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935 Old Shipyard Lane, Southold 5/27/83 CA-construct addition attaching nonconforming accessory structure leaving an insuff, side- yard setback. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 r:OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3127 Application Dated April 26, 1983 TO: Irving L. Price, Jr., Esq. as HILDEGARD MORAND 828 Front Street Greenport, NY 11944 (Public Hearing held 5/27/83) attorney for [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on the above on your MAY 27, 1983 appeal was considered, and the action indicated below was taken [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section ~ ] Request for Variance to the Zoning Ordinance Article III , Section 100-34 [ ] Request for The public hearing on this application was also held on May 27, 1983. Upon application for HILDEGARD MORAND, by Irving L. Price, Jr., Esq., 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-34 for permission to construct addition, attach- ing nonconforming accessory structure, leaving an insufficient sideyard setback (as a principal structure), at 935 Old Shipyard Lane, Southold, NY; Founders Estates Map 834, Lot 107; County Tax Map Parcel No. 1000- 64-05-021. The board made the following findings and determination: By this appeal, appellant seeks permission to construct a laundry- room and bath addition to the existing dwelling and attaching same to an existing accessory garage which is located in the sideyard area 13' from the southerly side of the house and approximately eight feet from the southerly side property line. The premises in question is known as Subdivision Lot #107 of Founders Estates, Map #834 approved May 10, 1927, and is located along the easterly side of Old Shipyard Road (Lane) having a frontage of 75' and a depth of 223.25'. The premises is improved with a one-story, one-family dwelling and the subject accessory building. The dwelling is set back approximately 52' from Old Shipyard Road (Lane) and is set back from the northerly side property line 10'. In considering this appeal, the board determines that the variance request is not substantial under the circumstances; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible to appel- lant other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that Appeal No. 3127, application for HILDEGARD MORAND (CONTINUED ON PAGE TWO) DATED: June 15, 1983. CHAIRMAN, SOUTHOLD TOWN OF APPEALS Form ZB4 (rev. 12/81) ZONING BOARD Page 2 - Appeal No. 3127 Matter of HILDEGARD MORAND Decision Rendered May 27, 1983 BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. No further sideyard reductions; 2. Garage shall never be converted into living area (must remain as a garage for storage purposes). Location of Property: 935 Old Shipyard Lane, Southold, NY; Founders Estates Map 834, Lot 107; County Tax Map Parcel No. 1000- 64-05-021. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was unanimously adopted. RECEIVED AND FILED BY THE SOo~I:,OLD TOWN CLERK own Clerk, Town ]4 $'� �� �` Southold Town BoardE £ ofAppeals r MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall , Main Road , Southold, New York, on FRIDAY, MAY 27 , 1983 commencing at 7 :30 p.m. and as follows : 7 :30 p.m. Application for REV. WILLIAM J. HILLIARD, by Irving L. Price , Esq. ,' 828 Front Street, Greenport, NY, for a Variance to the Zoning Ordinance , Article III, Sections 100-23 and 100-32 for permission to re-locate accessory structure in the front/side yard areas at Heathulie Avenue, Fishers Island, NY; Minor Subdivision Map of Smith-Hilliard #155 , Lot 3; more parti- cularly known as County Tax Map No. 1000-9-6-5. 2. 7.35 p.m. Application for HILDEGARD MORAND, by Irving L.- Price , Esq. , 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-34 for permission to construct addition, attaching. nonconforming accessory structure, leaving an insufficient sideyard setback (as a principal structure) , at 935 Old Shipyard Lane , Southold, NY; Founders Estates Map 834 , Lot 1U7; Comity max iiap Parcel No. 1000-54-05-n21. 7 :40 p.m. Application of WILHELM & SILKE FRANKEN, 75 Carroll Street, Brooklyn, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct new dwelling with an insufficient frontyard setback, at Osprey Nest Road, Cleaves Point Section I , Map 2752 , Subdivi- sion Lots 14 and 15., ,. at Greenport; County Tax Map Parcel No. 1000-35-6-22 , 23 , 24. 7 : 45 p.m. Application of BURKE E. LIBURT, 1420 King Street, Orient, NY, for a Variance to the Zoning Ordinance , Article III , Section 100-32 for permission to construct accessory horse barn in the sideyard area, at 1420 King Street, Orient, NY; County Tax Map Parcel No. 1000-026-02-040. 7 :50 p.m. Application of JOHN GRIGONIS, Main Bayview Road , Southold , NY, for a Variance to the Zoning Ordinance , Article VI , ' Section 100-60 (A) & (B) for permission to construct a:-new dwell- ing in this B-Light Business District at 860 Main Bayview Road, Southold ; NY; County Tax Map Parcel No. 1000-70-7-16 . 2. Page 2 - Legal Notice of Regular Meeting and Public Hearings Southold Town Board of Appeals May 27 , 1983 Regular Meeting 7 :55 p.m. Application of ALFRED AND ZINA HULL, 333 Pearl Street, New York, NY 10038 , for a Variance to the Zoning Ordinance, Article XI, Section 100-118E for permission to reconstruct and alter existing building which would exceed 500 of the fair market value of this structure, requiring a variance to continue or- reinstate a second- dwelling unit in this "A-Residential" District, at 3630 Soundview Avenue , Peconic, NY; County Tax, Map Parcel No. 1000-68-04-004 . 8 :05 p.m. Application of SOUTHOLD LUMBER CO-:, INC. , Youngs Avenue, Southold, NY, for a Variance to the Zoning Ordinance, Article XI; Section 100-119B for permission to erect fence exceed- ing 4 ' in height along the frontyard area of these premises more particularly known as 675 Boisseau Avenue, Southold, NY; County Tax Map No. 1000-63-02-030 . 1. 8 :10 p.m. Application of HENRY PIERCE , 2615 Wells Road, Peconic, NY for a Variance to the Zoning Ordinance , Article 100-32 for permission to construct accessory storage building in the front and side yard area at 2615 Wells Road, Peconic , NY; County Tax Map Parcel No. 1000-086-02-1. 2 8: 15 p.m. Application for ROBERT .T. KROEPEL, D.D. S . by Rudolph H. Bruer, Esq. , Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of two proposed parcels having approximately 37 ,069 square feet in area and 120. 85 feet of road frontage, at the north Bide of Indian Neck Lane, Peconic , NY; County Tax Map Parcel No. 1000-86-6-16. 8 : 25 p.m. Application of JOHN AND JANET FLOWERS , 400 Con- klin Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage in the frontyard area, at 400 Conklin Road, Mattituck, NY; Garden Heights Subdivision Map 577 , Lots 24 and 25; County Tax Map Parcel No. 1000-139-04-006 . 8 : 30 p.m. Application for RICHARD E. SULLIVAN by David S. Horton, Kouros Road , New Suffolk, NY for a Variance to the Zoning Ordinance , Article III, Section 100-31 , Bulk Schedule, for per- mission to construct. deck which will exceed the maximum lot coverage of existing and proposed structures , at 440 Third Street, New Suffolk, NY; County Tax Map No. 1000-117-09-020. 8 : 35 p.m. Application of JACK LEVIN, 59670 C..R. 48 , Greenport, NY, for a Variance to the Zoning Ordinance , Article III, Sections 100-30 (B) [1] and 100-31 for permission to use the existing dwelling for two-family use, second-dwelling unit having less than the required 850 square feet of living area, at 59670 C.R. 48 , Greenport, Page 3 - Legal Notice of Regular Meeting and Public Hearings Southold Town Board of Appeals May 27 , 1983 Regular Meeting more particularly identified as County Tax Map No. 1000-44-4-5. 8 : 40 p.m. Application of JACK LEVIN, North Road, Greenport, NY, for a Special Exception to the Zoning Ordinance, Article III, Sec- tion 100-30 (B) [1] for permission to convert existing dwelling into two-family dwelling use on a minimum two-acre parcel located at the south side of C.R. 48 , Gr,eenport, NY; more particularly identi- fied as County Tax Map Parcel No. 1000-44-4-5. 9 :00 p.m. Recessed Hearing: DOROTHY REISE (Owner) and RIAL REALTY CORP. (Contract Vendee) by Rudolph H. Bruer, Esq. Tennis court and garage on a vacant parcel. East Hyatt Road, Southold, NY. Any persons desiring to be heard concerning the above matters should appear at the -times and place above noted.. If ddditional information is needed, please contact Linda Kowalski , Secretary of the Board of Appeals, at 765-1809 (or 765-1802) . DATED: April 27 , 1983 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN --------------------------------------------------------------------x Instructions to newspapers : Please publish once, to wit, Thursday, May 12 , 1983 and forward one affidavit of publication to: Board of Appeals , Main Road , Southold, NY 11971. --------------------------------------------------------------------x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL File No. . . . . . . . . . . . . . . . . . . . . . -. . . . . . . . . Date . . . . . . f: . . . . . . . . . .` . . . . . .. 19 To . .4�-!.d l�l.o`����v- . . . . . . -,`ter . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . . . . ' . . �. . . ., 19 for permit to construct . . . �? �`�. . �a.?!/..�/ !! `?.: . . . . . . . . . . . . . . . . . . . . . at Location of Property �k✓�. . zCW-?-a . . . �� : House No. ` Street Hamlet County Tax Map No. 1000 Section . . . � ``+�. . . . . . Block . . . . O.: . . . . . Lot . . Qc;f! . . . . . . Subdivisi�Gt`iOd�E.�S. �: d Filed Map No. Z . . . . . . . . Lot No. 10. . . . . . . . . . is returned herewith and disapproved on the following grounds . . . . . . . . . . . . . . . . . . . . .Building Inspector RV 1/80 �' �i' �iZGl z l/a FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined . . . . . . . . . . . . . . . .. 19 . . . Application No. . . . . . . . . . . . . . . . . . P Approved . . . . . . . . . . . . . . . .. 19 . . . Permit No. . . . . . . . . . . . Disapproved a/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ow( l . .3.1. . . . 196_v�. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted 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 issued 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 building for necessary inspe ions. 0tu). . . .E . . ��. �t4. . . . . . . . . . . . . . . . . . (Signature of applicant, or name, if a,�corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. U� � .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of owner of premises . . .?'��.`� �A rb. . . . .6A©1ZcX10.Z�. . . . . . . . . . . . (as 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. . . . `? l.. . . . . . . . . . . ... . . Plumber's License No. Qo��4. �?$�1?. . . . . . . Electrician's License No.PaAj Other Trade's License No. . . . . . . . . . . . . . . . . . . . . . 1. Location of land on which proposed work will be done. . . . . . . . . . . . . . . . . . . . House Number Street - Hamlet - County Tax Map No. 1000 Section .. . . . . . Block . . . . . . . . . . . . . . .O c zr � Lot . Subdivision . . . . . . . Filed Map No. . . . . . . . . . . -Lot . .11i�?.7 . . . . . . . . (Name) - - - - 2. State existing use and occupancy of premises and intended useand occupancy of proposed construction: - a. Existing use and occupancy . . . . Eft;l7. . . �FGcJcr�("� t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. Intended use and occupancy /� �! �'. . . .�Gf��.0(4�j . ./ OUI�? ,b A`t' . . . . . ._. _ -. . . . . . ... . 3. Nature of work (check which appiicanle): New Building . . . . . . . . . . Addi-ci.,.: . .l✓. . . . . . Alteration' . . . . . . . . . Repair . . . . . . . . . . . . . . Removal . . . . . . . . . . . . . . Demolition . . . . . . . . . . . . . . Other Work . . . . . . . . . . . . . . . (Description) 4. Estimated Cost ... . . . . . 1�/.�?C[ar . . . . . . . . . . . . . . . . . . . Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (to be paid on filing this application) 5. If dwelling,number of dwelling units . . . . . . . . . . . . . . . Number of dwelling units on each floor . . . . . . . . . . . . . . . . If garage,number of cars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. . . . 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use . . . . . . . . . . . ., . . . . . . . . 7. Dimensions o 7xisting structures,if any: Front . . . .3 6 . . . . . . . . Rear . .'�'. 0 . . . . . . . . Depth . q� . . . . . . . . . . Height . . f. . . . . . . . . . . Number of Stories . . . r . . . . . . . . . . . . . Dimensions of s me structure with alterations or additions: Front . . b . . . . . . . . . . . . Rear r .�. . . . . . . . . . . . . . Depth . . . . ./ �• . . . . . . . . . . . . . Height . . . ,�. .< <,. . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . 8. Dimensions of entire new construction: Front . . . .�.� . . . . . . . Rear . .3��.!r. . . . . %Depth 5 . . . . . . . . Height . l.o2`. . . . . Number of Stories . I. 9. Size of lot: Front . . .�S . . . . . . . . . . . . . . . Rear . . . 7.�.-p-�. . . . . . . . . . . Depth �2a2�, =�2 �Z,S 10. Date of Purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of Former Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. . Zone or use district in which premises are situated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A)o. 12. Does proposed construction viAo}a� te any zoning law, ordinance or regulation: . . . . . . . . . . . ... . . . . . . . . . . . . . . . 13. Will lot be regraded . . . . . . J� . . . . . . Will excess fill be rggmoved from premises: Ye 14. Name of Owner of premises 41 Uk..CL,�. .XQftc LS* Address s�? ���7 . . . . . . . . Phone No. Name of Architect . . . .5 f?.Ali . . . . . . . . . . Address � 0 `. . . . . . . Phone No.?6. — S�{S� Name of Contractor . � �^^". . . . . . . . . . . Address .S.OXI9j� . . . . . . .Phone No.7.6�*.3 ?�' , . . . . PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and,indicate all 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. STATE OF NEW YORK, S.S COUNTY OF . . . . . . . . . . . . . ,S . . . . . ..—n . �. .`. f!Y.r�i-1.�" ?5. :. . . . . . . . . . . . . . . being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. He is'the . . . . . . . (f 0k.Ya112?,r-�,CCO2 . . . . . . . . . . . . . . . . . . . . . . (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements 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 forth in the application filed therewith. Sworn to before me this . . . . . . . . . . . !. . . . . day of. . !!l9j. . . . . . . . . . . .I 1 9-f� Notary Public, . . . . . . . . . . . County , . . . . . . . ` . . . . . . . . . . (Signature of applicant) I ICEIVE® -APR 2 6 1983 TOWN OF SOUTHOLD, NEW YORK Tom CtorK Plit>rt�1 FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ,,,3 c-2 7 April 25, 1983 DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ( HILDEGARD MORAND .o f 935 Old Shipyard Lane ..e........................................... ................................................... Name of Appellant Street and Number Southold New York HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE. DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................. DATED ............Ma.....:..rch.....31...,.......1983................... WHEREBY THE BUILDING INSPECTOR DENIED TO HILDEGARD MORAND ................................................................................. Name of Applicant for permit of 935 Old Shipyard Lane Southold New York ........................................................................................................................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x BUILDING PERMIT 1. LOCATION OF THE PROPERTYg3�.Old SbiPYard..I�. Residential-Agricultural ...... ....... ............................................................ Suffolk County Tax Map No. Street Use District on Zoning Map 1000 — 064 — 05 — 021 /vlap No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-34 as amended February 1, 1983 (set backs) 3. TYPE OF APPEAL Appeal is made herewith for (*4 . ,A VARIANCE to. the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. .l6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (VAM(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. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X$ A Variance to the Zoning Ordinance is requested for the reason that .......- Form zs1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or t4nneces- sory,.HARDSH'IP because house and unconnected garage are located on a .75 foot frontage lot (Lot #107, Map of Founders Estates, filed as Map Number •834 and owned by .applicant since 1973) . House is 10 feet from north side line. Garage. is 13 feet 8 inches from house and about 8 .feet from south side line, a. total of 18' feet set back from sidelines instead of required 26 feet 3 inches. Applicant has severe arthritis of the knee. Laundry is presently, in basement. Applicant wishes to build laundry room,. bath and side entrance to garage.. The laundry on the ground level would enable her .to use it with knee condition. ' Niece resides with 'her and another bath would be a xeal. convenience.. Garage now can only be entered or left by front 'garage doors. in winter it would be better to avoid weather and -.would make an electric door opener practical. 2: The.hardship created is UNIQUE and is not shared by all properties alike in the immediate . vicinity of this property and in this use district because this house and garage are ` :located as they are. 3.. , The Variance .would observe the spirit of the Ordinance and .WOULD NOT CHANGE THE'. tC AARACTER OF THE DISTRICT because 'the overall width of the two structures'- would not be increased nor would the existing side line setbacks be: HILDEGARD MORAND STATE OF NEW YORK ) ) ss By:.../5�/..................................................:..................... COUNTY OF SUPPOLK ) Signature Irving .L; Price,, Jr., Attorney at Law Sworn to this day of:............ April 19 83 ........................................................ KATHY ht KUNGE NOTARY PUBLIC,State of.New York No.52-4657592,Suffolk Coun 85 Commission Expires March 30,IS N................................................. otary Public Z-o house Nic V J IZS y' PRA H 21ZED ALTERATION OR ADDITION (�V JJ III SURVEY IS A VIOLATION OF c'j %V S= TI , 7209 OF THE NEW YORK STATE 5 ! ` UC T!ON LAw. P? ,c;OF TNIS SU.2','E7 iAAP NOT REARING �j iN LAt;D Sv2:'sY "S Xf 4 1 > ^ all.,EA.Ox F'233SED`A -',!!ALLNOT 3S COSIDERE[I r ' GUA^.L;,it:5 th"'a;CAi+.?4iLC::•OPI SHALL RUN OPS_f TO TN.E pc,F3F.V.'1--;O i THE SURVEY . IS NKlPA^FD, A,' C;;MIS 6`_HALF TO THE TITLE CO:.pfS.17, GOVERN.Y..ENTAL AGENCY AN^ 1 1=?dD]�SG INS-?UTION LISTED HEREON, AND TO THE ASSIGNEE Oc THE LENDING7INSTI- .. -UTION.GUARAWI ZES A-E NOT PIANS6Ea Ae:, TO ADDITIONAL INSNPFTIINe ns suasu. ��Sll"t Sf �f /—C!R OWKEE.4. .. Tr _ A 7- SCU 7—/-&,a,L i t A/ Y No 7/e Unless alle5l�ma led, Cot(44v C-ler-cL-t; o,4 ' e 6 /•- c 4%ice I� r7 C f ? . -.:., ,; Southold Town Board of Appeals -46- May 27 , 1983 Regular Meeting (Appeal No. 3121 - ALFRED AND ZINA HULL, continued: ) RESOLVED, that Appeal No. 3121, application of ALFRED and ZINA HULL,- BE AND HEREBY IS DENIED. Location of Property: 3630 Soundview Avenue, Peconic , NY; County Tax Map Parcel No. 1000-68-04-004 . Vote of the Board: Ayes : Messrs . Goehringer, Doyen, Douglass, and Sawicki. (Member Grigonis was absent. ) This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 3127 . Upon application for HILDEGARD MORAND, by Irving L. Price , Jr. , Esq. , 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance_, Article III, Section 100-34 for permission to construct addition, attach- ing nonconforming accessory structure, leaving an insufficient sideyard setback (as a principal structure) , at 935 Old Shipyard Lane ,• Southold, NY; Founders Estates Map 834 , Lot 107 ; County Tax Map Parcel No. 1000- 64-05-021. The public hearing on this application was held earlier this even- ing;- at which time the hearing was declared closed, pending deliberations. The board made the following findings and determination: By this appeal, appellant seeks permission to construct a laundry- room and bath addition to the existing dwelling and attaching same to an existing accessory garage which is located in the sideyard area 13 ' from the southerly side of the house and approximately eight feet from the southerly side property line. The premises in question is known as Subdivision Lot #107 of Founders Estates , Map #834 approved May 10 , 1927 , and is located along the easterly side of Old Shipyard Road (Lane) having a frontage of 75 ' and a depth of 223.25 ' . The premises is improved with a one--story, one-family dwelling and the subject accessory building. The dwelling is set back approximately 52 ' from Old Shipyard Road (Lane) and is set back from the northerly side property line 10 ' . In considering this appeal, the board determines that the variance request is not substantial under the circumstances ; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible to appel- lant other than- a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be- served by allowing the variance as indicated below. On motion by Mr. Sawicki , seconded by Mr. Douglass , it was Southold Town Board of Appeals -47- May 27 , 1983 Regular Meeting (Appeal No. 3127 = HILDEGARD MORAND, continued: ) RESOLVED , that Appeal No. 3127 , application for HILDEGARD MORAND BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : 1. No further sideyard reductions ; 2. Garage shall never be converted into living area (must remain as a garage for storage purposes) . Location of Property: 935 Old Shipyard Lane , Southold, NY; Founders Estates Map 834 , Lot 107 ; County Tax Map Parcel No. 1000'- 64-05-021. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent. ) This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 3108. . Upon application of WILHELM and SILKE FRANKEN, 75 C'arroll Street, Brooklyn, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 , Bulk Schedule for permission to. construct new dwelling with an insufficient frontyard setback, at Osprey Nest Road, Cleaves Point Subdivision Section I, Map 2752, Subdivision Lots 14 and 15 , at Greenport; County Tax Map Parcel No. 1000-35-6-22 , 23 ant 24. The public hearing concerning this application was held earlier this evening, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: By this appeal, appellants seek permission to construct a new one-family, 12-story dwelling with an insufficient setback from Osprey Nest Road of 30 feet. The premises in question is known as Lots 14 and 15 of Cleaves Point Subdivision, Section I , Map 2752 dated Septem- ber 10 , 1957 and contains an area of approximately 25 ,500 square feet. This is a request for a variance, from Article III,. Section 100-34 wherein, under the circumstances , this parcel would be entitled to a frontyard setback of 35 ' feet, or the average established setback of existing dwellings within 300 ' therefrom, whichever is greater, without a variance. This parcel is an unusually-shaped parcel of land and fronts along Gull Pond Inlet. The elevations of this parcel are at variations from between five to 10 feet. The area chosen for the construction of this dwelling is the most practical and reasonable and the elevation in this area is approximately 8. 5 feet above mean sea level. The finished floor elevation is proposed to be at 12 feet. The board agrees with the reasoning of appellants. In considering this appeal ,' the board determines that the Southold Town Board of Appeals -19- October 3 , 1974 O motion by Mr. Gillispie, seconded by ulse, it was RESOLVED, nd Mrs. Rober X46 dense, 5330 New Suffolk Road, NewSuffolk, New b NTED permission to construct addition on dwelling whi will xisting setback line average, as applied Vote !o a Board: Ayes:- Messrs: Gillispie, Grigonis , Hulse PUBLIC HEARING: Appeal No. 1958 - 9 : 00 P.M. (E.D.S.T. ) upon application of Thomas A. Duffey, President, T.A.D. Auto Sales, Inq. , Main Road, Mattituck, New York for a special exception ;in accordance with the Zoning Ordinance, Article _ VII, Section 100-70 BA for permission a. to conduct a used car sales business; b. to erect a second sign. Location of property: S/S Main Road, Mattituck, New York, bounded on the north by Main Road; on the east by Maratooka Lane; on the south by J. Brooks & R. Polhemus; west by Sunset Avenue. Fee paid $15 . 00. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavits attestingto its publication in the official newspapers, and notice to !� the applicant. THE CHAIRMAN: The application is accompanied by a Van Tuyl survey dated June 15, 1970 . indicating that the property has 201. 82 feet on Main Road on an angle, 158. 89 feet on Sunset Avenue, 185 feet on Maratooka Lane, and 200 feet at right angles to the two side yards extending from Maratooka Lane to Sunset Avenue. There is an island built in that was used for gas pumps by a previous owner which is 12 feet from the road. The service station is approximately 60 feet from the Main Road and 40 feet from Maratooka Lane and a considerable distance from Sunset Avenue. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. THOMAS A. DUFFEY: I propose to run a used car operation'. There would be no body work or mechanical work done on the premises . It would be done in Mattituck by Lewis and the body work would be done by Harvey Bagshaw in Mattituck. I would display twelve or thirteen very clean . � automobiles. I have been in business for 25 years. I will put some nice flowers around the building and the building will be painted. I have an authorized Buick dealer or Chrysler dealer. Southold Town Board of Appeals -20- October 3 , 1974 THE CHAIRMAN: Would there be anything in your future that would indicate that you would take on an automobile dealership? MR. DUFFEY: There is .a possibility I might be a repre- sentative for Porsche for the North Fork. I would be displaying one or two cars . Porsche-Audi, Inc. in Southampton has it all east of Huntington but he has no representation on the North Fork. It would be purely a display area. There is a lift in the building and an extra bay but I don 't propose to use it at all. THE CHAIRMAN: You do propose to use the gasoline service station. MR. DUFFEY: That is owned by the people I have a lease from and they want me to pump their gasoline and I would have to do it but it would be done by an attendant in a maroon uniform. It would be very nicely done. THE CHAIRMAN: I am sure , in view of the size of the operation which you propose, you would not object to having a buffer zone between you and the residential area to the south. .� MR. DUFFEY: There are woods there. THE CHAIRMAN: You would not expect to cut down any trees at all? MR: DUFFEY: I would prune a few trees and take down the fifteen year old sign. THE CHAIRMAN: How long has the gas station been in use? MR. DUFFEY: I believe about eight months or more. MR. FRED HULSE, JR. : It' s been in use a couple of years, at least a year and a half. THE CHAIRMAN: How many cars do you think you will have? MR. DUFFEY : About 12 . The security lights are 400 watts on Pole #48 . They just would be on the automobiles in that area. THE CHAIRMAN: You would not be installing any lights? l Southold Town Board of Appeals -21- October 3 , 1974 MR. DUFFEY: There is one light I would like to have, a Dawn to Dusk light put out by Lilco. They have two types. This is purely for the Police Department as they ride by. It' s a mercury vapor light. THE' CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) After investigation and inspection the Board finds that applicant requests permission to a. conduct a used car sales business and b. to erect a second sign on property located on the south side of Main Road, Mattituck. The findings of the Board are that this is a reactivation of use. It is in a "B-1" district where gas stations are permitted. The Board also finds that applicant is required by New York State Department of Motor Vehicles to exhibit a 2 ' x 4 ' illuminated sign attached to the '-building. Applicant does not plan to cut any trees on the wooded portion of the lot to the south thus leaving a buffer zone between applicant' s property and the residential area to the south. The Board agrees with the reasoning of the applicant. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Thomas A. Duffey, President, T.A.D. Auto Sales, Inc. , Main Road, Mattituck, New York be GRANTED PERMISSION to a. conduct a used car sales business, and b. to erect a second sign, on property located on the south side of Main Road, Mattituck, as applied for, subject to the following conditions: 1. 100-70 B. 4 - Public garages ,. gasoline service stations , and new and used car lots, all subject to the following requirements. .a. Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not more than thirty- (30) feet and shall be located not less than ten (10) feet from any property line, and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. b. Vehicle lifts or pits, dismantled automobiles and all parts or supplies shall, be located within a building. c. All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of i I I Southold Town Board of Appeals -22- October 3 , 1974 gasoline or oil, shall be conducted in a building. d. The storage of gasoline or flammable oilslin bulk shall be located fully underground and not less than thirty-five (35) feet from any property lire other than the street line. e. No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or property line. f. No motor vehicle sales, .used car lots, gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library, hospital, 'orphanage or a rest home nor within three hundred (300) feet of any residence district. 2. Applicant shall not park any used car closer than 35 feet to any property line. i 3. That a 10 foot buffer strip shall be maintained between applicant' s operation and a residential area to the south. 4. That no cars shall be parked within ten (10) feet of the rear property line. i Vote of the Board: Ayes :- Messrs : Gillispie, Grigonis, Hulse. Mr. Harvey Bagshaw came in for an informal discussion with the Board of Appeals regarding the locationiof proposed building on property located on the north side of Main Road, Laurel School District #11 and Mattituck Post Office. The Chairman instructed the secretary to write a letter to Mr. Alan A. Cardinale regarding Appeal No. 1914 , Adeline Cardinale, Laurel, New York suggesting that Mr. Cardinale determine a right of way to Peconic Bay that is satisfactory to the Planning Board. Southold Town Board of Appeals -6- December 5, 1974 permitted use in "B-1" zone. There is nothing in the Ordinance that says there has to be a buffer zone. If you look at that area we are discussing you will find that the nearest residential is across two streets. There is a gas' station and presumably the residents did not object to that, and there are many home occupations. Mr. Goodale said that is a situation where a boat is put in the front.. y and offered for sale. The Chairman said he and ood there several home occupations. THE CHAIRMAN: don't know why zoni procedures speak of these things as specs exceptions. A "special exception" is a misnomer. It is requir of to grant a special ex- ception if the applicant meets requirements. In this case, the applicant met all requi ents except 300 feet from a residential area. a Board is a required to use its own judgment. It w d not, in our opine spoil the area to grant this B y Shop. _Wd have many other ages in Town that are not pposed to store wrecks. Mr. - Good a asked, if this were granted, what could be done to eli nate hazards or unsanitary wrecks. The Chairman said that e should speak to the Building Department. or. Town Counsel They are responsible. Mr. Goodale said that he wo d ask that it be denied as it is not conducive to lon term growth. There are areas that are residential. PUBLIC HEARING: Appeal No. 1964 - 8 : 00 P.M. (E.S.T. ) upon application of Thomas A. Duffey, T.A.D. Auto Sales, Main Road, Cutchogue, New York for a special exception in - accordance with the Zoning Ordinance , Article VII, Section 100-70 B.4 (a) for permission to' conduct a used car sales business, (b) to erect a second sign. Location of property: Main Road, Cutchogue, New York, bounded on the north by Main Road; east by Pequash Avenue; south by M. Barteau; west by Fleet Estate. Fee paid $15. 00. The Chairman opened the hearing by reading the applica- tion for a special exception, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and ' notice to the applicant. THE CHAIRMAN: The application is accompanied by a survey indicating that applicant proposes to use an area 200 feet deep from Main Road and 100 feet wide. (Mr. Duffey showed the Board sketch and lease. ) Southold Town Board of Appeals -7- December 5 , 1974 AF- MR. DUFFEY: They are taking away one car length that the glass people have. THE CHAIRMAN: This sketch by Van Tuyl has diagonal lines. Is the lease different? (There was a general discussion of dimensions) . MR. DUFFEY: On the Main Road I get 100 feet and then I go back 200 feet. THE CHAIRMAN: There is no dimension shown here where you could get 200 feet. MR. ROBERT BERGEN: There is only 200 feet on Pequash Avenue, the whole length of the lot. THE CHAIRMAN: I would suggest that you revise this sketch and bring it in again because you are .going .to have to get a variance to conduct this business which is within 300 feet of a residential district. You have residential areas within 300 feet of this. I am sorry that you are going to be de- layed. Mr. Duffey' s son said "it strikes me funny if this is zoned "Business" and you are not allowed to conduct a business within 300 feet of a residential area. . . what would be the type of business you could conduct? MR. BERGEN: You could have a real estate office or a general store. THE CHAIRMAN: Who is the owner? MR. DUFFEY: Mr. Nicholas Aliano. He can be reached by telephone. THE CHAIRMAN: This lot is less than 40 ,0.00 sq. ft. , it is more like 36 ,000 sq. ft. The owner of the lot, Mr. Aliano, has already leased part of the premises to a glazier. The bulk requirement would be 30 ,000 sq. ft. You are going to impose another business. We would want to restrict the number of cars displayed. We would be making a variance to permit two businesses on 36 , 000 sq. ft. where the requirement is 30,000 sq. ft. for each business. A further complication is that your business is within 300 feet of a residential area. Mr. Aliano can not establish any more business on this lot. Unless a limit were put on it, he could put two or three more businesses there. I don't know whether he knows that or not. Southold Town Board of Appeals -8- December 5 , 1974 MR. DUFFEY: I don't believe Mr. Aliano plans to put any more businesses there. THE CHAIRMAN: I think what you had better do is come back with a sketch which will show us accurately the portion he is going to lease to you. It doesn't correspond to the property. He is leasing 200 feet and he doesn't have 200 feet. There is some confusion here somewhere.' There should be something set aside for the glazier' s business. MR. DUFFEY: I think he means from the Main Road. There is 35 feet from the Main Road that I would not put any cars on. (referring to sketch) All I require is right here. The fence is going to the Beachcomber. I will never have more than 12 cars on display. THE CHAIRMAN: You will have to get a variance because you are within 300 feet of a residential area. MR. DUFFEY: You want me to fill out another form for the 300 feet? THE CHAIRMAN: The type of business you are conducting has to be permitted by special exception. The particular type you are conducting "used car business" along with garages can not be conducted within 300 feet of a residential area, and I believe this is zoned 175 feet deep. I don't think the zone extends 500 feet or 400. feet. When they zoned for Business they usually went 200 feet so you will need to fill out a variance form to obtain a variance to conduct this business within 300 feet of a residential zone. Fill out a variance form to conduct a used car business within 300 feet of a residential zone. Your hardship is that a similar type of business has been there within the last few years. There are very few businesses in Southold where there is "B-l" Business which is not within 300 feet of a residential area. (Mr. Duffey' s son asked when it was realized about the - 300 feet. ) THE CHAIRMAN: We investigate these things. I take most of them to Town Counsel. You have hired a lawyer. We don' t attempt to know everything. We try to help. MR. DUFFEY: I was an authorized Buick and DeSoto dealer. I realize the value of appearance. I asked Mr. Terry if it would be alright if I freshened up the place and got the junk out of it. I have the utmost faith in keeping the Town pretty. I don' t have junk. I will have a very nice display. I hired an attorney to be sure I. did it right. Southold Town Board of Appeals -9- December 5, 1974 THE CHAIRMAN: Define on the sketch the area you are going to use, and fill out a variance form for the 300 feet from a residential. area. . On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that decision .be postponed on special exception 11964 until December' 19, 1974 , and that applicant also apply for a variance. Vote of the Board: Ayes :- Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 1971 - 8 :15 P.M. , upon application of Walt Whitman Federal Savings & Loan Association, Main Road and Bay Avenue, Mattituck, New York for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (3) (b) for permission . to erect. sidewall sign. Location of property: Main Road and Bay Avenue, Mattituck, New York, bounded on the north by Main Road; east by Bay Avenue; south by E. & H. Wilsberg; west by J. McCarthy. Fee paid $15. 00. The Chairman opened the hearing by reading the applica tion for a special exception, legal notice. of hearing, affidavits attesting to its publication in the official newspapers, and notice Co the applicant. THE CHAIRMAN: This application is occasioned by the fact that the building is at an angle to -Main Road and Bay Avenue. THE CHAIRMAN: Is there anyone present who wishes .to speak for this application? MR. JOSEPH MAYER, JR. : I am the architect. I have a large site plan with me. THE CHAIRMAN: I don 't think we need a site plan. Are those letters raised? MR. MAYER: They would be slightly projected. THE CHAIRMAN: Are they illuminated? MR. MAYER: No. MR. JOHN R. CLEARY: I represent the bank. Some of our customers have had difficulty approaching the building from the west because of the angle; they can ' t see a sign in time to stop. THE CHAIRMAN: Is there anyone present who. wishes to speak against this application? Southold Town Board of Appeals -8- December 19 , 1974 i l PUBLIC HEARING: Appeal No. 1983 - 8 : 45 P.M. (E.S.T. ) upon application of Thomas A. Duffey, President, T.A.D. Auto Sales, Main Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article Vii, Section 170 B, Subsection (4) , Subsection (f) for per- mission to use pre-existing business property surrounded by residential area. Location of property: Main Road, Cutchogue, New York, bounded on the north by Main Road; east by Pequash Avenue; south by M. Barteau; west by Fleet Estate. Fee paid $15. 00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by an affidavit signed by .Edward W. Fox, as follows : "I, Edward W. Fox, state that I did conduct an authorized used car dealership from- the premises located at the southwest corner of Pequash Avenue and Main Road, Cutchogue, New York, 11935 , for several years during my operation of garage, gas station, and fuel oil business. " Dated: December 6 , 1974 /s/ Edward W. Fox The accompanying survey indicates the portion of the property that is being leased; the bulk of it is being - leased to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? , MR. THOMAS A. DUFFEY: I feel that all my business will be conducted locally, I will be giving employment to people in the town of Cutchogue. I have already cleaned it up and cut down the brambles. I hired local people to do that. All the drums of oil and everything else were taken out. That' s the way I propose to keep it. I am a General Motors man, I know my business. The cars will be placed so you can open both doors of the cars. I may have 12 cars. . I would very much like to have this location if I may. THE CHAIRMAN: This is an application to conduct this type of business within 300 feet of a residential zone. Southold Town Board of Appeals -9- December 19, 1974 THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. JOHN MINERVA: I am a resident of Cutchogue, and President of Fleets Neck Property Owners Association. I was aware of the fact that Mr. Fox had a gas station. I don't think he had used cars. He sold cars as they came in. I don't think it was primarily a used car lot. It is not 300 feet away from a residential area. THE CHAIRMAN: That' s the reason for this application. He, Mr. Duffey, had an application in for this type of use, a special exception, which is really a required exception as far as this Board is concerned if the applicant meets the criteria in a "B-1" zone for 500' or 600' to the next garage. There are two applications here. One is Mr. Duffey' s application to conduct this use and the other, this one, is to conduct use within 300 feet- of a residential zone. MR. MINERVA: I don't think it would enhance the neighborhood. It' s all open land. We will have a place like Valley Stream. I feel it' s the beginning of what happened there. I don't feel this area calls for this r3`y ' type of business. THE CHAIRMAN: He proposes to limit the number of cars. MR. ROBERT BERGEN: I think he asked for 12 or 15' cars. THE CHAIRMAN: Mr. Duffey doesn' t plan to do anything but handle 12 used cars . The property was used for this purpose before. He is not going to sell gas and there will be no repairs done on the property. It will not be like other used car lots that are in existence. THE CHAIRMAN: Does anyone else wish to speak against this application? MR. ROBERT VANDERBECK: I am a Director of the Fleets Neck Property Owners Association. I lived in Nassau County for many years. I have seen that used car lots do not enhance any area. I think it would be unsightly. I have not heard anything about strings of lights. MR. DUFFEY: There will not be any strings of lights. MR. VANDERBECK: I am a resident of Cutchogue and have lived here for three years but have been coming out to Cutchogue for 40 years . I like Cutchogue, I think it i is beautiful. When you come from. the west to the east it is quaint and to come upon a used car lot, it strikes me, it is no enhancement of the area. s Southold Town Board of Appeals -10- December 19 , 1974 r THE CHAIRMAN: This is a "B-1" zone. It extends down Pequash Avenue to the next garage. DR. ROSENFELD: I live in what was once Dr. Howard' s house. Does that land have access to the Main) Road? When the gas station was there before they had U-Haul trucks and access to the Main Road. .THE CHAIRMAN: One of our conditions will be that this business ahould be conducted at least 35 feet from any property line. The building looks as if it is 25 feet from the street. This is the second abandoned gas station that Mr. Duffey has applied for. He does not want to sell gas. It was his suggestion that any business would be conducted 35 feet from the front prop- erty line which means that cars would be placed 35 feet from any property line whether it is on Main Road or Pequash Avenue. DR. ROSENFELD: I am not in favor- of this. -_. I have been_. coming here since the .end of the first World War. When we came here my wife, who is an artist, thought she would start a little gallery and we were told we could not. This seems to me to be an opening wedge. THE CHAIRMAN: Zoning followed old business uses. THE CHAIRMAN: Are there any other questions? If not, I will offer a resolution granting this application.: After investigation and inspection the Board finds that applicant requests permission to use pre-existing business property surrounded -by residential area on Main Road, Cutchogue, New York. The findings of the Board are that the. use which applicant proposes has been a pre -existing use for many years at this location which is situated less than 300 feet from a residential area. The Board feels that to prohibit this limited use of property would, to some extent, deprive the owner of use of this "B-1" zoned property. The Board finds that strict application of the 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 this 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. Southold ..Town Board of Appeals -11- December 19, 1974 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Thomas A. Duffey, President, T.A.D. Auto Sales, Inc. , Main Road, Cutchogue, New York be GRANTED permission to use pre-existing business property surrounded by residential area on Main Road, Cutchogue, New York, as applied for. Vote of the Board: Ayes:- Messrs : Gillispie, Bergen, Grigonis, Hulse, Doyen. Decision of the Board on Appeal No. 1964 , Thomas A. Duffey, President, T.A.D. Auto Sales, Main Road, Cutchogue, New York was postponed on December 5, 1974 to December -19, 1974, THE CHAIRMAN: This appeal was for a special exception. The type of business you are conducting has to be permitted by special exception. I have since learned that the zone extends for considerably more than 400 feet. (The Chairman read from - � the minutes of December. 5th) . * "The type of business you are conducting has to be permitted by special exception. The particular type you are conducting "used car business" along with garages can not be conducted within 300 feet of a residential area, and I believe this is zoned 175 feet deep. I don' t believe the zone extends 500 feet or 400 feet. " I think the Ordinance is unduly restrictive because there is no place you can find "B-l" zone that is not within 300 feet of a residential area. A more or less arbitrary figure was set up. This Ordinance has since been revised without giving .due consideration to the fact that this would limit business zones. After investigation and inspection the Board finds that applicant requests permission to (a) conduct a used car sales business, (b) to erect a second sign on premises located on Main Road, Cutchogue, New York. The findings of the Board are that applicant has submitted a revised sketch as requested by the Board on December 5th, and has applied for a variance concerning the stipulation of the Ordinance 11300 feet from a residential area" . The Board finds that this is a pre- existing use and agrees with the reasoning of the applicant subject to restrictions. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property. and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. Southold Town Board of Appeals -12- December 19, 1974 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Thomas A. Duffey, President, T.A.D. Auto Sales, Inc. , Main Road, Cutchogue, New York be GRANTED permission to (a) conduct a used car sales business and (b) to erect a second sign, on premises located at Main Road, Cutchogue, New York, as applied for, subject to the following restrictions: 1. That applicant shall, at no time, have more than fifteen (15) cars for sale on the subject premises. 2 . That no cars shall be displayed within thirty- five (351 ) feet of Main Road. 3 . That no wrecks shall be stored on the premises. 4. That no repairs, other than minor .ones, shall be conducted on the premises. 5. That applicant shall maintain a green hedge on the westerly boundary of the property to buffer the residential zone. 6. That no further business may be established on these premises other than the existing one of the glazier and the used car business of the applicant. 7 . The second sign which has been granted is a 2 ' x 4 ' illuminated sign, attached to the building, as required by New York State Depart- ment of Motor Vehicles. Vote of the Board: Ayes :- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 1984 - 9 : 00 P.M. (E.S.T. ) upon application of Bouton Services, Inc. , Crescent & Fox Avenue, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100=70 and Bulk Schedule for permission to divide lot with . existing buildings. Location of property: Crescent Avenue, Fishers Island, New York, bounded on the nother by Figall; east by Zabahonski; south by Crescent Avenue; west by P. & S. Edwards. Fee paid $15. 00. U � - Southold Town Board of Appeals tti� y `"'` la��' MAIN ROAD - STATE ROAD 25 S❑UTHOLD, L.I., N.Y. 11971 d E TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI June 15 , 1983 Irving L. Price, Jr. , Esq. 828 Front Street Greenport, NY 11944 Re: Appeal No. 3127 - Hildegard Morand Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval ,,,of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802) . Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda F. Kowalski Copy of Decision to Secretary Building Department Greenport,NY,for a Variance 100-60 (A)` '(B) 'for. ,;he Zoning Ordinance, to truct a new Peconic,NY;County Tax,Map Hearing DOROTHY REISE ae III,Sections 100-23 and permission ell ng in tnisB-Light ^�.P 8 25 NoOOA8616. :.. r 100-32 for permission:to re .P pp ication of (Owner) and RIt REALTY locate accessory structure m Business.District at 860 Main i JOHN AND JANET _. : CORP. (Contract Vendee)by the front/side yard areas at ' Bayview Road,Southold,NY; FLOWERS,400 Conklin Road Rudolph H. Bruer, Esq County Tax Map Parcel No Mattituck NY for a Variance Tennis court and garage on a Heathulie Avenue, Fishers 1000707-16.2. to the. Zonin vacant parcel.- East Hyatt Island,NY;Minor Subdivision 7:55 g Ordinance, Road,Southold,NY. Map of Smith-Hilliard N155, P•m: Application oft Article III, Section 100-32 for )',,Lot 3; more ALFRED AND ZINA HULL,: Permission to construct Any persons•.desiring to be f- known as County Tax Map No 333 Pearl Street, New York,:•- garage in the frontyard area heard concerning the above e NY 10038 f matters should appear at the 1 9-6-5.2: - € , or a Variance to the =at 400 Conklin"-Road , ., Zoning Ordinance Article XI Mattituck NY Garden times and place above noted :35 p.m. Application for ' If additional information is HILDEGARD MORAND, by'_. Section , 100-118E - for Heights Subdivision Map 577 permission to reconstruct and Lots 24 and 25 Count Tax 'needed,please contact Linda Irving L. Price, Esq., 828 Y Kowalski, Secretary of.the Front Street Greenport, NY alter existing building which"""'Map Parcel:No.=1000=139-04 Board of A P �Y` would exceed 50% of the fau•: 006:: Appeals, at 765-1809 :. .for a Variance to the Zoning (or765-1802). Ordinance,Article III,Section market value of this structure, 8:30 p.m. Application for _ DATED:April 27,1983. 100-34 for . permission to -requiring a- variance_ to" , RICHARD E. SULLIVAN by construct-addition;--attaching `continue or,reinstate a second David .S. Horton, Kouros BY ORDER OF nonconforming accessory dwelling .unit in this "A Road,New Suffolk, NY fora THE SOUTHOLD TOWN Residential"District, at 3630:".:.%Variance to the Zoning BOARD OF APPEALS =_ . tructure,, ; leaving ' an Soundview Avenue, Peconic,' Ordinance,Article III,Section GERARD P.GOEHRINGER insufficient sideyard setback NY;.County Tax Map.Parcel: 100-31; Bulk-.Schedule for CHAIRMAN gay (as a principal structure) at N__o.1000-68-04-004 1TM12-4247 ' 'ku 935 = Old Shipyard:.,Lane, permission to deck tr ,:Southold, ".NY; = Founders 8:05 p.m. Application of which will exceed the $OUTHOLD LUMBER CO , : :`maxinitim lot co_vera a of ` Estates.Map 834, Lot 107INC. Youn s Avenue,,.._,.existin and propose2h� County Tax Map Parcel No gg "" 000 64-05-021. Southold;NY, for a Variance.--"'structures,at 440 Third Street,:, 7:40 p.m. Application of ,'.to the Zoning Ordinance, New Suffolk;NY; County Tax WILHELM & SILKE Article XI, Section 100-119B MapNo..1000-117' 020. for permission to erect fence 8:35 p.m. Application'of gikKEN, 75 Carroll Street, exceeding 4' in height along JACK LEVIN, 59670 C.R. 48, Iy�`NY•��Foryarianc to the 'Zoning :Ordinance, - froptgard�area of.these Greenport;NY,for a Variance, Article III, Section 100-31 ;Premises more particularly ;Y to`the "Zoning Ordinance, , Bulk Schedule,for permission known •as `675 Boisseau "Article` III, Sections 100- to construct new dwellin with Avenue,Southold,NY;Count 30(B)[11 and:. 100-31 for 1 / / an 'insufficient frontyard Tax Map No.1000-63-02-030 1 `; permission to use the existing setback;at Osprey Nest Road, 8:10 p.m. Application of dwelling for two-family use x Cleaves Point,Section I;'=Map- :Road Pecon cIIENRY E�NY5forellaf - Ie so than nd-dw lli reunit quired 850. _ -� 2752, Subdivision Lots 14 and .:Variance to-- the' Zomng rsquare feet of living area, at �'�� LEGAL NOTICE 15, at Greenport; County Tax ;"Ordinance, Article 100-32 for 59670C.R.48,Greenport more d ��� 3� NOTICE: IS IEREBY 7 Map Parcel No.,1000-35-6-22, , GIVEN, pursuant to Section � 23,24.,;. permission to construct _:particularly identified as 267_:of.the Town Law and the 7:45 p.m. Application of: accessory storage building in County Tax Map No.1000-44-4-: rovisions of the Amended .r„ BURKE E. LIBURT, 1420 the front and side yard area at ': 5: _ of the Town of Southold, King Street, Orient, NY, fora 2615 Wells•Road,Pecomc,NY, 8:40 P.m.,Application of..- `Code� a Regular Meeting and the .$ -Variance•-to the Zoning County Tax Map Parcel No JACK LEVIN,-North Road, followin Public Hearings will z =Ordinance,Article III,Sectio 10�086 02-1.2. Greenport, NY; for a,Speci ` ''` be held by the Southold Towne :>100-32 for permission to 8:15 p.m. Application for Exception- to .the Zoning Board of Appeals at the ROBERT T. KROEPEL r:construct accessory horse . , ;,Ordinance,Article III,Section Southold Town Hall Mam . , barn in the sideyard area at_: D.D.S. by Rudolph H. Bruer, ."100-30(B)[11 for permission to Road,Southold,New York,on 1420 King Street, Orient, 1VI';_: Esq., Main Road, Southold,;a :convert existing dwelling into FRIDAY, MAY 27 1983 Count Tax Ma Parcel.No..: NY for a Variance to the „...two-family-dwelling use on a commencing at 7:30 p.m. and County Tax p` -Zoning Ordinance,Article III, ., .minimum'two-acre parcel as follows: .: `7:50. P.M. Application of Section 100-31 for approval of -'-located at the south side of 7:30 P.M. Application for ,` JOHN GRIGONIS, Main Bay- two proposed parcels having C.R.48,Greenport,NY; more - REV. WILLIAM J view Road,Southold, NY, for. approximately 37,069 square ` particularly identified as -HILLIARD b Irvin L a Variance to the Zoning feet in area and 120.85 feet of County Tax Map Parcel No. Price, Esq.;828 by St eet, Ordinance,_Article VI Section ;road frontage, at the north 1000-44-4-5.. side of Indian Neck Lane 9:00:; P.M.- ,.Recessed STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK ) .......jza"...W.......Gus.tausom..................of Greenport, in said County, says he/she is a representative of THE SUFFOLK TIMES, a weekly newspaper,published at Greenport, in the Town of Southold, County +Mai of Suffolk,State of New York,and annexed is a printed copy that has }� been regularly published in said newspaper once in each week for.....Pag......... week(s) successively, commencing the.....l2.thday of.. ..Ma-y................. 19.. ...82.. uot .. ............................................................. aa� 12 th �u Sworn to before me this............................................ aday of...........Aga.y............................ 19.............8.3.................... l� HELEN K. DE VOE NOTARY PUBLIC,State of New York No.4707878,Suffolk County / U Term Expires March 30, 19-Z.5 Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals at the Patricia Wood, being. duly sworn, says that she is the Southold Town Hall, Main Road, Southold,New York, on Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, �FRIDAY, MAY 27, 1983 com- "mencing at 7:30 p.m: and as a Public newspaper printed at Southold, in Suffolk County; follows: :: and that the notice of which the annexed is a printed copy, 7:30 p.m. Application for has been published in said Long Island Traveler-Watch- REV.WILLIAM J.HILLIARD, by Irving L. Price, Esq., 828 man once each week for ....................... ..............weeks Front Street,Greenport,N.Y.,• �( for a Variance to the Zoning successively, commencing on the Ordinance, Article III, Sec-., tions 100-23 and 100-32 for day "'7............................. 19..��.. permission to relocate acces- .. ................... sory structure in the front/side yard areas to Heathulie Aven- ue, Fishers Island, N.Y.; Mi-: nor Subdivision Map of Smith- Hilliard #155, .Lot 3; more, 'particularly known as County Tax Map .No. 1000-9-6 -5.2. Sworn to before me this .............. ...�........ day of :35 p.m. Application for HILDEGARD MORAND, by ........... ,�.................... 19........ Irving L. Price, Esq., 828 Front Street, Greenport,.N,Y.' for a Variance to the Zoning ,.Ordinance, Article III, Section 100-34 for permission to con- struct addition, attaching*non ;Rr � C' �•....... ... .................... conforming accessory struc- Notary ublic ture, leaving an insufficient "sideyard setback (as a princi- CI-S ME NT J.oP9OMpSohd pal structure), at .035 Old i�OTARY PUBLIC,State of New York Shipyard Lane, :Southold., t.'o.32 532172; N.Y.; Founders Estates Map uor]fliis�Yesiding in Suffelk coujjiy 834,Lot 107; County Tax Map Sl n £xislras i':'nPC,P "1. )3 g Parcel No. 1000-64-05-021 0 p.m. Application of ,WILHELM & SILKE FRANK - .7$._Carroll Street, Brook- lyn;NAUor a Variance to the Zoning Ordinance,Article III, Section 100-31,Bulk Schedule, for permission to construct new dwelling with an insuf- ficient- frontyard setback, at Osprey Nest Road,'-Cleaves Point Section .11'-Map 2752, Subdivision Lots 14 and 15, at Greenport; County Tax Map Parcel No. 1000-35-6-22, 23y 24. •7:45 p.m. Application of BURKE E. LIBURT, 1420" King Street, Orient, N.Y., for a Variance to the Zoning. Ordinance, Article III, Section 100-32 for permission to con- struct accessory horse barn in the sideyard area; at' 1420 King Street,'•Orient, N.Y.; .' County.Tax Map-,,.Parcel No.. 1000-026-02-040 7:50 p.m. Application of # I— JOHN GRIGONIS, Main Bay--'- view Road,Southold,N.Y.,for a''Variance to :,'the 'Zoning Ordinance, Article Vl, Section 100-60 (A)'.& (B) for permis- kion'to construct a new dwell- is`in this B-Light Business• District at 860 Main Bayview Road, Southold, N.Y.; County Tax Map Parcel No. 1000-70-7- 16.2. 7:55 p.m. Application of ALFRED AND ZINA HULL; " 333 Pearl Street, .New York, N.Y: 10038, for a Variance to the Zoning Ordinance, Article M, Section 100-118E for per- mission to reconstruct and. alter existing building which would exceed 50% of the fair market value of this'structure, requiring a variance to con- tinue or reinstate a second- dwelling 'unit in this "A- Residential" District, at 3630 Soundview Avenue, Peconic, N.Y.; County Tax Map Parcel., Copies to the following on or about Wednesday , May 11 , 1983 : Personal Delivery: L. I. Traveler-Watchman 5/10/83 Suffolk Times 5/10/83 Supervisor' s Office Town Clerk Bulletin Board Chairman, ZBA & members Town Board members Vic Lessard Building Inspectors By Mail Irving L. Price, Jr. , Esq. for Rev. Wm. J. Hilliard Hildegard Morand Mr. and Mrs. Wilhelm Franken and Mr. John Geidemann Mr. and Mrs. Burke E. Liburt Mr. John Grigonis Mr. and Mrs. Alfred Hull Southold Lumber Co. , Inc. Mr. Henry Pierce and Mr. John Geidemann Mr. and Mrs. John Flowers Mr. Richard E. Sullivan Mr. David S. Horton Mr. Jack Levin Rudolph H. Bruer, Esq. for Robert T. Kroepel, D.D. S. Dorothy Reise/Rial Realty Corp. Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TowN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 26, 1983 To : Southold Town Zoning Board of Appeals From: Judith, T. Terry, Southold Town Clerk. Transmitted herewith is Zoning Appeal No. 3127 application of H'i`ldegard Morand for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y. S. Tidal Wetlands ,Land-Use; Notice of Disapproval from the Building Department ; and survey. Judith T, Terry Southold Town Clerk IRVING L. PRICE, JR. ATTORNEY AT LAW 628 FRONT STREET OREENPORT, L. 1., N. Y. 11944 AREA CODE 516 TELEPHONE 477-1016 April 25, 1983 Town Clerk Town of Southold Main Road Southold, New York 11971 Re: Appeal Application of Hildegard Morarid Gentlemen: Enclosed please find: (1) Notice of Disapproval (2) Application in triplicate (3) Four (4) copies of survey (4) Short Environmental Assessment Form (5) Wetlands Letter (6) Notice to Adjoining Property Owners, together with certified mail receipts (7) One (1) copy of building plans (8) Check in the amount of $25.00 Please place this matter on the Board of Appeals calendar for the next scheduled meeting, and inform me of the date and time of hearing. If you have any questions, please do not hesitate to contact me. Very tr ly yours; ILP:kk Enclosures R110EIVEA IAPR;261993 TOWN OF SOUTHOLD, NEW YORK Town Clot!$ to'AW FROM DECISION' OF BUILDING INSPECTOR APPEAL NO. l C2 7 DATE April 25, 1983 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 ( HILDEGARD MORAND of 935 Old ShiXard Lane Name of Appellant-. Street and Number Southold New.York ...HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ............ DATED 31, 1983 WHEREBY THE BUILDING INSPECTOR DENIED TO HILDEGARD MO RAND ................................................................................. Name of Applicant for permit of 935 Old Shi and Lane Southold New York ............ ... .�?X....................... ......... ............................ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (xx) - BUILDING PERMIT 1. LOCATION OF THE PROPERTY935 Lane Residential—Agricultural .............. Suffolk County Tax Map No. Street Use District on Zoning Map 1000 - 064 - 05 - 021 ................................................................................. Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-34 as amended February 1, 1983 (set backs) 3. TYPE OF APPEAL Appeal is made herewith for (X3 . 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 (kit(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. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x4 A Variance to the Zoning Ordinance is requested for the reason that Foizn ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because house and unconnected garage are .located on a 75 foot frontage lot (Lot #.107, Map of Founders Estates, filed as Map Number 834 and .owned by applicant since. 1973) . House is 10 feet from north side line. Garage is 13 feet 8 inches from house and about 8 feet from south side line, a total of 18 feet set back from side lines instead of required 26 feet 3 inches. Applicant has severe arthritis of the knee. Laundry is presently in basement— Applicant wishes to build laundry room, bath and side entrance to garage. The . laundry on the ground level would enable her to use it with knee condition. ' Niece resides with 'hbr and another bath would be a real convenience. Garage now can only be entered or left by front garage doors. In winter it would be better to avoid weather and would make an electric door opener practical: 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because this house and garage are located as they are. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the overall width of the two structures would not be increased nor would the existing side line setbacks be changed. HILDEGARD MORAND STATE OF NEW YORK ) . ) ss By: ... ...... ................. COUNTY OF SUFFOLK ) Signature Irving L. Price, Jr. , Attorney at Law Sworn to this ...:........ of... ................................... 1983 Notary Public VA KAT14Y M.KLINGE %OTARY PUBLIC,State of New York No.52.465759Z Su iota C001ity , 9 Commission Expires hiarer, 3U, , BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of HILDEGARD MORAND NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Donald B. Gross & wf William R. Orgass & wf Andrew P. Krupski Anna L. Werner YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (5pMMV-FW ) (mom) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows:935 Old Shipyard Lane, Southold, New York— Bounded North by land of Gross; East by land of Krupski and Werner; South by land of Orgass; and West by,Old Shipyard Lane. Designated on the Suffolk County Tax Map as District 1000, Section1064, Block 05,• Lot 021 3. That the property which is the subject of such Petition is located in the following zoning district: Residential—Agricultural 4. That by such Petition, the undersigned will request the following relief: Permission to construct laundry room and bath with connecting side entrance to garage. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-34 as amended February 1, 1983 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. (516) 7E;5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the.Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for.the publication of such notices;that you or your representative have the right to appear and be heard.at such hearing- Dated: April 25, 1983 H I LD ARD MORAND By Petitioner ruing L. Price, Jr. , Attorney at Law Post Office Address 828 Front Street Greenport, New York 11944 r PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Donald B. Gross & wife Old Shipyard Lane Southold, New York 11971 William R. Orgass & wife Old Shipyard Lane Southold, New York 11971 Anna L. Werner 1450 Town Harbor Lane Southold, New York, 11971 Andrew P. Krupski 7 Helm Avenue Extension Miller Place, New York 11764 STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) KATHY M.. KLINGE residing at North Road, Southold, New :Ybrk being duly sworn, deposes and says that on the oar day of April 119 8 , 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 Southold ;that said Notices were mailed to each of said persons by (certified) (x0gi5=a* mail. KATHY KLINGE Sworn to before me this pG��J" day of Aril . 19 83 lG �.O 1 .Notary Public DORIS M.GANNON NOTARY PUBLIC,State of N Y Suff Co.No.4701594 term Expires March 30, 19�'3 SHORT ENVIROiv'MENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF is is assumed that the preparer will use currently available information concerning the project and the rn likely impacts of the action. It is not expected that additional studies, research 0 or other investigations will be undertaken. 0 i (b) If any question has been answered Yes the project may be significant and a Ln completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? . . . . . . . Yes X No rn 2. Will there be a major change to any unique or unusual land form found on the site? . . . . . Yes X No z 3• Will project alter or have a large effect on an existing body of water? Yes x No 4. Will project have a potentially large impact on O groundwater quality? . • . . • . . . • . Yes X No 5• Will project significantly effect drainage flow 0 on adjacent sites? Yes x No 6. Will project affect any threatened or endangered b plant or animal species? Yes x No O 7. Will project result in a major adverse effect on �- a air quality? • • • • • • • • • • • . Yes X No 8. Will project have a major effect on visual char— acter of the community or scenic views or vistas. known to be important to the community? . . . Yes x No 9. Will project adversely impact any site or struct— ure of historic, pre—historic, or paleontological N importance or any site designated as a critical Q4environmental area by a local agency? Yes _X No 1:4 10. Will project have a major effect on existing or 4-4 future recreational opportunities? Yes X No 0 .o 11. Will project.result' in major traffic problems or �4 cause a major effect to existing transportation Osystems? Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb— ance as a result of the project's operation? Yes X No O 13• Will project have any impact on public health or safety? . _. M_ Yes X No 3 14. Will project affect the existing community by 0 0 directly causing a growth in permanent popula— tion of more than 5 percent over a one—year b period or have a major negative effect on the 0 character of the community or- neigh orhood? . Yes X No � 15. Is there pub 'c controvers, ern' g the project? Yes x No O PREPARER'S SIGNATURE: r TITLE: Attorney at Law REPRESENTING: Hil egard Moran DATE: April 25, 1983 9/1/78 - April 25, 1983 (Today ' s Date) To: Southold Town Board of Appeals Plain Road Southold, NY 11971 Re: Appeal Application of Hildegard Morand Location of Property: 35 Old Shipyard Lane Southold, New York 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) ( ] flay 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. * ( ] Play 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. - (xx] Is not located within 300 feet of tidal wetlands to the best of my knowledge. * [Starred items ' (*) indicate your property does not appear to fall within the jurisdiction of the N .Y.S . D.E.C. ] Sincerely yours, (Signat re please) ` NOTE: If proposed project falls withdn D.E.C. jurisdiction, approval must be received and . submitted to our office before your application can be scheduled for a public hearing. -7 A I vq IR 00 J+Ill C_I-C;�� -M /^ArC-+; CD "K E::Y.'r. e,— M�95:.- H. t r-i<Z,(:rv I Co F- S-S 4+ _XT tFAC-14-CL t ri Z�u As _r - - =C>FrLit-I-f- �T 'f� CPO M,C>f-r ...........it, cy r4 L I C>M. 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R DRAWING NB - SCALE , EVISED Main Road P.O. Box 1412 Southold N.Y..11971 DATE 516 - 765 - 5455 DRAWN BY Ap '. PROJECT No 82)! I m I e F a � .�.,..._•_....�....�..,._...-__...._.. .,_--..._._.......�- �.. � ..__ _.._...�..-..ter..... rr 1= 7EEB ❑o o o a EIF] o r = -]F]nF] h r Gad, 01 p �fl- �31a7 TITLE--" ..5 �t/ -vR � ,I�.J t' .ALRA�� G/,r`� 1 LOCATION i. S LLD -v H L,��I �. architect SCALE REVISED DRAWING No Main Road P.O. Box 1412 Southold N.Y. 11971 DATE /i1ARH i t f 983 516 - 765 - 5455 DRAWN BY ._. i .Y:A, RIC.HT"C-2 PROJECT N B