HomeMy WebLinkAbout3790
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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the application is withdrawn, amended or any other action is.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
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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�-
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O/`/ !! F EUZABETy
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- � 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
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