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HomeMy WebLinkAbout3177AKngAK ~ NATAl TF WTFgFR 1415 Harbor Lane, Cutchogue 4/5/84 CA-construct accy. pool in area other than rear yard. 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. 3177 Application 'Dated October 7, 1983 (Public Hearing October 27, 1983) TO: Robert A. Kelly, Esq. , attorney for [Appellant (s) ] Mr, and. Mrs. George J. Wieser :,27.7::::Mill 'Road £. • Westhampton" Beach, ..NY 11978 At a Meeting of the Zoning Board of Appeals held on November 25, 1983 the above appeal was considered, and the action indicated below was taken on your (X3 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 j ] Request for Variance to the Zoning Ordinance Article , Section Request for ;_. .. . The. public hearing on this application was held on October 27, 19831 .at which .time the hearing was declared closed pending delibera- tions. Upon application for GEORGE J. WIESER (by Robert A. Kelly, Esq:)--; Harbor Lane, Cutchogue, 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 known as County Tax Map Parcel ID No. 1000- 97-06-010. The board 'made the following findings and determination By this appeal, applicants seek approval of an existing traveled area' as the legal access to Parcel 2 (over Parcel 1) as shown on the September 24, 1980 plan as surveyed by Roderick Van- Tuyl, P.C. for the applicants. The traveled width of the subject right-of-way is approximately eight feet in width and extends . approximately 207 feet over Parcel 1 to the parcel in question. Applicants 'have• submitted for the record an easement dated October 4, `1983, ``filed with the Suffolk County Clerk October 7, n 1983, grating 'a right to use a 15' wide private right=of-way' abutting the northerly line of Parcel 1, 207.96 feet in length. Prior to the signing of this easement, town records show that Parcel 2 has a right-of-way in common with others over �an exist- ing roadway across land now or formerly M. Almeida,' formerly Klam Properties, ' Inc. ' premises identified as County Tax .Map Dis- trict 1000, Section 103, Block 2, Lot 1 (Liber 8894 cp 49) . For the record it is also mentioned that'P'arcel 2 in' ques- tion fronts along Eugene ' s Creek and contains approximately two acres. The premises is improved. with a one-story; 'one-family dwelling structure. Parcel 1 contains an area of approximately 34, 000 sq. ft. with 165. 23 frontage along Harbor Lane (inclusive of the subject ,right-of-way) and is vacant. On 'February 25, 1983, a conditional variance was granted to the -applicants herein for the construction of a 24 ' by .28 ' accessory storage building (Appeal No. 3071) . In considering this appeal, the board determines: (1) '(CONTINUED ON PAGE TWO) DATED: December 3, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) , Page. 2"'-` Appeal No. 3177 Matter of GEORGE AND NATALIE J. WIESER Decision Rendered November 25, 1983 that the circumstances are unique; (2) that by allowing the variance no substantial detriment to adjoining properties will be 'created;'., (3) that the relief requested. will be in harmony with and promote the general purposes of zoning;: , (4) that in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of jus- tice will be served -by allowing the variance as' indicated below. On motion' by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED; that Appeal No. 3177,' application for GEORGE and NATALIE WIESER; for approval of access for emergency and other vehicles, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: iQ r- %'' the. right-of-way shall' remain open and unobstructed iat all times; including 'the clearing of trees where necessary', a minimum width of twelve feet . (12 ' ) ; 2 That the right-of-way shall be improved with two inches (211 of' 'stone blend a minimum width of twelve- feet [12 ' ] ; 3: That an amended or newly written easement conveying the right -to 'use this 12-foot wide area for 'adcess to the applicants and all subsequent owners of Parcel 2, shall be submitted to and approved by 'the Board of Appeals, and that the same shall be recorded by the applicants in the Office of the Clerk of Suffolk County' accordingly. . 4: This variance is subject to final approval by the Board : -: . of Appeals after having. received notification that. the improve- ments have been made'. 5. That no certificate of occupancy for land or structures shall be issued until compliance with these conditions and all other applicable rules and regulations are complied with. Location of Property: Private Right-of-Way at the East Side of Harbor Lane, Cutchogue, NY; County Tax Map Parcels No. 1000- 97-6-10 and 9 . Vote of the Board: Ayes`: Messrs. Goehringer, Grigonis, Doug lass and Sawicki. Member Doyen, Fishers Island, was absent. This resolution was unanimously adopted.. IT TGVIN CLERK GERARD P.- GOEHRINGER CWAIRMAN k PATEi�)� I� E�%---�1�1 December 3, 1983 To ey n Clerk, Toxe n of Southold r Southold Town Board of Appeals t 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. 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 construct 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 . 7: 35 p.m. Application of WARREN AND 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 ofWARREN 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. :50 _ Application for GEORGE J. WIESER, by Garrett A. Strang as agent, Box 1412, Southold, NY for a. Variance due to la k _® 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 Parce ID No. 1000-97-06-010 . Pa4.6 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 fora 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 SOU THOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN (end of legal_notice_for_publication) 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 FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No. . . . . . . . . . . . . . . Date . . . . . . . . . . -ele, VX 7,-,,:V,11,E Z l.�r.z. . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . 1.�. . . .l �. . . . . . . .. 1 qI._. . for permit to construct . . , , . , . , , , , , , at Location of Property � �s . . . iorr \. -.'�/.�/� . . . . . . . . . . . . . House No. Street llamlei County Tax Map No. 1000 Section � 7 . . . . Block- . . . . 6 . . . . . . Lot Subdivision . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . .—'. . . . . . . . . is returned herewith and disapproved on the following grounds' -`? . . ./�.�- .: . . . . . .Cif .. . . . .�G. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �� �. . .. . . . . . . ./.o . - . . � . . -. . . . . . . . . . . . . . . . . . . . . Building Inspector RV 1/80 . REECOVED _ ^ T���'k� 4�F S��U^���OL0, 0�E�fl�ORU� ���� v��^w � APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL N��. �^�^/ 7 x' YmM CIA* SOUNW, � . DATE .~A� ���.���__ x r' TO THE ZON(NG BOARD OF APPEALS, TOWN OF SOUTH[}LD, N. Y. l, (We) ...61 ......^��9�� ................. ........... Name of /\ope||ont Street and Number � /� �� ......................—....��.f�%�n� ...................��............ ......*���a��—..—...HEREBY ��PPE�`LTD oaun/opoxry State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: ISAV3 FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO ----'����—_--.~.---'—.~..------~' ' Nome of Applicant for permit of ^� . . --.. --..^��'�- ............... `—. urnao/ and Nunnoe, � oxun/c/pooty 5tote ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY PERMIT TO BUILD Street and Hanle one OWNER (S) Map No. Lot No. Sub- section and Paragraph of the Zoning Ordinance by number. Cm not quote the [)ndinonce.> 3. TYPE OF APPEAL Appeal is made herewith for ( ��AAN[E totho Zoning Ordinonco o, Zoning Map�7 'VARIANCE due to lack of access (State of New York Town Lovv [hop. 82 Cons. Laws Art. 16 Sec. 2O0/\ Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (Cos nqk/been made with respect to this 'decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for special permit ( ) request for o variance and was made in /\ppoo| No. ----------'Doted —.---.—.--.___,_,,_,__,_,_.. /R SON FOR APPEAL e"'A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for fhb'ieas'0n 'tka*t' we 'would' like to — zocm Za1 . (Continue on other side) ' — REASON FOR APPEAL Continued ' 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or? unneces sary`HARDSHIP because say y0>4 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 r `l 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because CAeoC �® '1d'LCJ�, cG'J � �'Gd — G� STATE OF NEW YORK ) ) ss .. ...... .. ... ........... . .. ................................FU�C SigCOUNTY OF�uF nature Sworn to this .............................................. day of........... ...... ...(fit...................... 1903 ROBERT A. KELLY NOTARY PUBLIC, State of New York No. 52.2080525 NQua;:fied in Sufiotk County � Term Expires March 30, 19� otary P*ic 5 it 4' \� oF ' i 104.3 203 5, 6 Ste�I ;n9 rn 3_\ I r. //o 'o 34 I IZ SO FT. /� r '00 544� E I AREA 6 N,61 �I1 0 46 N.�q o 37'20��E- b• � I60.00• 0 Q FT. 5oa 45 3 5 II 70112 AY 520-Ig5.45 i o ol PEA FT NO E Z N N A E OF ;48660 SQ °' I I v �= MONUMENT o o RIGHT N AREA I h �I I 30 •~ 69045 0O'E� 335'00' N.69°45 5.00 S _ _ 49415 50.F T' S•'3°35,30'�W I AREA 48-73 p O 2j1. ou, dde�� REvisioNs YOUNG & YOUNG o13, 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK N 3g Z)N _3> PROFESSIONAL`T 323 w ALDEN W. YOUNG HOWARD W.YOUNG P. O2 \ LAND SURVEYOR. N'Y.SELIC. NO. N.Y.S. LLICV EYOR ,50 NO. 45893 S 13 2.. �. .,:;.. 1309 o 9 a n SURVEY FOR:.. UNAUTHORIZED ALTERATION OR ADDITION TO . . THIS SURVEY IS A VIOLATION OF SECTION MANU EL ALMEI DA 7209 OF THE NEW YORK STATE EDUCATION LAW. OF " MINOR SUBDIVISION ° ,••;; �"�_ " ,I COPIES OF THIS SURVEY MAP NOT BEARING +'� •• �;�� 'f�/�`"•�L�Y'y�•(_� ,�� - THE LAND SURVEYOR'S INKED SEAL OR �. "�• EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. AT GUARANTEED TO: C U T C H O G U E i t, GUARANTEES INDICATED HEREON SHALL RUN (� ONLY TO THE PERSON FOR WHOM THE TOWN OF SOUTHOLD 41cX SURVEY IS PREPARED,AND ON HIS BEHALF T C' (..� • TO THE TITLE COMPANY,GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED Blk 3 4, 7 3 HEREON,AND TO THE ASSIGNEES OF THE SUFFOLK CO.,- N.Y. LENDING INSTITUTION. GUARANTEES ARE NOT TRANSFERABLE TO ADDITIONAL A+ INSTITUTIONS OR SUBSEQUENT OWNERS. SCALE: I"_ I 0 0, DATE: N 0 V. 1 , 19 7 ( 41 -8 58 .1- 1159 8-71 10671• � 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 N 32 Application Dated February 27 , 1984 TO: Mr. and Mrs . - George Wieser [Appellant (s) ] 1415 Harbor Lane Cutchogue , NY 11935 At a Meeting of the Zoning Board of Appeals held on April 5 , 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 100-32 [ ] Request, for The public hearing on this matter was also held on April 5 , 1984. Upon application of GEORGE AND NATALIE WIESER, 1415 Harbor Lane , Cutchogue , NY for a Variance to the Zoning Ordinance , Article III , Section 100-32 , for permission to construct accessory swimmingpool in an area other than the rear yard , at 1415 Harbor Lane., Cutchogue , NY ; County Tax Map Parcel No . 1000-97-6-10 . The board made the following findings and determination: By this appeal , applicants seek permission to construct an inground �swimmingpool with deck of an area totaling approximately 1 , 600 sq . ft. -T-na approximately 150 feet westerly from the ordinary highwater mark which is shown on the April 24, 1980 survey prepared by Roderick VanTuyl , P . C . The pool will be situated forward of the existing lZ-story frame , one-family dwelling and will have a setback from the north and south side lines approximately 60 ' and 45 ' , respectively The premises . in question is located at the east side of Harbor Lane , Cutchogue , contains approximately 2 .0 acres in area , and has a width of 168 feet (average ) . For the record , it is noted that the property in question has received conditional variances on February 253 1983 , Appeal No. 3071 ,for an accessory .s.torage building and on November 25 , 1983 , Appeal No . 3177 for conditional approval of access over applicants ' 1.5 ' wide right-of-way: In considering this appeal , the board determines : (a ) that the relief requested is not substantial ; (b ) that by the granting of the requested relief, a precedent has not been set and therefore will not adversely affect the character of the neighborhood ; (c ) that by allowing the variance , no substantial detriment to adjoining properties would be created; (d ) that no adverse effects will be produced. on available governmental facilities of any increased population ; ' (e ) that the relief requested will be in harmony with and promote the general purposes of zoning ; and (f) that the interests of justice will be served by allowing the variance , as indicated below. (CONTINUED ON PAGE TWO) DATED: May 28 , 1984 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal . No. . 3224 Matter of GEORGE AND NATALIE WIESER Decision Rendered April 5 , 1984 Accordingly , on motion by Mr. Goehringer , seconded by Mr. Douglass , it was. RESOLVED, that Appeal No: 3224 , application of GEORGE AND NATALIE WIESER for permission to .construct accessory pool. struc- ture in the, frontyard .area , BE AND HEREBY IS APPROVED AS APPLIED AND WITH THE FOLLOWING CONDITION: No lighting shall be permitted that may disturb neighboring premises . Location of Property : 1415 Harbor Lane , Cutcho.gue , NY ; County Tax Map Parcel-No. 1000-97-6-10: Vote of the Board:, Ayes : Messrs . Goehringer, Doyen , Grigonis , Douglass and Sawicki '. This resolution was adopted by unanimous: vote . GEf�ARD G H, IN R, RKN. May 2 9 3,..1984 RE CEDED ESTATE OCT EASEMENT . Tof CGUNi ry 1.THIS INDENTURE, made the '4th day ,of October, 1983, between NATALIE L. WEISER, residing, at (no. #) Harbor Lane, . Cutchogue, Town of. Southold, County of Suffolk and State of,New York,. party of the 'first part, and GEORGE :J. WEISER. and NATALIE 'L..` WEISER, hisl'wife, both residing at' (no'.#) Harbor Lane', Cuachogue; Town: of. Southold, County of Suffolk and State of New York, party of the second part. . Witnesseth; That the party- of_ the first part, in consideration of Ten and - no/100 :($ 10..00) Dollars, , lawful money of the United States, paid by the party of the second part, the receipt of- which is Hereby acknowledged, has, .granted 'and . released; .and by. these presents 'does grant .and rel.ease , unto GEORGE J.' WEISER and NATALIE L. WEISER, his wife; the party of the second 'part, and assigns forever, for. the of constructing and maintaining. a driveway. for the ingress and egress of persons over said driveway and for bringing utilities and water along .said driveway,a private right' of way, 15 feet wide on- the northerly . side. of,the property described as follows ALL that certain plot,_ piece or parcel' of land situate, lying and being at Cutcho ue in t col g , he -Town of Southold, County of Suffolk and State of New York, bounded .and ,described as ,follows: . ' 4` BEGINNING at a poin,t. on the easterly side of Harbor Lane, .distant 1 ,265.41 feet southerly when measured .along` the easterly side of DIS,T. 1000 Harbor. Lane from the corner formed. by the, intersection of the SEC, easterly side of Harbor Lane with the .southerly. side of. Main Road; 09100 RUNNING THENCE North 67° 46' 00" East and along laiid .now,or BLOCK 0600 formerly of 'Peter- Sterling 20796 feet; LOT THENCE South 200`31 ' 20"'.East. 165.07 feet to land now or formerly 009000 of K1am Properties Inc. ; THENCE. South 670 46.' 00" West along last mentioned land 1.94.34 ft. to .the eas.,terly side`of Harbor'"Lane; THENCE North 25� 15, 100" West along the easterly side of Harbor Zane 165.,23- .feet to the,'point or plane of BEGINNING;_ said right of.way',extending from Harbor Lane to the. boundary of property currently . owned by. the party of the second part'; for the benefit of and -as an easement appurtenant to that eland in ,the County .of Su.ffolk, .State, of New York, °described. as a 556 -ALL- .:that certain plot. piece .or parcel of land with, the buildings thereon erected', situate,. lying and being at Cutchogue, in the Town of Southold, :,County of Suffolk and State of New York, bounded.. and described. as follows: BEGINNING at a point in, the northwesterly corner of the herinafter described1premisesil said point being distant southerly, and easterly from the corner formed by the intersection of the easterly side. 0f Harbor Lane with 'the southerly side of Main Road; 1), `southerly along the .easterly �side.of Harbor' Lane, ` 1,265.41 feet. toa pipe; 2) North" 67 degrees 46 .minutes 00 seconds East .and along land.now or formerly of Peter Sterling 20.7.96 feet to the point of beginning; " RUNNING THENCE from.said. ,point of beginning North 670 46' 00':' East an&'along'last mentioned land 542.04 feet to the ordinary high water mark of `Eugene's Creek; THENCE southeasterly along said ordinary high.:water mark of Eugene's" Creek on a' tie' line course and distance of South 360 51 ' "East 170.52 feet to land now or• formerly. Klam Properties Inca; ,THENCE South 67, 46' 00" West along last mentioned land 590.00 ft. THENCE North 200 .31 ' 20" West 165.07 feet to the point or place of BEGINNING, or any portion thereof... Being and intended to be an easement as •hereinbefore described over the same premises_ conveyed to the party of the first part herein by deed 'dated" October .2, 198Q., said deed being recorded in the Office of" the .Clerk of the County ' of "Suffolk in .liber 8894. at page 45 on October 7, : 1980. In witnes# whereof, the of the .firs.t 'partpart has he set her hand d "seal the day and year first above written. 1 . I rese aAtALIE L._ WEISER" k C� Party, of the First .Pant. at f ew o f Suffolk)s.s. s Ong 4th day of .Octobere , 1.983, .before me personally came Natalie L. W iser, to me known to be the individual' described in and who " executed the foregoing "instrument, and acknowledged that• she executed the same al j0 N . Notary Public r ROBERT A, KELCI G0QX 8fi. O, Z . 130 P7.ease record and return. to: NOTARY PUBLIC Ste 4d�1C Robert A. Kelly, Esq. No.-52.2080525 277 Mill Road Qualified in Suffolk.County - 1tltm Expires March,so,18, J.. Westhampton Beach, N.Y. . 1 1978 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 December. 6, 1983 Robert A. Kelly, Esq. 277 Mill Road Westhampton Beach, NY 11978 Re: Appeal No. 3177 - George and Natalie Wieser Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered - and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either . our office (765-1809) or that of the building inspector (765-1802) . Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda F. Kowalski Copy of Decision to Secretary Building Department Mr. and Mrs. George J. Wieser z � 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 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 lk Enclosure ROBERT A. KEL.L.Y ATTORNEY AT LAW TELEPHONE 268-2676 AREA CODE 516 - 277 MILL ROAD WESTHAMPTON BEACH, NEW YORK 1197a December 8, 1983 Southold Town Board of Appeals Main Road —State Road 25 Southold, New York 11971 Attn: GERALD P. GOEHRINGER CHAIRMAN Re: Appeal No. 3177 - George and Natalie Wieser Dear Mr. Goehringer: As per your letter of December 6, 1983 with attached decision and as per paragraph. 3 in the Resolutions of said decision, enclosed please find a photocopy of the recorded.Easement.which was recorded in Liber 9438, page 555-556 on October 7, 1983 in Suffolk County Clerk's office. If you should have any questions concerning this matter, please do not hestiate to call upon me. . Thank you. Ver Truly Yours, VA ZQAfale ROBERT A. KELLY cc: Southold Town Building Department Main Road —State Road 25 Southold, New York 11971 I�Ip f p Ap, a Tovwn of Audi, y _ .. ..........�. .._.F'y..•.�.%_-.. ..._.._ `. _._....„. ....... ....._._..,.... .. _ ... - - ... _,,.....a ..�...,_.,w._._.v.. ...x N^; Fes•` \�t�'] , 1 'I ,.t �! � .��ttttl CFI •_, �.S ' iI `•4 `L . r..F'/ {. ,.r,rr l �r.. ��I.T � `` . .� .�.' �. ... � � �t',e`� �!j°�ltp iw r�� ,�4. ti�F51 �� , - • ,. ,t�...i. 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PiI � .!r h:.(� �7 t� ... :.. �. _....J .v._._ _..-....__....__... �'•, � -' � $fled ,�._,_. •�,, � .� � , ,1 _. - Y 1 .. l�•�11V a` ! -�i'l ii'f� 1.t_.'`:` _ti.�1•' -�N Ph .. +•y�" u_ ,......._., ....- ...:... .,gip•,4 1 r �' �� lti�(.LC-! i1 _� r:+C•cy if � ..ti ,.. ,� - VA .. . I`., {r.r.l i'•�Y t� a` v'{'!+ ,� ' r rort ..' L.� tR� • � .��./�Ov/1 Board-of Gleam 1 C.1 ! ovrt'of.Southold � ;t r • _.._ ._ f� • YrYr iC•,d°• 'L�j' 4'f t�✓6 rt�Ll t''b ' �. � � ..�-i • Ir �I:E i..'I I:<AIISrE.. •. ,_.�...,,-�..... - -.- ._. ... .... ....„ _ r. � .._.._—_. -�- .r=� :JTa_,I'IS CTii SUBS+:.'", ...- ._.:-. .. .,- ..--_...�__.._ .....,_._-d n a�a 3N.I . 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. S.E.Q.R.A. SERGE DOYEN, JR. October 11, 1983 ROBERT J. DOUGLASS NEGATIVE DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO. : 3177 PROJECT NAME: GEORGE AND NATALIE WEISER 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:. Approval of access pursuant to N.Y. Town Law, Section 280-a. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more -particularly known as: Private right-of-way off the east side of Harbor Lane, Cutchogue, NY. 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 in question is not directly related to new construc- tion. 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. m LU Ol Ljpp o . EASEMENT ^vim c� �1THIS INDENTURE, made the 4th day of October, 1983, between NATALIE L. WEISER, 0 residing at (no #) Harbor Lane, Cutchogue, Town of Southold, County of Suffolk and State of New York, party,of the first• part, .and GEORGE J. WEISER and NATALIE L. WEISER, his wife,' both residing at (no #) Harbor Lane, Cutchogue, Town of Southold, County of Suffolk and State of New .York, party of the second part., . . Witnesseth: That the party of the first part, in consideration of Ten. and no/100 ($ 10.00) Dollars, lawful money of the United States, paid by the party of the second part, the receipt ,of which is hereby acknowledged, has granted and released, and by these presents does grant and release, unto GEORGE J-. WEISER and NATALIE L. WEISER, his wife, the party of the second part,, and assigns forever, for the purposes of .constructing and maintaining a driveway for the ingress and egress of persons over said driveway .and for bringing utilities and water along said driveway,a private right of way, 15 feet wide on the northerly side of the property described as follows: ALL that certain plot, piece or parcel of land situate, lying and -being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Harbor Lane, distant, - 1,265.41 feet southerly when measured along the easterly side of DIST. 1000 Harbor Lane .from the corner formed by the intersection of the SEC. easterly side .of Harbor Lane with the southerly side of Main Road; 09700 RUNNING THENCE North 67 . . 46' 00" East and along land now or BLOCK 0600 . formerly of Peter Sterling 207.96 feet; LOT 00.9000 THENCE South 20� 31 ' 20" East 165.07 feet to land now or formerly of Klam Properties Inc. ; THENCE South 670 46' 00" West along last mentioned land 194.34 ft. to the easterly side of Harbor Lane; THENCE North 250 15' 00" West along the easterly side of Harbor Lane 165.23 feet to the point or place of BEGINNING; said right of way extending from Harbor Lane to the boundary of property currently owned by the party of the second part; .for the benefit of and as an easement appurtenant to that land in the County of Suffolk, State of' New York, described as: i ALL that certain plot, piece or parcel of land with the buildings thereon erected, situate, lying and being at Cutchogue, in the Town of Southold, County of' Suffolk and State of New York, bounded and described as follows: . 'BEGINNING at a point in the northwesterly corner of the herinafter described premises; said point being distant southerly and easterly from. the corner .formed by the intersection of the easterly side of Harbor. Lane with the southerly side of. Main, Road; 1) southerly along the easterly side of Harbor Lane, 1 ,265.41 feet to a pipe; . 2) North 67 degrees 46 minutes. 00 seconds East and along. land now or formerly of Peter Sterling 207.96 feet to. the point of beginning; RUNNING THENCE from said point .of beginning North 670 46' 00" East and along last mentioned land 542.04 feet to the ordinary .high water mark..of Eugene's Creek; THENCE southeasterly along said ordinary high water mark of Eugene's Creek on a tie line course and distance of South 360 51 ' East 170.52 feet to land now or formerly Klam Properties Inc. ; THENCE South 670 46' 00" West along last mentioned land 590.00, ft. THENCE North 200 31 ' 20" West 165.07 feet to the point or place of BEGINNING, or any portion. thereof. Being and intended to be an easement as hereinbefore described over the same premises conveyed to the party of the first part herein by deed dated October 2, 1980, said deed being recorded in the Office of the Clerk of the County of Suffolk in liber 8$94 at page 45 on October 7, 1980. In witness whereof, the part of the first part has hereunto set her hand seal the day nd year first above written.. I enc NATALIE L. WEISER Party of the First Part St N w Co nt f Suffolk)s.s. : PPPn th th day of October, 1983, before me personally came Natalie L. Weiser, to me known to be the individual described in and who r.executed the foregoing instrument, and acknowledged that she executed the same. Notary Public-- . 0 Please record and return to: Robert A. Kelly, Esq. 277 Mill Road ROBERT A. KELLY Westhampton Beach, N.Y. 11978 NOTARY PUBLIC, State of New York No. 52-2080525 Qua7fied in Suffolk County Term Expires March 30, 19;�5 be held by the Southold Town + uir _ju Yvoou, Deing auiy sworn, says Tnar sne is me Zoning Board of Appeals at . Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, the- Town Hall; Main Road Southold, N.Y. on ThurqdioL a public newspaper printed at :hold, in Suffolk County; October 27. 1983 eotnmencing 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 j a cr,C... ...........: ...........•..•................... . 3. Variance to the.Zoning'Ordin- ' dayof 19 ance, Article III, Section 100 32,for permission to construct •••••• ••••••••••••••••••••••.... .�..'�'�� {t: detached accessory garage`"in- the frontyard area at premises, :'known';as'Lots':`1. and 2:at Chocomount, located on'"a 1?rivate Road, ai' Fishers"'Is=' land, N.Y.;`County Tax Map Sworn to before me this `�.............. day of Parcel ID No. 1000-004-05-5.4:".' """""""" -P.M. ,,pPPlication '`of WARREN AND ELLEN I�UFE ............................................. 19 FS.......... - ?L,i by "Marcia"2. Hefter, 108 East Main Street,•'River•.", ".';head, N.Y "for a Variance,to;.. ;the 'Zoning Ordinance;';'Ar °ticles VII, Section 100-60, and ry VIII, Section 100-80(B)[1] for Nora blic permission to establish a ma 4a chine shop for manufacture o hardware,.a"use, permitted in: • CLl_.Art:jTj. laCipApSOIN the ".C-Light `r.Industrial ;40TARY PusLIC,Stag of 1 y Zone. The sub'ect remises is' 01-52-9321725 J P ission ng in ,pgar CauPty ✓ 'zoned"B-Light Business'.'and : Commission Expres iffnrrh A d is located at the.South'Side.of ",C.R i 488Southold, County-Tax Map Parcel ID No 1000 59111-005 9 45 pm Application of `;;-WARRENAND E`L"'L E N _HUFE, by Marcia Z. Hefter;': ':',Esq.' 108 East Main Street,*' -Riverhead, N.Y. for a Special Exception to the Zoning`Or,- " dinance,'Article VIII, Section I00-80(B) for 'permission to establish a-..."C-Light Indus trial'.': use in� this`"B-Light : `.Business." Zohe,'at'premises:` 66 located at the South Side 'o C:R. - 48, ''Southold,"' '`N.Y.;'' County Tax Map Parcel ID No: `•' .`1000-59-10-005 :SO p.m.' Application`'for " GEORGE . J. WIESER, by" Garrett A. Strang`as.'agent,_., x( `Box 1412,Southold,N.Y.for a;. /O Cam. �2 cLdc,t Variance due to,"lack .qf ap-..� .:proved access,`:`'New York Town Law,"Art 1-16;'''Section 280-A, over a private right-of; i waylocated at the East Side of,:', "harbor` .Lane, ��:�Cutchogue, ,' N.Y.; ,premises ,in';question: Connty Tag Map Parcel ID No�j 1000 97-06=010 �t � r-i.F�� 7t55 p.m Rehearing';; of Appeal No. 3130. Application' - ofROBERT W.,GILLISPIE III -'by`Stephen R. Angel, Esq :108 East Main Street, River- "hegd, N.Y. for a`Variance to .O the Zoning Ordinance, Article VM, .Section '100-71, ;Bulk ;`.Schedule,• ,for''::approval oF. insufficient area,'.-width and sideyard`setbacks of building " in this"proposed two•lot divi sign of property located at the.,,-., northeast comer of,'o,)Main ,Road, and Beckwith Avenue, Southold, N.Y.; County Tax-' ,:.Map Parcel Nos. 1000-61-02 005, 006 and 007. For additional information `Concerning the above matters; -�� _: please contact Linda Kowalski-Y.,. - Secretary, Zoning Board of Appeals, at the Town Hall,`•': 765-1809 (or 1802). <•;[�/�d. DATED: September 29, 1983. BY ORDER OF THE SOUTHOLD TOWN --—BOARD BOARD OF APPEALS _ 4 Parcel ID No.1000-004-05-5.4. p.m. Application of WA EN •:AND ELLEN in _ 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 1WO(B)[11 for permission to establish a �e machine shop ..• t.. for/ manufacture of hardware, a use permitted in the "CGLight Industrial" 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. 1000-59-10- L'>. z 7t45Application'of . WARREN;=ri.:pND :.;'ELLEN HUFE,"by Marcia'.Z: Hefter, Esq., 108 East_Main Street :;F� Riverhead,,NY for a'.Special. ;. Exception ,to.�the Zoning' fi i Ordinance,' :'Article :„,VIII,:.;.;;"}t Section 100-80(B) for.per- mission to 'establish.a''"C.='.:: -Light Industrial" use in this" "B-Light Business";.Zone,'at,(P premises located at the South Side of C.R:.48,,S6uth6ld;NY;. I County.Tax Map Parcel ID" No 1000-59-10-005 '� c ;,•�„�;;' p.m; Application for , r GEORGE.. Garrett'' :Strang"as agent,";:�! Box 1412,Southold,,NY for a 'Variance ':due to' lack of `approved access;;New Town Law;:A it..l6;'Section 2WAj over a,private light-of-,';tip' STATE OF NEW YORK ) ,Way located at the East Side of Harbor Lane;'Cutchogue,'NY; < ? ? 1 SS: ;premises in questioric:'County COUNTY OFSUFFOLK ) Tax Map Parcel ID,No 1000- - '`fX� '`., `A�n,i :.•r-r'�S +epr�s.��� a.;f.' �N C'i�S TAVGON said Count of Greenport, in fif �f�?? i, .} Y. being duly sworn,says that he/she is Principal Clerk of THE SUFFOLK TIMES,a Weekly 7:55 p in .Rehearing "of ews N Appeal No. 3i39. Applications Paper, published at Greenport, in the Town of ftOBERT.W-..:,GILLISPIEi of Southold, County of Suffolk and State of New III,byStephenR Angel,Esq York, and that the Notice of which the annexed is 108 _.East :Main ,;Street, ` Riverhead,NY.fora Variance ' a printed co :ao the Zoning Ordinance,; PY, has been regularly published in ',:;`Article VII, Secti6n',100-71 said Newspaper once each week for one (1) . ;,:'Bulk Schedule,for.approval of ', weeks successively, 2 0 th ':insufficient area;. idth'and,: Y. commencing on the aideyard setbacks..of.building: da y of October 9�in this- proposed...two-lot 3 division.of property located at the northeast.corner'.of,Main:; :+ :.Road, and Beckwith Avenue,_ Southold,,,NY.;'-;.County:Talc,;; Map Parcel.Nos j000-61-02- 005,006 and 007: z;;;'iY? Principal Clerk For additional jnforinatioa s concerning the above matters;'. Sworn to before me this please' contact �;;,Linda Kowalski, Secretary;;Zoning;: day of O e r g 3 Board of Appeals,i at;they Tow►3!' Hall,7D:Se 9 e 1802)..,.;r�a�;r:j p DATED:September29,i983:�.�� � ^ ;.',i BY ORDER OF..;; THE SOUTHOLD TOWN , AL NOTICE , •BOARD OF APPEALS r, .�� NOTICE IS HEREBY fr GERARD P uGOEHRINGER GIVEN,=pursuant to Section t"' , �'F' CHAIRMAN t F," 267 of the:Town Law and the Ef- T020r L 4 ,;o. Provisions of the Amended Code'of the.Town of Southold,' a Regular.,Meeting 'and the following public hearin g s will b >' be held y the Southold Town !` Zonin Board of A g ppeals at the_Town-Hall,Main Road, = 0 thold,NY on Thursday, _ .rOctober 27."1983 commencing. . :at 7*30 o'clock p.m, and as ":'follows p.m Applicationlof LLIAM L. MUSSER.,by.... '',Michael F. Doyle, A.I.A.,.as ' "agent, 506 East 84th Street, .,New York, NY 10028 for w! Variance. -to .:;the Zoning ".Ordinance,'Article III, Sec- ',tion 100.32, for permission to con:-:;-; struct detached accessory . :':;garage in the frontyard arena at preauses.known as Lots.1: 2 at Chocomount,located Harbor Lane October 28 , 1983 Cutchogue, NY 11935 ' Appeals Board Members / oar,, of Ali o 11 SOUTHOLD TOWN BOARD OF APPEALS t• p rdSouthold,l NY 11971w Main of �� �� � Attention: Mr. Gerald Goehringer Gentlemen: In regard to my appeals hearing, which took place on Thursday evening, October 27th, I would like to formally request the Board, that I be notified ahead of time for the inspection of my property on Harbor Lane in Cutchogue . I am requesting this due to my assumption that there might be a potential misunderstanding relative to state- ments that were made by my attorney and I during the meet- ing. This matter could be easily clarified if I were able to meet personally with the Board members upon their inspection. Therefore, would you kindly see to it that I am notified as to the anticipated date and time of the inspection. Thank you, V tr ly our , o e Wieser GW/js STATE OF NEW YORK) COUNTY OF SUFFOLK)s.s. : ROBERT A. KELLY, being duly sworn, deposes and says: 1 . That he is an attorney, duly licensed to practice law in the State of New York, and maintains an office for the practice of law 'at 277 Mill Road, Westhampton Beach, County of Suffolk and State of New York. 2. That attached hereto and made a part hereof is a copy of an easement which was duly executed by Natalie L. Weiser, granting to herself and her husband, an easement which was recorded in the Office of the Clerk of Suffolk County on October 7, 1983 at 10:49 A.M. , said easement covering burdens land owned by the said Natalie L. Weiser, bearing Suffolk County Tax Map Designation District 1000, Section 09700, Block 0600, Lot 009000. 3. That he makes this affidavit to confirm to the Town of Southold that said easement has been duly recorded and is a matter of public record, and to induce said Town to accept copy of said easement in the issuance of a building zone variance to said Natalie L. Weiser and George John Weiser, her husband, both of whom reside at Harbor Lane, Cutchogue, New York. Sworn to before me this 7th r day of October, 1983. I ROBERT A. KELLY JOAN URBAN NOTARY PUBLIC, State of New York. No. 52-4657632 Qualified in Suffolk County V Jfirm fxpires March 30L 19'O REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or, unneces- sary HARDSH I P because V -e 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 V;Z 'aol&;Ak� clepL.,-C - STATE OF NEW YORK ) _ .................... ss COUNTY OF f�) Signature Swornto this .............................................. day of. .................. ..` .................... 19 T3 ................................... ...�. ....... .. ............ Notary Public ROBERT A. KELLY NOTARY PUBLIC, State of New York No. 52-2080625 Qua,°fW in Suffolk County Ss Term Expires March 30, 19 TOWN OF SOUTHOLD, NEW YORK A@P�A�3FROM DECISION OF BUILDING INSPECTOR APPEAL NO. V'/ 77 DATE TO THE ZONING BOARD OF APPE LS, TOWN OF SOUTHOLD, N. Y. 1, (We) a14, e.... of ... .......... ........... . . ............................. Name of Appellant Street nd Number ................... �!Y�C�1G '°1. .............................................. .....AF..........HEREBY' APPEAL TO *Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: ���� FOR: G� WHEREBY THE BUILDING IN/�SPEC/TJOR DENIED TO / f4... ..Y..... a9V..............T.:..`........ Name of Applicant for permit of ,1 a Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( PERMIT TO BUILD cike 1� , 1. LOCATION OF THE PROPERTY ...... Street andamlet / Zone ..Of7......................................C/��"...��.�...... OWNER S) . . � .. Map No. Lot No. j DATE PURCHAS D: ��. .< " 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 X/P1 , Section /&0 — /V//5 3. TYPE OF APPEAL Appeal is made herewith for ( ARIANCE 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 (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- fbr'thb reason-that we would like o el. I� Form ZBl (Continue on other side) .. Memorandum from .�. . Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 'Date: 10/3/83 TXx MEMORANDUM FOR THE FILE From: lk In speaking with George Wieser today, he plans to file 280-a variance for approval over existing traveled road on Parcel Two although he has legal R-O-W over Sterling Subdivision 50 ' R-O-W (unimproved) . Will submit proposed indenture conveying legal right over traveled road on Parcel Two from his wife to him. Will try .and file everything by October 14th, 325-0110 lk 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 October 7, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herwith is Zoning Appeal No. 3177 application of Garrett A. Strang for George J. & Natalie L. Wieser for a variance . Also included is notificatio to adjacent property owners; Short Envrionmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Depart ent ; and survey. Judith T. Terryr� Southold Town Clerk CC- RECIVED TOWN OF SOUTHOLD, NEW YORK fD074 7. 1983 /I '-7 APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. V /,'/ TOWR plerk Sntat nIf 7 DATE e!MO_�....... TO THE ZONING BOARD �OF`APPEALSS TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number ................. . .. *" ...................................... ............HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: O:S/-f3 FOR: !�'����!� � owell,-A y WHEREBY THE BUILDING INSPECTOR DENIED TO &iN�_e.....---�, .....4.............. Name of Applicant for. permit ofJ'vie? 'r...... !0r.../?'? (_. (7!�t��+ � ................... ���... 1 ... Street and Number Munic pality State { ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( � PERMIT TO BUILD 41'&7v 4A1e_11,' v If- 1. LOCATION OF THE PROPERTY .... ® /4WW �....................................... .. ....... . ... .. ,�pp /44 Street and Ham le one ...................................(1C� l..~..���......... OWNER S) • . . . . Map No. Lot No. DATE PURCHA D: .1. . > , . . 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 Xj►✓ , Section /&p — /fI/ �6 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( p,�- 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 (ha ( as 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 o 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 reason that we would like to .aw',x4e4le� C S� Form zB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT .APPLICATION OF THE ORDINANCE would produce practical difficulties or'bnneces_- sory HARDSHIP because s9Gie Cs5 l m Are ,`c"ov S 7�f�,c.a�Ehc oCS of D� C,S 5 ot9;�S e7cr/ce G�efi r L�&e es f ve v .-Z,0C AeL law.- ell Ow' 1.5 i i-t ^ fe JCI vaLjdd s c: o W10's /f �'r� /�Gr✓ZfISS �,�GtG l� '7�G�0 Lf9 f�� �e'_ i�'J/,Y!'V�/�s'tJ�'�4 � ���© 6 A,e-- e-4" 149 1 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 _ C i So be �erp ..f�5 �U /�C'-Ces� k��.,�u >✓ 1.�3 C; S 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because =-4- &0oj id be- vrn A�w`�/ u� RS ��s �r►ve°c' '� STATE OF NEW YORK ) r�K) ss COUNTY OF ) Sigha'ture Sworn to this ........... ............................... day of...............4�. U�..................... 19 93 w, ........................... ................ . ...... ........... ......... Notary Pu lic ROBERT A. KELLY NOTARY PUBLIC, state of New York No. 52.20$0525 Qua':fied in Suffolk County Term Expires march 30, 19�� BOARD OF APPEALS, TOWN OF SOUTHOLD In the.Matter of the Petition of NOTICE •to the Board of Appeals of the Town of Southold TO ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: a 1. Th 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 hich is h subje oft a Petition is loc d a jace�t to your property and is des- cribed as follows: 3. That th roperty wh ic1h is the subject of such Petition is located in the following zoning district: ,� v i .CIE , 4. That by such Petition, the undersigned will request th following relief: zg 5. That the provisions of the Southold Town Zoning Code applicable to;he relief sought by the under- signed are Article XZ-- Section /gOpj — I V1 /J 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 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 atch'man, newspapers,.publ.ished in the Town,of Southold and designated for the publication of.such notices; t youA your re resenfative have the right to appear and be heard at such hearing. Dated: Peti on P st O e Address PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS s X . P 449 890 080 P 449 890 079 RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL (See Reverse) nt to �� (See Reverse) .; Street No �yG/�re,<.�l r Street d No. P.O.,y#ate ar1fl- P Code - f,13 -. G C, %EC.r fl` P.O. tatee ZIP Code �.� G ..[i Postage $• �� Postage $ Certified Fee I Certified Fee 7 Special Delivery Fee I Special Delivery Fee Restricted Delivery Fee i � Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered /J Return Receipt Showing Return Receipt Sh 4": om, "` I to whom and Date Delivered N Date,and Add s ofi Ddfiivery� Return Receipt Showing to whom, N N Date,and - �+es�s o p riv ry TOTAL P 4tage a Fees oo a , a TOTA�Page and F is Postmarkloi Date n, o ; r: '. �J P, Post a�Jc'-orQa . CO oo oo a o � r w a STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) _ U rW joki (/V I residing at _bn L U i being duly sworn, deposes and says that on thej��'. day r of 6"WA , 19 5'_'3 , 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 add sses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices wer ailed a e Unite States Post Of- fice at WpS` an�n — C� Lh, �'�l �• ; that said Notices e e maile t eaZfi�4,ai persons by (certified) (registered) mail. Sworn to before me this day of (' Ue, , 19 �3 Notary Public ROBERT A. KELLY NOTARY PUBLIC, State of New York No. 52.2080525 Qua::fied in Suffolk County i ,arm Expires•March-30, r9 m m .4. 95 7 4 46.4 0 .'Z,07,9A 43.1 k 71 w tv P�a ecel Aio ti 1'4. a 4�4* 7 J- 49 7 446 w -PV.t-'t,--p Arl.' . ....... OP l7y �'o P)z AO A m Ar, 10 7 A. r --if A40 aec MWTMC�M LnlAfKM U.^=TO% 10 THS Smviv CS A VIOLATION Of SICUON 7W9 OF THE Ntw Tom STATE MUCA74M LAW. com OF Ims Sutvfv aw rk-,6g7*Ac,-"4t rraze NOT WARHmG 09 LAND WRVEYORIS WM SE i, &or AL OR j, CID UIWSW SEAL SMALL NOT K CONSCUID X A VAM TRUE Co". PUALAHM 001CATED MWON SMALL RUN 9*0 TO TMI PERSON FOR WHOI U PWARED.AND ON HIS KHALF To rdt AGENCY A I=COWANY.GOVWumNtAL U"yw-VanTutiom Usm IIEUCH, AP.QL .71A 64- e 4 W�w"- . 10 THUA5960HEU OF THE OWNG"I I e, MMU WAKAKTIK ARE NOT Tit oi Y,-:-:!.., 10 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 M likely impacts of the action. It is not expected that additional studies, research 0 or other investigations will be undertaken. cc (b) If any question has been answered Yes the project may be significant and a Ln completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. '4 (d) Environmental Assessment L 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes INO rn 2. Will there be a major change to any unique or unusual land form found on the site? . . . . . Yes ZNO z3. Will project alter or have a large effect on 7 an existing body of water? Yes No b 4. Will project have a potentially large impact, on , / 0 groundwater quality? Yes Y No :J 5• Will project significantly effect drainage flaw O on adjacent sites? . . . . . . Yes No 6. Will project affect any threatened or endangered plant or animal species? Yes No 7. 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 V/ known to be important to the community? Yes 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 Qenvironmental area by a local agency? Yes _ No 10. Will project have a major effect on existing or / 4+ future recreational opportunities? Yes. 7No O 11. Will project.result' in major traffic problems or cause a major effect to existing transportation rd systems? Yes /No O W / 12. Will project regularly cause objectionable odors, y// noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes No r .. O 13• Will project have any impact on public health or N safety'? Yes No 3 1L. Will project affect the existing community by 0 0 directly causing a growth in permanent popula- tion of more than 5 percent over a one-year b period or hav major nega ive effect on the character of e c ._ unity .r neighborhood? . Yes o 0 O 15. Is there c c n a ver y concerning the project? Yes No 0 PREPARER'S SIGNATURE: TITLE: REPRESENTING: DATE: 9/1/78 (Tcd Date) To: Southold Town Board of Appeals Main Road Southold, NY. 11971 Re : Appeal Application of1G ��� ,,�' Location of Property: 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) [ ] Mav 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. * [ 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 aonro_Limately 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 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. * [Starred items ' (*) indicate your property does not appear to fall within the jurisdi ion of the N .Y.S . D.E.C. ] S in er ly ou , (Si at , ease) NOTE: If proposed project falls w D.E.C. jurisdiction, approval must be received and sub tt d o our office -before your application can be scheduled for a public hearing.