HomeMy WebLinkAbout3245S/S Main Rd. ~r~ ~ 6/2q/8#
Orient
A-approval o£~insuf£, area of parcel-to be set-~,
off.
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Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3245
Application Dated April 16 , 1984 (Public Hearing June 21 , 1984)
TO: Irving L. Price , Jr.., Esq . [Appellant (s) ]
Attorney for DAVID AND JEANNE BRAWNER.
828 Front Street
Greenport , NY 11944
At a Meeting of the Zoning Board of Appeals held on June 28 , 1984 ,
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
[X ] Request for Variance to the Zoning Ordinance
Article III , Section 100' 31
[ ] Request for
Application for DAVID 'AND 'JEANNE 'BRAWNER, Main Road , Orient , NY for
a Variance to the Zoning Ordinance , Article III , Section 100-31 for
approval of insufficient area of parcel to be set-off from an 4. 066
acre parcel at the South Side of Main Road , Orient; County Tax Map
Parcel No . 1000-20' 3-.28 and part of 11 . 2 . .
By this appeal , appellants seek a variance to the provisions of
Article III , Section 100-31 , Bulk. Schedule of the Zoning Code , for
approval of the insufficient area of a parcel of land of approximately
54 ,840 sq . ft. .The remaining tract will contain an area of approxi-
mately 107 ,800 sq . ft. with 302 . 21 frontage along the Main Road and
147 . 48 ' frontage along a right-of-way at the easterly side of the
premises . The parcel to be set-off contains frontage along the Main
Road of 214. 23 feet and along the easterly side (along a right-of-way)
of 282 . 52 ' , and is improved with a one-family dwelling and accessory
storage barn building . It was mentioned for the record that the
southerly 148 . 48. feet was used for farm purposes .
The board members have visited the premises in question and are
familiar with the neighborhood. The board has found that a majority
of the parcels in the vicinity of these premises are similar in size
proposed by ,this application . Also in-,considering this appeal ,,,the
board determines : (a ) that the .relief requested is not substantial ;
(b) that by the granting of the relief requested , no substantial
change will be produced in the. character of the neighborhood or a
substantial detriment to adjoining properties ; (c ) that the diffi -
culty cannot be . obviated by some method feasible for the appellant
to ' pursue other than a variance -° J(d) that no adverse' 'effects'':will
be produced .on available 'governmental facilities of any increased
population if _the' variance is ' allowe.d; ' (e ) that the interests of
justice will.. be served by allowing the variance as applied.
Accordin.gly , ' on motion by Mr. Douglass , seconded by Mr . Sawicki ,
it was
RESOLVED , that Appeal , No . 3245 , , application made for DAVID 'AND
JEANNE ' BRAWNER for approval of insufficient area of 54 ,840 sq . ft.
(CONTINUED ON-PAGE-TWO)
DATED: , July 20 , 1984. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
Page 2 - Appeal No . 3245
Matter of DAVID AND JEANNE BRAWNER
Decision Rendered June 28 , 1984
BE AND HEREBY IS 'APPROVED, AS APPLIED , subject to referral to the
Suffolk County Planning Commission in accordance with Sections 1.323 ,
et' seq . of'.th.e •Suffolk County Charter ; and subject. to fi•n.al,.. action
of the Southold� Town • Plannin_g Board in accordance with... .Chapter A106
of the Code of the Town of Southold.
Location of Property: South ` Side of Main Road. , ,Orient ; NY.;. •
County Tax Map Parcel No . 1000-20=.3-28 and part of 11 . 2 (11 . 5 ) .
Vote 'of .the Board : " Ayes : •' .IMessrs . Goehringer; Grigo:nis '-.
Douglass and Sawicki : Members Doyen of. .F.ishers Island was- absent.
This. resolution was adopted . by unanimous vote of :the 'members' present.
.. ' _::;,.1 sj' �h -! c! ! I;: GERARD P. GOEHR.INGER' AIRMAN
c11 r,.! . !i _July 20' 1 984
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Z��ds3'�Ll EIS,^ OF APPEALS
T0`Wj_N NIL
I`►it: El 1-WAD - R. 25
SCOUTHOLD, N.Y...11971
NOTICE OF PUBLIC HEARINGS
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 Town Hall , Main Road ,
Southold , NY on THURSDAY , JUNE 21 , 1984 , commencing at 7 : 30 p . m. and
as follows :
7 : 35 p .m. Application for JOHN_DENNY , 333 Warwick Avenue , Tea
Neck , NJ 07666 for a Variance to the Zoning Ordinance , Article III ,
Section 100-32 for permission to construct accessory garage building
in the frontyard area at premises , 1255 Private Road #1 (Goose Creek
Lane ) , Southold , NY ; County Tax Map Parcel No . 1000-078-08-009.
7 : 40 p .m. Application of GEORGE R: TUTHILL , Box 719, Cutchogue ,
NY for a Variance to the Zoning Ordinance , Article III , Section
100-31 for app.roval . of insufficient area and width of parcels located
at the north side of Bay Avenue , Cutchogue , NY ; Nassau.'Farms Subdivi -
sion , part of Lot 140 ; County Tax Map Parcel No . 1000-104-04-33 .
7 : 45 p .m. Application for bAVID 'AND JEANNE BRAWNER, Main Road ,
Orient , NY for a Variance to the Zoning Ordinance , Article III ,
Section 100-31 for approval of insufficient area of parcel to be
set-off from an 4.066 acre parcel at the South Side of Main Road ,
Orient ; County Tax Map Parcel No . 1000-20-3-28 . and part of 11 . 2 .
7 : 55 p .m. Application of ERNEST AND JEAN STUMPF , 207 Roxbury
Road' South , Garden City , NY 11530 , for a Variance to the Zoning
Ordinance , Article III , Section 100-32 ( and/or Section 100-31 ) for
pe� mission .to construct raised deck with an insufficient setback
in the side and rear yards at the West Side of S. Oakwood Drive ,
Laurel ; County Tax Map Parcel No. 1000-145-03-005 .
8 : 05 p .m. Application ftr EUSTACE C . ERIKSEN , ` 1085 Westview,
Drive , Mattituck', NY for a Variance to the Zoning Ordinance ,
appealing :. the December 12., • 1983 decision of the building inspector
in order to permit the conversion and renovation of a "guest
cottage" or second dwelling structure at premises k6own as 1085
West View Drive , Mattituck; County Tax Map Parcel No. . 1000-139-1 -3.
8 : 15 p .m. . Application of JOHN GRIGONIS, 950 Bayview Road ,
Southold , NY for a Variance to the Zoning Ordinance , Article III ,
Section 100-31 for approval of the construction of new dwelling
with reduction of sideyard setback , at premises located at 860 Main
Bayview Road , Southold ; County Tax Map Parcel No . 1000-070"07-016 . 2 .
Page 2 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of June 21 , 1984
8 : 20 p .m. Application for . PATRICK CARRIG and MARK S . McDONALD ,
(Owners : Eric and Nancy Malm) , Richmond Road , Southold , NY for a
Variance for approval of access , New York Town Law", : Section 280-A ,
over a private right-of-way located at the north side of Bergen
Avenue , Mattituck , to premises .identified as County Tax Map Parcel
No . 1000-112- 1 -18 , containing approximately 3.. 9 acres .
8 : 40 p . m. Application for 'DOUGLAS MILLER , Montauk Highway ,
Quogue , NY for a Variance for approval of accesses , New York Town
Law , Section 280-A , over two private rights-of-way , :, one .known as
"Kirkup Lane" and one as "Laurel Way" located at the South Side of
Sound Avenue , Mattituck , (near Laurel ) , to premises identified as
County Tax Map Parcel No . 1000-121 -4-10 containing approximately 7 . 2
acres .
8 : 55 p . m . Application for 'BERTRAM AND 'MA_RGERY WALKER recessed
from May 17 , 1984 for Variances for : (a ) interpretation , (b)
approval of deck „ in sideyard , (c ) approval of reduction of livable
floor area and insufficient sideyards of dwelling conversion . Peconic
Bay Blvd . , Laurel ; 1000-145-4-014.
9: 15 p .m. Application of.:ARTHUR 'R . TRUCKENBRODT; et al . , Private
Road , Orient , NY for a :rever.sal. of the interpretation of the building
inspector concerning a Certificate of Occupancy No . Z11736 issued
June 21 , 1983 to E. Loucopoulos and H . Damianos for an one-family
dwelling and four accessory cottage structures at Private Road No . 7 ,
(a/k/a Diedericks Road ) , Orient ; County Tax Map Parcel No.
1000-18-03-005 [Current Owners : D. I . Abbott and J .T. Swanson] .
Persons having an interest in any of the above matters may be
heard at the time and place specified above . For additional informa-
tion , please contact our office , 765-1809 (or 1802 ) .
Dated : June 5 , 1984 . BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS.
GERARD P . GOEHRINGER
CHAIRMAN
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NOTICE TO NEWSPAPERS : Please publish once , to wit : .. .Thursday ,
June 7 , 1984 and forward 10 affidavits of publication to :
Mrs . L . Kowalski , Secretary , Board of Appeals , Main Road ,
Southold , NY 11971 , on or before June llth . Thank you.
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FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
File No. Date . . . . . l . . . . . . . ., 19X, .
PLEASE TAKE NOTICE that your application dated . . . . . . . . . . . .I 19 .T.j. .
forp t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at
.Location of Property ��B Co `}�. . . 1?�9�- �. .��. . . . . . . . . . �:��. . . . . . . . . . . . . . .
House No. Street / Hamlet
o O
County Tax Map No. 1000 Section . . .O o19. . . . . . Block . . . . . . . . . . . . Lot 1. :. . . . .?
Subdivision . . . . . . . . . . . . . . . . . Filed Map No. Lot No. . . . . . .^. . .
is returned herewith and disapproved on the following grounds . . . . . . . . . . . . . . . . . . . . . .
►��r� '`-� �. �?-4u.� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
aE
Building Inspector
RV 1/80
RECEVE®
TOWN OF SOUTHOLD, NEW YORK
'APR,, AGPPEE�AL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. �
Town Clerk sou ola DATE ... ...April 13 jr 1984
:...-....... ...
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) David M. & Jeanne M. Brawnier of (No #) Main Road
Name of Appellant Street and Number..........................
Orient N.Y.
..................................... ..................................................... ............................HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ........... DATED ....March , 1984
...........................
WHEREBY THE BUILDING INSPECTOR DENIED TO
David M. & Jeanne M. Brawner
.................................................................................
Name of Applicant for permit
of
(No #) Main Road Orient New York
Street.and Number Municipality State
( ) PERMIT TO USE
(XX PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY (IJo #) Main Rd. A-Residential & Agriculture
.................................................................................
Street Use District on Zoning Map
Suffolk County Tax-Map Nos, District 1000, Sec. 020; Bl.k. 03, Lot
./vl.....op No. o. L N.. ......................................... .. N ot.....o.................p/O 011.002 and
L
District 1000, Sec. 015, Blk. 08, Lot 028
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
M9 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 4kess*(hos 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: The applicant desires to divide a 4,066 acre
parcel into two parcels; one with an area of 54840 sq. ft. + and the
other with an area of 107800 sq. ft. +
Form ZBl (Continue on other side)
REASON FOR APPEAL Continued
r. !
1. STRICT. APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary rHARDSHIP because the bulk schedule requires that each lot have"areas
of 80,000 sq. ft. and the division into two (2) complying lots would
cause the practical difficulty in that this parcel was heretofore
legally divided with one-family dwellings erected on each lot and
landscaped as such.
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 (1) Heretofore the subject
parcel was divided into two lots and, legally, a private one-family
dwelling was constructed upon each lot; and (2) An inadvertant merger,
as the Zoning Ordinance of the Town of Southold is now interpreted by
said Town, occurred when the then existing easterly parcel of 1.121
acres was conveyed to applicant on March 8, 1977 and the Town, there-
after, adopted two acre , zoning. ,
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because (1) The spirit of the ordinance would
be observed in that a parcel with an area of 162640 sq. ft. is being
divided into only two parcels, which parcels would have average areas
in excess of 80,000 sq. ft. ; and (2) The character of the district
would remain unchanged in that there are now existing two, legal, one-
family residences on the parcel and, therefore, the intensity of land
use would not be increased.,
STATE OF NEW YORK ) 4 .
ss ..... ....
COUNTY OF SUFFOLK ) Signature
prr
Sworn to this ...............�.�................... day of.................: 1.... .. .. .............. 19 84
/ ._
No ary Public
WILLIAM H.PRICE,JR.
NOTARY PUBLIC,State of New York
No.4644944,Suffolk County
Term Expires March 30,1985
low,J
�. ... TOWN OF SOUTHOLD PROPERTY RECORD CARS
STREET VILLAGE DIST. SUB: LOT
FORMER--DINNER:_ � ua e►- �Z .�9� .
E � ACR.
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'DES: � :r•,, SEAS. VL. FA COMM. CB. MISC. Mkt. Value
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Extension ( Fire Place r3� ` 5 Heat r C DR.
' Type Roof Rooms 1st Floor BR.
Porch 1 Recreation Roory i Rooms 2nd Flooi FIN. B.
Porch Dormer
Breezeway Driveway
Garage SZ D 7 S 3 v
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O. B. Card} � /ovS� 42
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Breezeway Fire Place ; ,/e Heat DR:
Garage I Type Roof Rooms 1st Floor BR.
Patio Recreation Room Rooms 2nd Floor FIN..B
O. B Dormer I Driveway
Total J
1d6d.� lam-' F® �
TOWN OF OUT OLD P P RT C® ® CAR®
OWNER STREET VILLAGE DIST. ! SUB. LOT
1�Da Aa 2 7L LieIrc,
FOyMMER OWNER N P E ACR.
S w TYPE OF BUILDING
'All wn
R � SEAS. V'L i FARM COMM. CB. MICE. Mkt. Value � n4
LAND IMP. TOTAL DATE REMARKS,,,s- 3.i�i �d a 7d d 1./:i e;,-,
�.,
Tillable FRONTAGE ON A_::& 244 /
Woodland FRONTAGE ON ROAD
Mead DEPTH C fJ�::� P
House Plot BULKHEAD V
Total
COLOR TRIM W
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l
. S
117
r9
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Poach }{' , _ asoment Floors � K.
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COUNTY OF SUFFOL.K
DEPARTMENT OF PLANNING
(516) 360-5513 LEE E.KOPPELMAN
DIRECTOR OF PLANNING _
August 15, 1984
Town of Southold
Board of Appeals
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter,
the following applications which have been referred to the Suffolk County Planning
Commission are considered to be a matter for local determination. A decision of
local determination should not be construed as either an approval or a disapproval.
Applicant Municipal File :Number
i
Katherine Farr 3117
Katherine Farr. 3118
John Denny 3244
David & Jeanne Brawner 3245
Ernest & Jean Stumpf 3247
John Grigonis 3248
Very truly yours,
Lee E. Koppelman
Director of Planning
l�
by
GGN:jk' Gerald G. Newman
,Chief Planner
,F._ ..
VETERANS MEMORIAL HIGHWAY HAUPPAUGE.L.L.NEW YORK 11788
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Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971
TELEPHONE (516) 765-1809
Pursuant to Article XIII of the Suffolk County Charter, the
Board of Appeals of the Town of, Southold, New York, hereby refers
the following to the Suffolk County Planning Commission:
xx Variance from the Zoning Code, Article III , Section I00-3I
Variance from Determination of Southold Town
Building Inspector
Special Exception, Article Section
Special Permit
Appeal No. .. 3245 Applicant: DAVID & JEANNE--BRAWMR"
Location of Affected Land: S/S Main Rd. , Orient
County Tax Map Item No, : 1000-20-3-28 p/o II. 2
Within 500 feet of :
Town or Village Boundary Line
Body of Water (Bay, Sound or Estuary)
xx State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, State or Federally-
Owned Land
Boundary of Existing or Proposed County, State or Federal Park
or Other Recreation Area
Existing or Proposed Right-of-Way of Any Stream or Drainage
Channel Owned by the County or for Which The County Has Estab-
lished Channel Lines,
or Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport,
COMMENTS: Applicant is requesting permission to set-off parcel w/insuff.
area.
Hearing June 2I. I984- No Action Taken.
Copies of Town file and related documents enclosed herewith for your
review. /,, /
Dated: June 26, 1984 W/V
Temp, Secret ry, Board of Appeals
� �NN. =`
t`r Southold Town0
B ' ard 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
July 20 , 1984
Irving L . Price , Jr. , Esq .
828 Front Street
Greenport , NY 11944
Re : Appeal No . 3245 - David and Jeanne Brawner
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
CH RMAN
,
Enclosure OLAzfF/. Kowalski
Copy of Decision to Secretary
Building Department -
Planning. Board"
Suffolk County Planning Commission
J
D
TO 4 .,
1 Oyu D
SLRO� Oi s Y
Southold, N.Y. 11971
(516) 765-1938 -
April 3 , 1984
Mr. Irving. .Price, Jr.
Attorney at Law
828 Front Street
Greenport, NY 11944
Re: set-off for Brawner
located at Orient
Dear Mr. Price:
A. quorum of the Board met following field inspections on
March 30, 1984 at Town Hall, and the following action was
taken.
RESOLVED that the Southold Town Planning Board has no objection
to the lay-out of the proposed set-off of David and Jeanne
Brawner, however, the Board disapproves the set-off due
to insufficient area, .100-31.
If !you have any questions, please contact this office.
Very truly yours ,
HENRY E. RAYNOR, JR. , CHA•IRMAN
SOUTHOLD TOWN PLANNING BOARD.
/CC :
By Diane M . Schultze, Secretary
Zoning Board of Appeals
�' eels
f D[I(e®lam
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.V. 11971
TELEPHONE (516) 765.1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS May 9 , 1984
JOSEPH H. SAWICKI
Irving L . Price , Jr. , Esq .
828 Front Street
Greenport , NY 11944
Re : Appeal No . 3245 - David and Jeanne Brawner
Dear Mr . Price :
This letter will confirm our conversation with your
office that the above matter was reviewed by the board at
its Special Meeting held May 2 , 1984 , and the same has been
scheduled for a public hearing to be held at our June 1984
Regular Meeting , which is tentatively the 14th .
Yours very truly ,
Linda Kowalski
Enclosure (SEQRA action)
t
�oS�FFoc,��oG
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD /
MEMBERS May.,,, 1984
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR. S.E.Q.R.A.
SERGE DOYEN, G
ROBERT J. DOUGLL ASS NEGATIVE ENVIRONMENTAL DECLARATION
JOSEPH H. SAWICKI Notice of Determination of Non-Significance
APPEAL NO. : 3245
PROJECT NAME: DAVID AND JEANNE BRAWNER by I . L . Price , Jr . , Esq . --
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #[44-4 of the Town of Southold.
This board determines the within project. not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further 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:. Variance for approval of insufficient
area of plot to be setoff containing approximately 1 . 121 acres .
LOCATION. OF PROJECT: Town: of Southold, County of Suffolk, more
particularly known as: South Side of Main Road , Orient , NY;
County Tax Map Parcel No . 1000'-20-3-part of ll .-
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur .should this project be imple-
mented as planned;
(2) : The. pr.opetty, in question. is not located within" 300 feet
of a critical envi ronment.al__ area or tidal we.tl ands .
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of .Appeals, Town Hall, Southold,. NY 11.971; tel. 516-
765-1809 or 1802.
Copies of this notice sent to the. applicant or his agent and posted
on the Town Clerk Bulletin Board.
REOVE® I &
TOWN OF SOUTHOLD, NEW YORK
'APR'1 61984.
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.—�_"74_5-
Town Clerk Sbt hold
DATEApril: l3., 1984
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1 (We) David M. & Jeanne M. Brawner (No #) Main Road
Name of Appellant......................of ...................Street and Number..........................
Orient N.Y.
............................................................................................. ............................HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ..................... DATED ....March .....1984
.... ......................
WHEREBY THE BUILDING INSPECTOR DENIED TO
David M. & Jeanne M. Brawner
.................................................................................
Name of Applicant for permit
of
(No #) Main Road Orient New York
....Street and Number.........................
Municipality....................
State
.......................
( ) PERMIT TO USE
(X)O PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY ..(No #) Main Rd. A—Residential & Agriculture
..............................................................................
Street Use District on Zoning Map
Suffolk County Tax Map Nos. District 1000, Sec. 020, Blk. 03, Lot
................................................................................. P
Map No. Lot No. /O 011.002 and
District 1000, Sec. 015, Blk. 08, Lot 028
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
(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 4esHhos 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
(XA A Variance to the Zoning Ordinance
is requested for the reason that: The applicant desires to divide a 4.066 acre
parcel into two parcels; one with an area of 54840 sq. ft.' + and the
other with an area of 107800 sq. ft. +
Form ZB1 (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because the bulk schedule requires that each lot have areas
of 80,0,00 sq. ft. and the division into two (2) complying lots would
cause the practical difficulty in that. this parcel was heretofore
legally divided with one-family dwellings erected on each lot and
landscaped as such.
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 (1) Heretofore the subject
parcel was divided into two lots and, .legally, a private one-family
dwelling was constructed upon each lot; and (2) An inadvertant merger,
as the Zoning Ordinance of the Town of Southold is now interpreted by
said Town, occurred when the then existing easterly parcel of 1.121
acres was conveyed to applicant on March' 8, .1977 'and the Town, there-
after, adopted two acre zoning.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because (1) The spirit of the. ordinance would
be observed in that a parcel with an area of 162640 sq. ft. is being
divided into only two parcels, which parcels would have average areas
in excess of 80 ,0,00 sq. .ft. ; and (2) The character of the district
would remain unchanged in that there are now existing two, legal, one-
family residences on the parcel and, therefore, the intensity of land
use would not be increased.
STATE OF NEW YORK )
ss .......................... ......
COUNTY OF SUFFOLK ) Sig ature
�j
Sworn to this day of...:....... let.
19 84
............................ ............................ .
.. ..:... . ............. .....................
Notary Publi
WILLIAM H.PRICE,JR.
NOTARY PUBLIC,State of New,York
No.4644944,Suffolk County
Term Expires March 30,1985
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
David M. & Jeanne M. Brawner NOTICE
TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: PROPERTY OWNER
WALTER H. BURDEN
EARL T. WILSON & wife
WILLIAM H. TAYLOR & wife
GERTRUDE REEVES
a
YOU ARE HEREBY GIVEN NOTICE: `r
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (Spec-ial-E-*eeptioo++Speeiapkw-mi4t -Fp{ ---[-mi l-e-•e}�o-i ,
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: Bounded on the North by Main Road; Bounded on the East by lands
of Wilson, Taylor & Reeves; Bounded on the South by land of Brawner; and
Bounded on the West by land of Burden
3. That the property which is the subject of such Petition is located in the following zoning district:
A-Residential & Agriculture
4. That by such Petition, the undersigned will request the following relief: Permission to
divide a 4.066 acre parcel into two parcels; one with an area of 54840
sq. ft. +; the other with an area of 107800 sq. ft. ±
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article III Section 10 0-31
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) 7s 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 Travel er-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 '13 . 19"84
Petitioner Irving L. .P ce; Jr..
Attorne
Post Office Address
828 Front Street
Greenport, New York 11944
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
Walter H. Burden Bay Avenue, Orient, New York
Mr. & Mrs. Earl T. Wilson Main Road, Orient, New York
Mr. & Mrs. William H., Taylor RFD 1---Box 80, Orient, New York
Ms. Gertrude Reeves Youngs Avenue, Orient, New York
STATE OF NEW YORK ) ss.:
COUNTY OF SUFFOLK)
KATHY M®.. KLINGE residing at County Route 48, Southold,. '
" New York being duly sworn, deposes and says that on the _Z91k day
of -April , 19 84 , 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)+ngistepeornail.
o
athy M. K inge
Sworn to before me this
day A ril , 19 84
r
Notary Public
06ki§M• uANNQN
NOTARY P88LIC.State of N V
Suff Co, No.Term Expires March 03o,9jgf,
Co+. ie� of Legal' Notic_ _1 ile to the folli n
p g a d 6�/5/84 g
Mr. John Denny.
Environment East, Inc. .
Nor. George R. Tuthill
Irving L. Price, Jr„ Esq.
Mr. and Mrs. Ernest Stumpf 11
Mr. and Mrs. Ernest Stumpf �a ?�
Mr. Edward Tobia
Rudolph H.. Bruer, Esq.
Mr. John G.rigonis
George O. .Guldi, . Esq.
Abigail A. .Wickham, Esq.
Wickham, Wickham & Bressler, P.C.
Richard T. Haefeli,. Esq.
McNulty, DiPietro & Haefeli
James Cron, Esq...
William W. Esseks, Esq.
Esseks, Hefter, Cuddy & Angel
Howard E. Pachman, .Esq. C
Pachman, Oshrin &. Block, . P.C,
Richard F. Lark, Esc.
Town Hall, 53095 Main Road
LP
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 16, 1984
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3245 application of David M. & Jeanne M. Brawner
for a variance. Also included. is notification to adjacent property owners; Short Environmenta;
Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Disapproval from the
Building Department; and survey.
Judith T. Terry '
Southold Town Clerk
IRVING L. PRIGE, JR.
ATTORNEY AT LAW
828 FRONT STREET
GREENPORT,L.I.,N.Y. 11944
(516)477-1016
April 13, 1984
Mrs. Judith T. Terry
Southold Town Clerk
Main Road
Southold, New York 11971
Re: Application of David M. and
Jeanne M. Brawner to Board
of Appeals
Dear Mrs. Terry:
Enclosed herewith please find:
(1) Notice of Disapproval dated
April 12, 1984
(2) Application in Triplicate
(3) Notice of Adjacent Property Owners
(4) Wetlands Letter
(5) Environmental Assessment Form
(6) Six (6) copies of survey
(7) $50.00 check for filing fee
Please advise me of the date and time of the hear-
ing for the subject application.
If you have any questions, please do not hesitate
to contact me.
Very truly yours,
ILP:kk
Enclosures
SHORT ENVIRONMENTAL 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
`j (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
_ J
not significant.
Ln (d) Environmental Assessment
1. Will project result in a large physical change
to the project site or physically alter more
n than 10 acres of land? . Yes X No
rn
2. Will there be a major change to any unique or X .
unusual land form found on the site? Yes No
z 3. Will project alter or have a large effect on
an existing body of water? Yes X No
b 4. Will project have a potentially large impact. on
0 groundwater quality? Yes X No
4
� 5. Wi11 project significantly effect drainage flow
0 on adjacent sites? Yes X No
6. Will project affect any threatened or endangered
plant or animal species? Yes X No
0 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
aenvironmental area by a local agency? Yes X No
10. Will project have a major effect on existing or
4-4 future recreational opportunities? Yes X No
O
b 11. Will project.result in major traffic problems or
�4 cause a major effect to existing transportation
( systems? Yes X No
0
a1
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
N 13• Will project have any impact on public health or X
safety'? . -. Yes No
11.. Will project affect the existing community by
0 directly causing a growth in Dermanent popula-
tion of more than 5 percent over a one-year
7.1 period or have a major negative effect on the
r-A character of the community sr-neighborhood? Yes X No
O
4J 15. Is there public controvers, o e! the project? Yes X No
�:s � -
O PREPA_RER SIGNATURE:
cn 'S TITLE: Attorney
REPRESENTING: David Jeanne Brawner DATE: April 13, 1984
9/1/78
- April 13, 1984 :;
(Today s Date)
To: Southold Town Board of Appeals
I-lain Road -
Southold, NY 11971
Re : Appeal Application of David M. and Jeanne M. Brawner
Location of Property: Main Road, Orient, 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)
[ ) May 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. *
[ ] 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.
[ ) 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.
- [ X ]. 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,
(Sign to 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.