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HomeMy WebLinkAbout3790 C JOSEPH FENTON ATTORNEY AT LAW JACKSON STREET Q NEW SUFFOLK,N.Y.11956 (516) 734-5099 11 /�/ g-A November 28, 1988 Zoning Board of Appeals Town of Southold Southold 119 71 New York Re:Petition of 242 Associates; Gentlepersons: This will serve to advise you that I have been retained by one of the adjacent property owners, Marjorie Tese, as well as several other property owners in the neighborhood, to represent them in connection with the above indicated petition. I would appreciate it if you would keep me advised as to if and when a hearing is scheduled in this matter, or if the application is withdrawn, amended or any other action is. taken with respect to it. Thank you for your courtesy. Very truly yours, dseVpre"nton Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 tat , TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI October 12 , 1988 James Dihizio, Jr. Michael J . Hall , Esq . Youngs Avenue . Southold , NY 11971 Re : Appeal NO- ' 3790 - 242 Associates Dear Mr. Hall : We are in receipt of the above application . The Board members will be conducting inspections and review in accordance with State and local. laws' prior to advertising this matter for a public hearing. ..In the interim , ;please furnish the following. documentation as early as possib-le_:__ a. A copy of the cur'rent .deed to 242 Associates b. Copy of any available certificate of occupancy for_ the entire premises C . Confirmation as to whether or not there are wetlands present upon the premises d . ZBA questionnaire form for completion and signature (copy of ,the form att-ached ) e . Copies of any communication or other update - concerni.ng P-1 anni'ng Board reviews under their jurisdiction , if available. Thank you for your anticipated cooperation . Very truly yours , r GERARD? P . GOEHRINGER CHAIRMAN By Linda Kowalski tr Enclosure 7" October 5, 1988 Mrs. Linda Kowalski Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold,New York 11971 Re: Subdivision.- 242 Associates SCTM# 1000-117-09-08 Dear Linda: I am submitting for your review and consideration the following application forms and information: 1. Notice of Disapproval dated September 6,-1988 by Building Inspector Victor Lessard 2. Application for Appeal of Decision by Building Inspector in triplicate 3. Notice to Adjoining Property Owners with certified mailings attached 4. Four (4) copies of updated survey indicating proposed subdivision of land 5. MJH check No. 3198 in the amount of $150.00 for filing fee If you have any questions please contact my office. Sincerely, l� - Michael J. Hall - MJH:pg Encs. cc: 242 Associates Al p }`_{afi{ Town Hall 53095 Main Road P.O. Box 1179 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 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: October 6, 1988 Transmitted herewith is Zoning Appeal No. 3790 application of Michael J. Hall a/c 242 Associates for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice. of Disapproval 'from the Building Department; survey of property; and any other attachments relative to this application. • ✓� Ir�.e0+1�! Judith T. Terry Southold Town Clerk ' 9� � /0 / E I TOWN OF SOUTHOLD, NEW YORK OCT 6 1988 APPEAL FROM DECISION OF BUILDING INSPECTOR otlld 9ARD ' ; �� i� 7 9/28/88 C� DATE .......................•........ TO THE F1pcYiael BJOA&DI?F �sgEALattorney "for OUTHOLD, N. Y. 1, (We) 242 Associates of 1050......Youngs. ...Avenue....... . ... .......................................... 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 September 1, 1988 APPLICATION FOR PERMIT NO. .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Michael J. Hall, Esq. , attorney for 242 Associates ................................................................................. Name of Applicant for permit of 1050 Youngs Avenue, Southold, New York Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X) Vacant land Certificate of Occupancy for additional one (1) acre building lot. 1. LOCATION OF THE PROPERTY .....New........Suffolk............................Avenue......................................A....Res.................. Street Use District on Zoning Map 1000-117-09-08 ................................................................................. /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 100-31 3. TYPE OF APPEAL Appeal is made herewith for (xx) 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 (L-=) (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 (xx) A Variance to the Zoning Ordinance is requested for the reason that this house is on a three (3) acre parcel and is not in conformity with the neighborhood and owner wishes to create two parcels of approximately 1-1/4 and 1-3/4 acres. Form zs1 q t*^z?, (Continue on other side) REASON FOR APPEAL,, t Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce 7practical difficulties or unneces- sary HARDSHIP because the present house is on a three acre parcel and has been difficult in its large state to market. 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 most of the properties in this section are between 1/4 acre and l. acre. in. size. This..parcel is :approximately three acres and is very large compared with properties in the. immediate vicinity. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the two parcels created would each be larger than one acre in size, very much in harmony .with the 'character of this neighborhood, and yet not much smaller than the present zoning ordinance. STATE OF NEW YORK ) ss ..................................................... COUNTY OF Suffolk ) G��33 Signature I�Z AP J.ociat HALL�sEsq., attorney for Se tember: 19 88 Sworn. to this ............�o. ................:... day of......:......P........,......................... ..................................�: ................... J .. Notary Public _�to.S;At Noh�yp �'2zalu �'�'�/� Comm siioniExpiresAugust3,,;g- FORM NO.3 . TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL. Date . . . To PLEASE TAKE NOTICE that your application dated _ _ _0_ _ ' . .. 1. . . . . . • for permit to -�"L.L4 at ?t-9`. .�. . . . . . . Location of Property . . . ..Q 4-�-�? . . �? . . . . . .lam!�`!1�. House No. StreetHamlet County Tax Map No. 1000 Section . . . ,1 7 . . . . . . Block- . . . . . . Lot . Po, .O . . • • . Subdivision . . . . . . . . . . . . . . . . . Filed Map No.' . . . . . . . . . .. Lot No. is returned herewith and disappro .ed on the following grounds c.c .l , ,q�9.c,t.o,l.\ , 6. o 31 . . .. . . . . . . . . . . . . . . . . . . . . j� . . . . . . . . n V - . . .44-EX4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..• • . • • . . . . . . • . . . . . . . . . .. . . . • . . . . • • . • . • . . . • . . • • . • • • • . • • • • • . . . . • . ... • • • • • • • • • • • • • . . • • . . • . . . • . . . . . . • • • • • . • • • • • • • • . • • • • • . • . • • • . • • . • • • . �.� �.. . • Btilding• Inspector RV 1/80 The N . Y . S . Environmental Quality Review Act requires sub- mission of thi _ orm, and an environmental - eview will be made by this b,-_ d before any action is ti n . SHORT ENVIRONMENTAL ASSESSV NT FORM INSTR"CTIOK-Ss (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 likely impacts of the action, It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a ccmpleted Environrmental 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 largo hysical change to the project site or physically altar more X than 10 acres of land? . e • e • . • • • . . . Yes No 2. Will there be a major change to any unique or X unusual land form found on the site? . Yes No ....... ........ 3• Will project alter or have a large effect on an existing body of water? o . Yes X No L. Will project have a potentially large impact on groundwater quality? • Yes X No 5• . Will project significantly effect, drainage flow on adjacent sites? • • • • • • • • • • e • Yes X No 6• Will project affect any threatened or endangered plant or animal species? • • . • • • • . . . • � Yes X Y No 7. Will project result in a major adverse effect on air quality? -.�. Y a a Ho 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, pro-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? • e • Yes �� No 10. Will project have a major effect on existing or future recreational opportunities? Yes X No 11. Will project result- in major traffic problems or cause a major effect to existing transportation X systems? • ; • • • . • • • • • • Yes No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- X ance as a result of the project's operation? Yes No 13• Will project have any impact on public health or safety'.' . . . . . . . . .. . • . Yes X tic 1L• Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the . character of the community sr. neighborhood? . Yes ,x No 15. Is there public ccntrover y cerning the project? Yes X No PREPARRER'S SIGNATURES TITLE: Attorney for owner REPRESS"1TING: 24 ssociates DATES September 28, 1988 9/l/7a S®UT1HOL® P ®PER1'1(, RECORD,":CAR® STREET ' : :VILIAGEti ,. ,_ .. _ _.' DISTRICT SUB. LOT.' ?74 0��' FORMER OWNER " N J E.: r ACREAGE ;} s .L- TYPE OF BUILDING /76 RES, SEAS _VL FARM COMM I-..IND. I CB. LMISC Est. Mkt. Value � < M LAND - IMP TOTAL DATE REMARKS,' G` Qd= o'v AGE BUILDING CONDITION NEW NORMAL BELOW, ABOVE FRONTAGE ON WATER Farm. a Value Per Acre Value FRONTAGE ON ROAD -:0, ' �" Gw '`� ® t vP, G oti a.c hl n Tillable 1 : BULKHEAD Tillable 2_ DOCK Tillable, 3. Woodland Swampland .. f . Brushlai F 9 House :Plot K j 2 Total „ti.,i�a"` r+T `,y�"�h��'?'i�`;".L� '�T• +n'sr�:f fs '��r«r r������.*2Y� .�� �f .-S t z s x � is �..�.��Y1 ��i � �"'z�:='Y.x�- �wi�=_?rY' t`r`+ fi4�._�._,ems.='.•....:,i :.._...�..�-..�..._.I�._:.�.{h '...._..._.-.�. .�.._.�� ��___ ��__..`�� .. ___—. __.___� _ ____ __—.__..__ .___- ' ■■■■■■■■11■■■■E■MEN IMIMMIN I SEEN ■■■ W.Mm OR rm Lms S� :�'�►a,�, i rid; � �, �'���`� �T' �� '• NNE MEN! IXundation :. Porch ••• .' r 1 Breezeway i / •• • •• Garage q s I I r- c Il/1 r. • M tom`-, �N►�� OAK D. (50.) 1., 11 A ur uc mIQ .0 0 MATC" < - I - j.— .0 2 'V. r 4 6 9 PCAI 0��k WA i*l -y -Co.I'll. CD 'A 1.1 A(C) I A(c I TUTHILL D. 150. 3q s 10 co 20 C c It xx&4.z 2 atei 2.0 12 FOR PARCEL NO. SEE SEC NO 116 j 3 is$ N4 X 4 5 ..e Its 4JA(c) 01 4 RW 6 EORGE k; aD. 7 Z5 14A(c 12 3 18.2 13. 6 49 C) .4 -1 2A%Il 5 33 4.1 A(c) '-f "v". 13 4 32 % ,I c' I % 12 2 28 b .7"! 29 30 r 6 LL (5o'l LAA 22 AT s ir-1 0 1 tabs ( NING) 34 FAN 4 FR 2 1.6 A(c) op.c ARD 'Vd 4 4. 9 t 9 29 - .. 1, . '. ., 1E.1 K :.) �E -0 yOURO'S 9- .2 20 0 tz;A(c), Ki G 6 HEW OAkl? 6 4 su"1 9 q.2 19.1 5 5 S,TK Ols'. T 14 21 w, 32 3.7 A(c) 16.3 IV z 1.4AIC) . 4M _22- 24- 6.4 2 25 M I t 22 NEW SUFFOL< AVE.. 2 7 k 14 BAM 11 2.6A(cl t 20 �"t - 2.9A(Cl 14 T 19 4 5.2 10 "e JACK501 'ACKSON 20.2 ST... cl 6Atl cr 4.1 9 %0 12.4 0 2.IAC.) �Ut Ll . -.19, �r, 2.0A(c I T 12.3 12..Z 1315 4.2 t14 UA(4 C9 V:.D BA Y ox, c PE GRE A T A e,& Joe 0 HERWI%E. ALL UNLESS DRAWN T SEE SfC' No ARE WITHIN THF FOLLOWINO SCHOOL. 25 FIRE LIGHT- .45 WAT9X PAN._ REME Leqend --------- Oill-I 134) If-MAE'. PAKER, JR� C_ I 1 1.]MI T­L­ Ll --.W- R0­D­ktLs ---R.-- D­JD...... 6Y C­'.­E....... Win-Lm. U,11 Di,ukl Lm. Li.i, P�&Di-io Lm. P.-IN.. 73 D..d A,.. UAW S.�.l D­­L.- __SCH__ S,­D,­i,fL­ I S.bd..—Rj_&F&, (21) C.1-1—d M- IWO BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of j _ :• 242 Associates by Michael J.. Hall, as: NOTICE attorne TO to the Board of Appeals of the Town oKouthold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it 'N he intention of the undersigned to petition the Board of Appeals of the Town of Southold to request Variance) Special Exception) (Special Permit) (Other) [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: 1000-117-09-p/o08 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential—Agricultural 4. That by such Petition, the undersigned will request the following relief: bulk area and parking requirements of zoning ordinance 5. That the provisi Ins of the Southold Town�on ng Code applicable to the relief sought by the under- signed are Article I>� 3 Section 1 0- 1 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 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) 7i;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: September 28, 1988 Petitione Michael J. Hall, Esq. Owners ' Names : 242 Associates Post O f1ce Address 1050. Youngs Avenue Southold, New York PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: Patricia Garsik, , residing at Cut&hogue, New York. being duly sworn, deposes.and says that on the th day of September , 19 88 , deponent mailed a true copy of the Notice set forth on there- 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, New York ; that said Notices were mailed to each of said persons by (certified) Q 24PW:M�mail. Patricia Garsik Sworn to before me this 28th day of September 1 19 88 IN ' u l r Pic LL Notary Public,Ststte of Ndw yoiik ®ualUied in Suu folk Coup Gehl 9_23ion Expires r f,28, eso (This side does not have' to be completed on form transmitted to adjoining property owners.. ) ! 4 lxv `ON S 7B W 34' SURVEY OF 1s�-� °� PROPERTY o A T NEW SUFFOL K TOWN OF SOUTHOLD 4 S UFFOL K COUNTY, N. Y. f Os600 'Af0N 1000 - 117 - 09 - 08Nk r 4g4'4S' Scale 1" = 50" _ April 27, 1988 SP[/TR�� /��0�- EivcE.� � f,- Fe I y b 1 �Q AREA ?75?a N 7,OE o V 4 c�e8 r Qf, b f Ala ` RR/aQ y a O c \ ILOaTo K s'MO M CJ c z Campo o \ is* 6R/ck�RY E 4 d N 0� °� `�j a t �LOUs �•.o _ _ �6�• o- J'M �-j S78',94.'00 U 1,5 f O �x l o N/p/F Cis l y MARJpgj � O/`/ !! F EUZABETy .20 . - � b Prepared in accordance with the rrin,mum. LANDstandards for Wle surveys as established by the L.I.A.L.S. and approved and adopted CERT1F1E0 TO: for such use by The New York Stale Land TICOR TITLE GUARANTEE COMPANY Tltle Assoclation. TI TLE NO. T1288-1445 �• `� O LIC. N0, 49668 SOUTHOLD SAVINGS BANK 242 ASSOCIATES P I C E r rip P.C. (5l - 9 0 lv1AIN ®LRCNE�N SOUTH 11971 RR /'c:NiSr.- /7 c. / •s Prt•✓.F - - V V—..3.0