR INTERNATIONAL MAIL (See Reverse) (See Reverse) (See' Reverse) S TTO SPECIAL DELIVERY AND ADDRESS OF _ DELIVERY ~ SHakO WHOM DATE AND ~ ~DRESSOFDELIVE YWITH 'P14 5816753 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- N. OT FOR INTERNATIONAL MAIL (See Reverse) SENTTO PI~II~ Irma :ERTIFtED FEE ~ SPECIAL DELIVERY ~ ~ESTRICTED DELIVERY ~ ~ SHOWTOWHOMANDOATE ' ~ ~ ~UVERY ' P14 581'6769 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) ~ ~OW ~ WH~M AND DATE DELIVERY ~dNYOWHOM DATE AND BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold 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 (V~ariance)~ecial ExceptionJ (Special Permit) (the following relief: TO (~O/dSTI'/.,Uf.I- 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property which is tl/e subject of such Petition is_located.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 ZoningCode applicable to ~e relief sought by the under- slgnedare: ~'lq~tJ_~_'T~' ;~'~C.~0/~/ /00-30: t'~ l~ *' l~ ~ 6. That within five days from l~he 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 most 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: ~) C:~_.~. '"JC[ [ Petitioner Post Office Address Oe O o P14 58S. 6768 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) P14 5816764 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL P14 58167'57 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDE0-- NOT FOR INTERNATIONAL MAIL (See Reverse) ~ ~.1212. ' P14 5816767 RECEIPT FOR CERTIFIED MAIL (See Reverse) (See Reverse) P14 58_1.6756 RECEIPT FOR CERTIFIED MAIL N0 INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) P14 5816765 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDEG-- NOT FOR INTERNATIONAL MAIL P14 5816759 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) P14 5816762 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) P14 5816760 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDEDm NOT FOR INTERNATIONAL MAIL (See Reverse) s TTO 'P14 5816209 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENTTO ' POSTAGE ' $ 714581621O RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) (See Reverse) P14 5816761 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) TAN ~NO~ - ! · ~ .,~ CODE - POSTAGE · ~ ' I $ P145816758 RECEIPT FOR CERTIFIED MAIL HOINSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (S~ Reverse) SHOW TOWHOM DATE AND ADDRESS OF DEUVERY P14 5816755 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) s. ..... PO?';;L;___ ' 'P14 5816773 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) James Volney Righter A r c h i t e c t I I+6 Chapel Street · New Haven · Connecticut · o 65 ~ x · telephone · 2o 3 777-32 ~ 2 James ¥olney Righter A r c h i t e c t I I46 Chapel Street · New Haven · Connecticut · o 651 i · telephone · 203 777-32 ~ 2 P14 58_¢533 RI=CEIPT FOR CERTIF:I£D MAIL NO INSURANCE COVERAGE PROVIDED-- NOT EOR INTERNATIONAL MAIL (See Reverse) .,~,~'~Z.D;t~ I~l'T I FOSTAGE I ~ '~ - CERT~mE~ FEE ~ SPECIAL DELIVERY RESTRICTED DELIVERY SHOW T0 WHOM AND ~ DATE DEUVERED ~ SHOW TO WHOM ANBDATE- ~ N 393,000 SEE SEC NO 005 Legen~ 10~o4A(c) 1.8A I,SA ~) 5.8 A(¢) 73A(¢} END MUD' POND ?.SA 2. k il \ MAE