HomeMy WebLinkAbout3175 Pvt. Rd., F.I 10/27/83~//~
.... CA -c on st ~u.ct _ deta~c he d accy g a_~ a_g e f_r o n~% ~ i
yard area.
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g71
TELEPHONE (516) 765-180g
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3175
Application Dated September 28, 1983
TO: Mr. Michael F. Doyle, A.I.A. 506 East 84th Street
New York, NY 10028
(Public Hearing October 27, 1983)
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on October 27, 1983
the above appeal was considered, and the action indicated below was taken
on your [ ] 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
IX] Request for Variance to the Zoning Ordinance
Article III, Section 100-32
[ ] Request for
The public hearing on this application was also held on October 27,
1983.
Upon application for WILLIAM L. MUSSER, by Michael F. Doyle, A.I.A.,
as agent, 506 East 84th Street, New York, NY 10028, for a Variance to
the Zoning Ordinance, Article III, Section 100-32 for permission to con-
struct detached accessory garage in the frontyard area at premises known
as Lots 1 and 2 at Chocomount, located on a Private Road, at Fishers
Island, NY; County Tax Map Parcel ID No. 1000-004-05-5.4.
The board made the following findings and determination:
By this appeal, applicant is seeking permission to construct a
24' by 24' one-story accessory garage/storage building to be located
approximately 40 feet southeasterly of the existing one-family resi-
dence (near a'large bouIder). The premises in question contains an
area of approximately 2.2 acres and is more particularly identified
as a portion of Lots 1 and 2 at Chocomount, and Suffolk County Tax
Map Parcel District 1000, Section 004, Block 05, Lot 5.4. The
access to this parcel is along the cul-de-sac of the subject private
road, and due to the location of the existing residence the parcel
is substantially "frontyard area" as defined by Section 100-13 of the
Zoning Code. The board agrees that the area chosen for the location
of this accessory building is the most practical under the circum-
stances and particularly due to the topography of this land.
In considering this appeal, the Board determines: (1) that the
practical difficulties shown are sufficient to warrant the gran ing
of this application; (2) that the variance request is not substan-
tial in relation to the requirements of the zoning code; (3) that
the circumstances are u~i~ue; (~' that the relief requested will
be in harmony with and promote the general purposes of zoning; and
(5) that the interests of justice would best be served by allowing
the variance, as indicated below.
On motion by Mr. Do~en, seconded by Mr. Grigonis, it was
RESOLVED, that Appeal No. 3175, application for WILLIAM L.
MUSSER for permission to construct accessory garage/storage build-
ing in an area other than the required rearyard, BE AND HEREBY IS-
(CONTINUED ON PAGE TWO)
DATED: November 2, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
Page 2 - Appeal No. 3175
Matter of WILLIAM L. MUSSER
Decision Rendered October 27,
1983
APPROVED, SUBJECT TO THE FOLLOWING CONDITION:
That the subject building hot be used for habitable/living
quarters (only for storage or garage purposes).
Location of Property: Private Road, Fishers Island, NY;
Suffolk County Tax Map Parcel ID No. 1000-004-05-5.4.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was unanimously adopted.
IRECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
/~EP[AR.D P. GOEHRING~R, CHAIRMAN
November 2, 1983 /
F oor
Southold Town Board of Appeals 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 Zoning Board of Appeals at the Town Hall, Main
Road, Southold, NY on Thursday,' 'October 27, 1983 commencing at
7:30 o'clock p.m. and as follows:
7: 30 p.m. Application of WILLIAM L. MUSSER, by Michael F.
r32,
, A. I.A. , as agent, 506 East 84th Street, New York, NY 10028
Variance to the Zoning Ordinance, Article III, Section 100-
or permission to construct detached accessory garage in the
yard area at premises known as Lots 1 and 2 at Chocomount,
ed on a Private Road, at Fishers Island, NY; County Tax Map
l. ID No. 1000-004-05-5 . 4 .
7: 35 p.m. Application of 'WARRENAND ELLEN HUFE, by Marcia Z.
Hefter, Esq. , 108 East Main Street, Riverhead, NY for a. Variance
to the Zoning Ordinance, Articles VII, Section 100-60, and VIII,
Section 100-80 (B) [1] for permission to establish a machine shop
for manufacture of hardware, a use permitted in the "C-Light Indus-
trial" Zone. The subject premises is zoned "B-Light Business"
and is located at the South Side of C.R. 48, Southold, NY; County
Tax Map Parcel ID. No. 1000-59-1.0-005.
7: 45 p.m. Application of 'WARREN AND ELLEN HUFE, by Marcia Z. -
Hefter, Esq. , 108 East Main Street, Riverhead, NY -for a Special
Exception to the Zoning Ordinance, Article. VIII, Section 100-80 (B)
for permission to establish a "C-Light Industrial" use in this
"B-Light Business" Zone, at premises located at the South Side of
C.R. 48, Southold, NY; County Tax Map Parcel ID No. 1000-59-10-005.
7 :50 p.m. Application for GEORGE J. WIESER, by Garrett A.
Strang as agent, Box 1412, Southold, NY for a. Variance due to lack
of approved access, New York Town Law, Art. 16, Section 280-A,
over a private right-of-way located at the East Side of Harbor
Lane, Cutchogue, NY; premises in question: County Tax Map Parcel
ID No. 1000-97-06-010 .
Page 2 - Legal Notice
October 27, 1983 Regular Meeting and Public Hearings
Southold Town Board of Appeals
7: 55 p.m. Rehearing of Appeal No. 3139. Application of
ROBERT W. GILLISPIE III,' by Stephen R. Angel, Esq. , 108 East Main
Street, Riverhead, NY for a Variance to the Zoning Ordinance,.
Article VII, Section 100-71, Bulk Schedule, for approval of
insufficient area, width and sideyard setbacks of building in
this proposed two-lot division of property located at the
northeast corner of Main Road, and Beckwith Avenue, Southold, NY;
County Tax Map Parcel Nos. 1000-61-02-005, 006 and 007.
For additional information concerning the above matters, please
contact Linda Kowalski, Secretary, Zoning Board of Appeals, at
the Town Hall, 765-1809 (or 1802) .
DATED: September 29, 1983 . BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
(end of legal_notice_for_publicationI_
Instructions to newspapers: Please publish once, to wit,
Thursday, October 20, 1983 and forward one affidavit of publica-
tion to: Southold Town Board of Appeals, Main Road, Southold,
NY 11971, on or before October 26, 1983. (tel. 765-1809) .
------------------------------------------------------------------------x
Copies have been furnished to the following, on or about 10/14/83:
Mr. Michael F. Doyle, A. I.A. , 506 East 84th Street, NY, NY 10028
Mr. William L. Musser, 167 East 82nd Street, NY, NY 10028
Marcia Z . Hefter, Esq. , 108 East Main St, Box 279 , Riverhead, NY 11901
for Warren and Ellen Hufe
Mr. Garrett A. Strang, Box 1412, Southold, NY 11971, for George J. Weiser
Stephen R. Angel, Esq. , 108 East Main St, Box 279 , Riverhead, NY 11901
for Robert W. Gillispie III, and others
Suffolk Times, Inc.
L.I. Traveler-Watchman, Inc.
Vic Lessard, Building Dept.
Z .B.A. Members
Supervisor W. Pell
Individual ZBA files
.r FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
File No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . .f �l 7,�19 .
To
. 70
. . . . . .
PLEASE TAKE NOTICE that your application dated . . . . . . . . . . . . . . . 19 �3.
for permit to construct �l�rH C l�C!'r^ O F: G f1 . . . . . . . . . . . . . . . . . . . at
Location of Property ��/:Ii'A7L. . . � t'!'.1�. . . . .��Sllkl�S �S�(h.Nb .
House No. StreetLl Hamlet
County Tax Map No. 1000 Section . . . . . . . .I. . . . . . Block . . . . . . ... . . . . . Lot . :--:-�. . . . . . . .
Subdivision .F.I C.v. . . . . . . Filo&MapWo- . . . . . . . . . . . . . . . . Lot No. Z H D r0 M 0 U N 7
mac C
U11 biW G�
; ;�O f1�L
is returned herewith and disapproved on the following grounds . . ./.
N�.�. . . .c.F_ J .1:1.(. .tTL.I) . . .I.v. . ..77-!C. . . JNR. . . f1 !`: .' ', /1itT LI :. . .1nn` 3 ?—.
(�!>I 1 Y . . .(Ai. . . . . . C. . . ..I\'.I: r ? . . ... . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Building Inspector
RV 1/80
Ng
W4
. 'EC:EEVE,L5 TOWN OF SOUTHOLD, NEW YORK
SCP,&R,EA$ROM DECISION OF BUILDING INSPECTOR APPEAL NO.
Iowa Clork Southold DATE ..(�'�t ��[.i.•.....��a 7
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (V/ag .William,L.„Musser .........................o f 167 East 82nd Street .
Name of Appellant Street and,Number
P1e« York City N'Y...........HEREBY APPEAL TO
............................................................................................. .................
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED: 25 Aug.83FOR:
WHEREBY THE BUILDING INSPECTOR DENIED TO
William L. Musser, Jr.
.................................................................................
Name of Applicant for permit
of 167 East 82ndsStreet N.Y.C. N.Y. 10028
.........................................................,.................................................................
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( PERMIT TO BUILD Detached Accessory Garage
Chocomount Fishers Island
1. LOCATION OF THE PROPERTY ..................... �......... .................................. !a! .....
... ......... ........ ..... ..
Street and Hamlet Zone
Jr
#1000/Section 4/Block 5/Lot 5.4 OWNER (S) : .William L.
. . . . . . . .er,. . .. . . . .
.................................................................................
Map No. Lot No.
DATE PURCHASED:
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 100-32
3. TYPE OF APPEAL Appeal is made herewith for
( A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has) (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
( ) A Variance to the Zoning Ordinance
is requested for the reaisn on that we would like to Build an accessory detached garage
the front yard.
Form zBi (Continue on other side)
J
REASON FOR APPEAL Continued
1. STRICT ;APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
so ry'HARDSH I P because
The steep topography of the property leaves only this front location for a
garage in relation to the private access road to the site.
2. The hardship created is UNIQUE and is not shared by all .properties alike in the immediate
vicinity of this property and in this use district because
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
1. The nature of this site is that it is off a private road, hidden from
surrounding property owners.
2. The home of the neighbor to the west is down the hill and out of view of
this proposed garage.
3. The edges of the site and all a4jacent properties are heavily wooded. Even
in winter when leaves are down, one would barely see this structure from the
public road.
.STATE OF..NEW YORK )
ss fignature
..... .. ..................
COUNTY OF �Q
Sworn to this .............. ....................... day of.......... 'C ....... 19 9
*0 .4GA7/7- FDR-
.............
Notary Public
MARSHA E. THOMPSON
Notary Public, State of New York
No. 41-4679873
Qualified in Queens county
cent. filed in New York County
Commission Expires March 30, 193�
26
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Southold Town Board of Appeals
•0;1, 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
November 2, 1983
Mr. Michael F . Doyle, A.I.A.
506 East 84th Street
New York, NY 10028 Re: William L. Musser Appeal #r~3175
r �
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 i
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) .
f
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosure By Linda F., Kowalski
Copy of Decision to Secretary
Building Department
• 4
Southold Town Board of Appea
ls
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 1197.1
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR. S.E.Q.R.A. September 29, 1983
SERGE DOYEN,JR.
ROBERT J. DOUGLASS NEGATIVE DECLARATION
JOSEPH H. SAWICKI
Notice of Determination of Non-Significance
APPEAL NO. : 3175
PROJECT NAME: WILLIAM L. MUSSER
This notice is issued pursuant to Part 617 (and Local Law #44-4)
of the- implementing regulations pertaining to Article 8 of the State
Environmental Quality Review Act of .the Environmental Conservation Law.
This board determines the within .project not to have a significant
adverse effect on the environment. Also,. please take notice that this
declaration should not be considered a determination made for any other
department or agency. which may also have an application pending for the
same or similar project.
TYPE OF ACTION: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION Detached accessory garage in frontyard
area.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Private Road, Chocomount, Lots 1 and 2, at
Fishers Island, NY. 1000-4-5-5. 4 .
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the Short Form has been sub-
mitted which indicates that no significant adverse effects to the
environment are likely to occur should this project be implemented as
planned.
(2) Project is landward of existing buildings and not located
in a critical environmental area.
FOR FURTHER INFORMATION, PLEASE CONTACT: Mrs. Linda F. Kowalski ,
Secretary, Southold Town Board of Appeals, Main Road, Southold, New
York 11971. Telephone : (516) 765-1809.
Copies of this notice sent to the applicant (s) or agent (s) and
other involved agencies [if any] and posted on the Town Clerk Bulletin
Board.
lb
. .
Parcel'ID No.1 00-004-05-5.4.-Y
''•'r- p.m. Application of
W EN .-,.AND ELLEN
H1 by Marcia Z. Hefter,
Esq., 108 East Main Street,
Riverhead,NY for a.Variance
to the Zoning Ordinance,
Articles VII, Section 100-60,
and VIII,Section 100-80(B)[11
for permission to establish a 4c
machine shop for,
manufacture of hardw%are, a
use permitted in the "C-Light « s
Industrial" Zone:The.subject ,
premises is zoned"B-Light d�
Business"and is located at the
South ,Side. of '.C.R. 48,
Southold, NY;"County Tax
Map Parcel ID No. 1000-59-10-
005 ' ti L,
r .,: air ;�:•�" „"
7:45 P.m.-Application of
WARREN>r ,.AND:;..ELLEN
HUFF;by'.Marcia.`Z::Hefter,
Esq., 108 East Main-'Street,
Riverhead,,NY for:-'a',,,Special a +
Exception :to the Zoning
Ordinance, ; Article �:VIII,..:;, s
Section 100-80(B) for".Pe
mission to 'establish a`':"
Light Industrial" use
"B-Light Business";;Zone;`at,ly°
Premises located at'the South
Side of C.R:.48,Southold,NY-
County.Tax,Map Parcel,ID
f No 1000-59-10-005 '" z aR
7.50 p m,L Application for. Ji7¢
f GEORGE. J. ',WIESER,,by
Garrett'A:'Strang as agent,
Box 1412, Southold,;NY foi ar
Variance ;due to; lack ''of
approved,access,"New.-York {F
Town Law, Art.,;16, Section
280-A, over.a private right-of r ` STATE OF NEW YORK )
;;wary located,at the East.Side of
Harbor Lane,Cutchogue;NY; ) SS:
premises in question::,;County''' ` COUNTY OF SUFFOLK )
Tax Map Parcel IIY No 1000GUSTAYS-
ON of Green
said Count Port, in
y, being duly sworn,says that he/she is
Principal Clerk of THE SUFFOLK,TIMES,a Weekl
p.m:..Rehearmg "of `' News Y
Appeal No:3139: Application Paper, published at Greenport, in the Town
of ROBERT,W.,.GILLISPIEi_.. of Southold, County of Suffolk and State of New
.,.,of
by Stephen R.,Angel;Esq:,' �:;
108 . East., "Main.;::;'Street, .; York, and that the Notice of which the annexed is
Riverhead,.NY for a:Variance a printed
o.the Zoning Ordinance, COPY, has been regularly published in
Article VII,. Section„100-71,. said Newspaper once each week for one (1)
Bulk Schedule,for;approva7-of weeks successively, commencing k the 2�
insufficient area`,'.*idth and.;"
sideyardsetbacks;of.building-,,: dayof October 19 83
in this . proposed. two-lot
division.of property+located at
the northeast.cornei." f Main
Road, and Beckwith;Avenue,.;
Southold,;,NY; County:;Tax
Map Parcel.Nos 1000 61 02 >
005,006 and 007 �'; Principal Clerk
For additional, nformation``K
. concerning the above matters;�„'
Sworn to before me this t
lease _ , contact
Kowalski, Secretary',{`Zoning$ day of O e r
Board of ppeals,A the 8 3
at Towt3,.
Hall,765-1809(or 1802).
DATED:September
THE SOUTHOLD TOWN
' ''
LEGAL NOTICE f� BOARD OF APPEALS
�` � NOTICE IS HEREBY P(GERARDP GOEHRINGER
r GIVEN,.pursuant to Section HAIRMAN
s; 267-of.the,Town Law and the
Provisions of the Amended '
:t ;Code of the.Town of Southold, I
^y a ReguIar_Meeting And the
1�., owing public hearings will
;be held y the Southold Town
Zoning Board of Appeals at
Town Hall Main Road
October d27?NY
commencing
"at 7:30
foil o'clock p.m. and as
o ws:
7:30 p:m.'Application of
WILLIAM L. MUSSER.
:'.Michael F. Doyle, A.I.A., as
"agent, 506 East 84th Street,
" New York,.NY 10028 for
Variance to the Zoning `--
Ordinance;Article III, Sec-
.. -Rion 100-32, for permission to
construct detached accessory .
:;,garage in the frontyard arena ;
.-,.at premises known as Lots 1
--' and 2 at Chocomount, located
J.
i
be held by the Southold Town r uin�_iu ivoou, being uuwy sworn, says mar sne is the
Zoning Board of'Appeals at Editor, of THE LONG ISLANn TRAVELER-WATCHMAN,
the Town Hall; Main Road,
Southold, N.Y. on Thursdav, a public newspaper printed at thold, in Suffolk County;
October 27, 1983 commencing and that the notice of which the annexed is a printed copy,
at 7:30 o'clock p.m. and as
follows: has been published in said Long Island Traveler-Watch-
7:30 p.m. Application of man once each week for '...........weeks
WILLIAM L. MUSSER, by """"""""""""""' G
Michael F. Doyle, A.I.A., as. successively, commencing on the
agent, 506. East.84th Street, ............. ...................
.....•'•"........
,.New. York,`N.Y.10028 for a;,-, rya c ,C:,,,
:Variance to the Zoning Ordin- ' day of ............. ....................................... 19........
ance,.Article III, Section;100-
32' for et ..... -permission to constru
fletached accessory garage in l
the frontyard area at premises
known as'Lots 1. and 2 at
Chocomount, „located on `a'Private Road, at Fishers Is-,
land, N.Y,; County Tax Map Sworn to before me this ................................ day of
.P arcel ID No. 1000-004-05-5:4."
7:35 _p'.m - 'Application ' of.
WARREN AND ELLEN HUFF, ............................................. 19..
.,by Marcia Z. Hefter, Esq., .
108 East Main 5treet,'River- '
`:head, N.Y.' for a Variance to",
the Zoning Ordinance, 'Ar-
ticles VII, Section' 100-60, and .................................. ... ......
VIII, Section 100-80(B)[11 for ' Notary blic
permission to establish a ma: ' 4a
chine shop for manufacture o
hardware,a use permitted in GL Pvtl fil�.71100"IPSON
the "C-Light -'`Industrial" rO7P�r2Y PtJSL1C,State ei R' c Yana
Zone. The subject remises is �'52-9321725
J p illio inv in SUffolk C3167iv
'zoned."B-Light Business'_and s✓ommission Expires Perch��
is located at the South Side of
,,C.R.48A_�_Sou4hold;_', �•N.Y.;__
County Tag Map Parcel ID No.
1000'5910=005.
:145 -p m.",Application of
`WARREN' :AND E'L L E N. .
HUFF,, by Marcia-Z. Hefter,'
Esq., 4108 East Main Street,
Riverhead;N.Y. for a Special
Exception-to the Zoning Or-
dinance, Article VIII, Section
100-80(B) 'for permission to
establish a 'C-Light Indus-'"
trial". use•ia'!this;"B-Light
Business" Zone, at premi§es': 46
located at the South Side o
C.R. 48, Southold,
County Tax Map Parcel ID No.
1000-59-10-005.
'.7:50 p.m., Application"for
GEORGE . J. . WIESER; 'by.
Garrett A: Strang as. agent, �( Ly�'.
Box 1412, Southold,N.Y.for a /� axzz ,Z`-
Variance due to lack .of ap-
proved access, New, `York
Town .Law,' Art`.','16, Section
280-A,over a private right'-of-.•
;;_,way located at the East Side of.3
Harbor Lane, -'Cutchogue,
N.Y.; premises in question:.
County Tag Map Parcel ID No
p.m. Rehearing of,
Appeal! No. 3139. Application -
of ROBERT W.GILLISPIE III
by Stephen R. Angel, Esq�
108 East Main Street, River-
head, N.Y. for a Variance to
the Zoning Ordinance, Article
VII, Section 100-71, . '.;Bulk
Schedule, ,for"..'approval of
insufficient area, width and
sideyard setbacks of building .
in this proposed two-lot divi-...
sion of property located at the
northeast corner- of. -:;:Main <
:-Road, and Beckwith Avenue,
Southold, N.Y.; County Tag
Map Parcel Nos. 1000-61-02= .
005, 006 and 007.
For additional information
concerning the above matters
please contact Linda Kowalski, _
Secretary, Zoning Board of
Appeals, at the Town Hall,
765-1809 (or 1802). y pd
DATED: September 29, 1983. • - _
- BY ORDER OF THE
SOUTHOLD TOWN
:s,r BOARD OF APPEALS nM
ono y
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
Ol �� TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
TO WHOM IT MAY CONCERN :
Concerning your recent application filed with our office, please
find enclosed a copy of the Legal Notice as published in the local and
official newspapers of the Town of Southold, to wit, the Suffolk Times
and the L.I. Traveler-Watchman indicating the date and time of your
public hearing.
Please have someone appear in your behalf at the time specified
in the event there are questions brought up during the public hear-
ing and in order to prevent any delay in the processing of your
application.
If you have any questions, or if you would like to review your
file prior to the hearing, please do not hesitate to either stop by our
office at the Southold Town Hall, or by calling our secretary, Linda
Kowalski, at 765-1809 (or, if no answer, 765-1802) .
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Ik
Enclosure
ry Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GQEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR. S.E.Q.R.A. September 29, 1983
SERGE DOYEN, JR.
ROBERT J. DOUGLASS NEGATIVE DECLARATION
JOSEPH H. SAWICKI
Notice of Determination of Non-Significance
APPEAL NO. : 3175 _
PROJECT NAME: WILLIAM L. MUSSER
This notice is issued pursuant to Part 617 (and Local Law #44-4)
of the implementing regulations pertaining to Article 8 of the State
Environmental Quality Review Act of the Environmental Conservation Law.
This board determines the within project not to have a significant
adverse effect on the environment. Also, please take notice that this
declaration should not be considered a determination made for any other
department or agency which may also have an application pending for the
same or similar project.
TYPE OF ACTION: , [XI Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION:. Detached accessory garage in frontyard
area.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Private Road, Chocomount, Lots 1 and 2, at
Fishers Island, NY. 1000-4-5-5.4 .
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the Short Form has been sub-
mitted which indicates that no significant adverse effects to the
environment are likely to occur should this project be implemented as
planned.
(2) Project is landward of existing buildings and not located
in a critical environmental area.
FOR FURTHER INFORMATION, PLEASE CONTACT: Mrs. Linda F. Kowalski ,
Secretary, Southold Town Board of Appeals, Main Road, Southold, 'New
York 11971. Telephone : (516) 765-1809.
Copies of this notice sent to the applicant (s) or agent (s) and
other involved agencies [if any] and posted on the Town Clerk Bulletin
Board.
�c-,3-1
F Mir
�®
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
September 28, 1983
To : Southold Town Zoning Board of Appeals
From: Judith T, Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No,' '3175 application of William L.
Musser 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. 40p,
J
Judith T. Term•
Southold Town Clem
Michael R Dovle, AIA 506 East 84th Street, New Yorl,, New York 10028 212-535'7006
18 August 1983
Building Inspector
Town Hall
P.O. Box 728
Southold, N.Y. 11971-0728
Re: William L. Musser House
Lots 1 & 2
Chocomount, Fisher Island, NY
Dear Sir:
On behalf of our client, William L. Musser; Jr. , we would like to
request a variance to build a detached accessory (garage) building
on the above noted site on Fishers Island, New York.
We cite the following reasons why we feel that this would be an accept-
able condition for this location:
1. The steep topography of the property leaves only this location
in relation to the public access road.
2. The owner of this property owns the adjacent building lot to the
East.
3. The home of the neighbor to the west is down the hill out of view
of this proposed garage.
4. The edges of the site and all adjacent properties are heavily
wooded. Even in winter, when leaves are down, one would barely
see this structure from the public road.
We would appreciate receiving the necessary forms to apply for this
variance as quickly as possible and would pay any "express mail" fees
- — necessary. If you have any questions, please do not hesitate to
call me collect at 212-730-1950.
Very trulv yours,
c
Michael F. Doyle, AIA
MFD/sm
� r;
Rt ' r�Win) TOWN OF SOUTHOLD, NEW YORK
SUPR p(LI M DECISION OF BUILDING INSPECTOR APPEAL NO.v/�
DATE ..ZO..Gl.. ..11S gl'
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
..............................of....J6.7..fast..82x�d. t. met.....................:..........
Name of Appellant Street.and.Number
......... ,New .York..City........................................................ N-Y:..........HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED: 25 Aug..83FOR:
WHEREBY THE BUILDING INSPECTOR DENIED TO
William L. Musser, Jr.
.................................................................................
Name of Applicant for permit
of
�tx:eet....>�z... .. ..........N..X....,.].QQ2&..........
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( X) PERMIT TO BUILD Detached Accessory Garage
1. LOCATION OF THE PROPERTY .,Chocomount, Fishers Island 1'
... ......
Street and Hamlet Zone
#;LQQQ/.S.QGti.Qn..4/. I.Q.Qk...5/1, t...5...4........... OWNER (S) . Will ianj A.. ;4.gsser:,. JA.. . . . .
Map No. Lot No.
_ DATE PURCHASED:
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 100-32
3. TYPE OF APPEAL Appeal is made herewith for
( X) 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 RY&) (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
( k) A Variance to the Zoning Ordinance
( X)
is requested for the reason' that ` we would like to Build an accessory detached garage
in the front yard.
- .. Form�ZBl�' • F ..
(Continue on"other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
The steep topography of the property leaves only this front location fora
garage in relation to the private access road to the site.
2. The hardship created is UNIQUE and is not shared by. all properties alike in the immediate
vicinity of this property and in this use district because
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
1. The nature.of this site is that it is off a private road, hidden from
surrounding property owners.
2. The home of the neighbor to the west is down the hill and out of view of
this. proposed garage.
3. The edges of the site and all adjacent properties are heavily wooded. Even
in winter when -leaves are down, one would barely see this structure from the
public road.
STATE OF NEW YORK )
. . . ) ss g.:. J. ...
COUNTY OF NW yQ ) Si na ure
Sworn to this ...........zis......................... day of...��f'���1 ............. 19 0�
AS 44154/T F®e-
Notary Public
MARSHA E. THOMPSON
Notary Public, State of New York
No. 41-4679873
Qualified in Queens County
Cert. filed in New York County
Commission Expires March 30, 198��
R CELVEO
SEEP 2 91983 TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM. DECISION OF BUILDING INSPECTOR APPEAL NO.
otiv� Cleric 5erstZostl
DATE
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (W96, ..William..L...Musser..............................of ...16.7..East.S2ad..Str&,et................................
Name of Appellant Street and Number
New Yor11 k. CitX...................................................... ..........N,Ye..........HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED: 25 Aug.83FOR:
WHEREBY THE BUILDING INSPECTOR DENIED TO
William L. ,Musser, Jr.
.................................................................................
Name of Applicant for permit
of
...162..Sa&t..S2n43Street...LI..Y.x......................................N.X......10028..........
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( X) PERMIT TO BUILD Detached Accessory Garage
1. LOCATION OF THE PROPERTY ..Chocomountr Fishers Island ... A
........................................ ..........
Street and Hamlet Zone
OWNER (S) . William •.Y yssQr.1. JX.,
Map No. Lot No.
DATE PURCHASED:
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 100-32
3. TYPE OF APPEAL Appeal is made herewith for
( X) 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. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (M) (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
andwas made in Appeal No. ................................Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(K) A Variance to the Zoning Ordinance
( X)
is requested for the reason that ' we would 'like to Build an accessory detached garage
in the front yard.
,`Forin .ZB1 (Continue on other side)
REASON FOR APPEAL Continued f
STRJCT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
_1 �
sar'y HARDSHIP because
The steep topography of the property leaves only this -front location fora
garage in relation to the private access road to the site.
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
1. The nature of this site is that it is off a private road, hidden from
surrounding property owners.
2. The home of the neighbor to the west is down the hill and out of view of
this proposed garage.
3. The edges of the site and all a4jacent properties are heavily wooded. Even
in winter when leaves are down, one would barely see this structure from the
public road.
t
STATE OF NEW YORK )
ssr.... ..... .. ......
COUNTY OF�J�Y0�) Signature
Sworn to this .........G.r7CT.�....................... day of........71. !.. ............ 19 46-
�.
Notar Public
MARSHA E. THOMPSON
Notary Public, State of New York
No. 41.4679873
Qualified in Queens County
Cert. filed in New York County
Commission Expires March 30, 198
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
NOTICE Af
TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. Th e intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a Variance Special Exception) (Special Permit) (Other) [circle choice]
2. That the property which is the subject of the Petition is located adjacent to your.propert .and is des-
cribed as follows: oN PR4\W-M ROAD AM -MP 45F GHOGO 6AoV�� .
oN R5HM5, (SLAWD . t JY
3. That the property which is the subject of such Petition is located in the followi21to-r
zoning district:
db wrl MAP lccy a SF -I r i�.I � p c(c, � -.
00
4. That by such Petition, the undersigned will request the following relief: TRAM T I15%
pEr��g.,� Be h "Ci wtb TV cawsrev�-r DOr��EDAC4FSS2�
/c9&6 f= t tJ' -ry4s Fe owr r=--D-,
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought:by the under-
signed are Article :M Section 16 O —Ir 2_
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) -7 5-1809..
7. That before the relief sought may be granted, a public hearing must be held o'n the,matfer by the
Board of Appeals; that a notice of such hearing must be,published at Jl ast fivq days.,prior to the date of such
hearing in,the Suffolk Times and in the Lon 'Island Traveler=Mattituck Watchman, newspg.pers;published_in the, `e
Town.of Southold and designated'f6r'ih,e.publication of such notices;that you or'your representative have the
right to appear and be heard at-such hearing. `:
Dated:' ZJ� �7 �••
WIL-L-1 AcM , 1- MUSS �.. .
Petitioner
Post Office Address
' t 7 tr4rST
ANTIN G AS -A6eAJ1":
Vogc-e Auk
k
5 d G -CACT 9 4't- ST
NYc N y 10CS-8 .
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME" ADDRESS
_ - f
449 2�32 0 P 449 232 052 449 232 ; -
P I p 449 , 23Z, 062
RECEIPT FOR CERTIFIED RECEIPT FOR CERTIFIED MAIL IPT FOR CERTIFi
NO INSURANCE COVERAGE PROVII NO INSURANCE COVERAGE PROVIDED— VSURANCE COVERAGE P1
RECEIPT FOR CERTIFIED MAIL
NOT FOR INTERNATIONAL MI NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONA NO INSURANCE COVERAGE ROVIDED—
(See Reverse) (See Reverse) (See Reverse) I NOT FOR INTERNATION L MAIL
Sent to �+ Sent to `J (See Reverse)
FjAE?—P DUAJAc-_5 Di I.Gil �i(JSI'�� ��(�i� 'I I��i� j Sent to {—
Street and No. Street and No. Ind No. S4blo e, 0 U 6d e—c.
`J1+U_L y f—P- �2_AW 6;l- G Street and No.
P.O.,State and ZIP Code P• State and ZIP Code [ate and ZIP Code
/ /vl ,VL�/�{f7�SS��'-��' �� ��5 (SC �, P.O.,Stator and ZIP Coda
1 A-Y It// �/'771
Postage Postage $ "o
Postage $ [7
Certified Fee Certified Fee 75' fd Fee
Certified Fee
Special Delivery Fee Special Delivery Fee Delivery Fee
Special Delivery Fee
Restricted Delivery Fee Restricted Delivery Fee ited Delivery Fee
Restricted Delivery Fee
Return Receipt Showing Return Receipt Showing Receipt Showing
to whom and Date Delivered m and Date Delivered Return Receipt Showing
R whom and Date Delivered Return Receipt Showing to whom, Receipt Showingtowhoml to whom and Data Delivered
Return Receipt Showing to whom,
Date,and Address of Delivery Date,and Address of Delivery nd Address of Delivery Return Receipt Showing to whom,
00
00 *6�Y $ L Postage and,Fe" ''I Date,and Address of Delivery
TOTAL Ponta a `" ,
TOTAL Postage and Fees � � � ,, (� g � r , o,
TOTAL Postage apd P., $
P. Postmark or Data" >', k. Postmark o?[4� a +� - srk or Date p
Postmark orVeen faa�
co
ME
Go
R ioc
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W o
STATE OF NEW YORK )
COUNTY OFrn� ss.:
k1c"L_ piA N' WILA4, :AA residing at 9 6 C. 9 1�D°�C. /J,� 100 Z ?
being duly sworn', deposes and says that on the 7-5?_ day
of , 19 -J3?2_, 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 Wr-J7'-r lei PP 5- , QVC ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to before me this -` A-s &gwr A% Wla G.WCAZ 4
day of , 19 OR
.. ii
Notary Public
86T .10e 43
aeW.sajldxj.uolssrtuwo0 ;
f4urlo0 11JOA MaN ul pally .:Poo
i. Auno0 suaanb ul pal;gent)
£L861-9V•TV 'ON
NJOA nnaN #O ate$S lollgnd fle;ON
NOUV401141 '3 VHSdVV4
Michael R Dovle,AIA 506 East 84th Street, New York New York 10028 212-535 7006'
28 September 1983
Southold Town Board of Appeals
Att: Ms. Eileen Carey
Town Hall
Main Road
Southold, N.Y. 11971
Dear Ms. Carey:
I am the architect representing William L. Musser, Jr. in his
attempt to get a variance to build a garage in the front yard
of his property on Fishers Island, New York.
Since I could not reach Ms. Kowaski during the last few days,
I am sending this appeal application to your attention. Because
of an illness in my family, I was out of town and missed the mailing
date. If there is any possibility of getting on the October agenda
as you mentioned, I would greatly appreciate your assistance.
If there are any questions, please do not hesitate to call me
collect at 212-730-1950. I will call to verify that this package
has arrived.
Very truly yours,
t
Michael F. Doyle, AIA
MFD/sm
enclosure
SHORT ENVIROTJMNTAL 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.
00
`i (b) If any question has been answered Yes the project may be significant and a
Ln ccmpleted 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 K No
rn
4 2. Will there be a major change to any unique or
unusual land form found on the site? Yes x No
2 3. Will project alter or have a large effect on X.an existing body of water? Yes No
1 4. Will project have a potentially large impact, on
O groundwater quality? . . . . . . Yes X No
�J 5. Will project significantly effect drainage flow
O on adjacent sites? . . . . Yes Jr No
6. Will project affect any threatened or endangered
b plant or animal species? Yes No
ro
a7. Will project result in a major adverse effect on C_
air quality? . . . . . . Yes 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
O importance or any site designated as a critical �(
04 environmental area by a local agency? Yes =` No
10. Will project have a major effect on existing or
future recreational opportunities? Yes ✓\ No
O
b 11. Will project.result' in major traffic problems or
cause 'a major effect to existing transportation
M systems? Yes No
r-4
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb—
ance as a result of -the project's operation? Yes No
O 13• Will project have any impact on public health or
N safety Yes No
'? . -.
11.. Will project affect the existing community by
0 �t%tJJ1!lf/IA,, directly causing a growth in permanent popula—
E-i ``N� .-SV9IS,3,u� ''a,`• tion of more than 5 percent over a one—year
\`s —�. .''o period or have a major negative effect on the
�,� °.�,';�: :• character of the community or-neighborhood? . Yes No
0 �r eti �=
� j E� �1 Is there pu. co rove eing the project? Yes No
u 14 1z A.SR..R'',SIGNATURE: -TITLE:
J �'y tip,^•...-r c ;'�' 1 1 AA ��jj
'� r �0p �R1F3F�f2tS y:J NG: W 4+{.�l# �. DATE 21s �'US
- - iq
(Tcda- Date)
To: Southold Town Board of Appeals
Hain Road
Southold, NY. 11971
Re : Anneal Annlication of WIL-WAAA L. M ()55E,_
Location of Property:.
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations , 6 NYCRR, Part 66i, and Article 25 of the New York
State Environmental Conservation Law, please be advised that the
subject property in the within appeal application:
(please check one box)
[ ] May be located within 300 feet of tidal wetlands;
however, constructed alon7 the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length. *
[ l Mav 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.
[ l Mav be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
[ ] May be located within 300 feet of tidal wetlands ;
and there is no bulkhead or concrete wall existing
on the premises .
Is not located within 300 feet of tidal wetlands
to the best of my knowledge. *
1Sq,;W2 ff1' , ems (*) indicate your property does
not appear to f,�` ,�� '' ? �y9•the jurisdiction of the N .Y,S . D. E.C. ]
may' yC �� F• D �T'✓
Sincerely yours ,
�"t i'G�•..•�....,. vti: ate• (S1gnZLLir� pie,_-se)
NOTE: If propos alls within D.E.C. jurisdiction,
approval must be received and submitted to our office before
your application can be scheduled for a public hearing,
r
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