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HomeMy WebLinkAbout2649 i TOWN OF SOUTHOLD, NEW YORK DATE ..1�9�8.0.. ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2649 Dated December 3 , 1979 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. Gunter Morchel Appellant Main Road Mattituck, NY 11952 at a meeting of the Zoning Board of Appeals on December 27 , 1979 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. III, Section 100-32 1. 3&tZ§M6ZXvftCjCXT=XBy resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8 : 00 P.M. Application of GUNTER MORCHEL, Main Road, Mattituck, New York for a Variance to the Zoning Ordinance , Article III, Section 100-32 for permission to construct fence over four feet high in front yard. Location of property: Nassau Point, Amended Map A, Map #156, Lots 18 and part of 17 ; bounded north by Old Men- haden Road, east by Peconic Bay, south by Case, west by Nassau Point Road. (SEE REVERSE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because (SEE REVERSE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because (SEE REVERSE) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. / APPROVED [ O ZONING BOARD OF APPEALS FORM ZB4 J� Chairman Board of Ap Is 4// ' After investigation and inspection, the Board finds that the applicant is requesting permission to construct fence over four feet high for a proposed tennis court. The Board feels the appli- cant' s request is reasonable. The Board finds that strict application of the ordinance would produce practical difficulties or unnecessary hardship; the hard- ship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the ordinance. On motion made by Mr. Douglass, seconded by Mr. Grigonis , it was RESOLVED, that GUNTER MORCHEL, in Appeal No. 2649, BE GRANTED permission to construct fence over four feet high, SUBJECT TO the approval and/or recommendations of the Suffolk County Planning Com- mission pursuant to Section 1332 of the Suffolk County Charter. Location of property: Nassau Point Road, Nassau Point Amended Map A #156 , Subdivision Lots 18 and part of 17, Cutchogue, New York. County Tax Map Item No . 1000-111-9-3 . Vote of the Board: Ayes: Messrs . Douglass , Grigonis and Doyen. Absent: Messy. Tuthill . Y; ;^=I ED AND FIN D BY TU SOU' TOLD TOWN CLERK DATES_ //i/ O I30UR ; � C T_awn Clerk, Tcwn of Southold f I I I NOTICE OF HEARINGS Pursuant to Town Law Section 267 and Provisions of the Amended { Building Zone Ordinance of Southold Town, New York, Public Hearings will be held by the Zoning Board of Appeals, Town Hall , Main Road, Southold, New York, Thursday, December 27 , 1979 on the following : 7 :50 P.M. Application of Y & C HOLDING CORP. , 142-17 38th Avenue, Flushing, New York (Abigail A. Wickham, Esq. ) for a Variance for approval of access in accordance with Town Law Section 280A. Location of property: right-of-way on the northerly side of County Road 27 ; bounded north by _I. Sound, west b Tro ano and McGunni le south b McGunnigle and Ebeling, Y Y g � Y j east by Wicks. j 8 : 00 P.M. Application of GUNTER MORCHEL, Main Road, Mattituck, ®New York for a Variance to the Zoning Ordinance, Article III, Section. 100-32 for permission to construct fence over four feet high in front yard. Location of property: Nassau Point Amended Map A, Map #156 , Lots 18 and part of 17; bounded north j by Old Menhaden Road, east by Peconic Bay, south by Case, west by Nassau Point Road. 8 :10 P.M. Application of GUNTER MORCHEL, Main Road, Mattituck, i i; New York for a Variance to the Zoning Ordinance, Article III, �I Section 100-35 for permission to construct fence (accessory) in f front yard. Location of property: Nassau Point Amended Map A, 1 I i Map #156 , Lots 18 and part of 17 ; bounded north by Old Menhaden Road east by Y Peconic Bay, south by Case, west by Nassau Point I Road. i� 8 : 25 P.M. Application of JAMES REALE (by Peter Stoutenburgh) , fi Skunk Lane, Cutchogue , New York for a Variance to the Zoning i Ordinance, Article III , Section 100-32 for permission to con- I, I struct accessory building in side yard. Location of property: 7845 Skunk Lane, Cutchogue, New York; bounded north by Frieman I NOTICE OF HEARINGS Pursuant to Town Law-Sec- tion 267 and Provisions of the Amended Building.Zone. Or- a dinance 'of. Southold Town, New York, Public Hearings I will .be- held by the Zoning Board of Appeals, Town Hall; Main Road, Southold, -New York, Thursday, December COUNTY OF SUFFOLK.27, 1979 on the following:. `- � 1 7:50P.M.Application of Y& .`;�'` STATE OF NEW YORK, Ss: C HOLDING CORP., ,142-17 1 1 38th -Avenue,.Flushing, New JOAN GUS TAVSON -York (Abigail A. Wickham, . . . . . . . . . . . . . . . . . . . . . . . • '. . . . being duly Sworn. Esq.), for a-Variance for ap-prov S1i� with with Esq.), Law Section 280A.of access in accordance says that . . . . . . . , is Printer and Publisher of the SUFFOLK T Location of,property: right-of WEEKLY TIMES, a newspaper ,published at Greenport. in said way on the•northerly side.of , County. Road ` 27,-L.I. Sound . ; county; and that the 'notice, of which the annexed is a printed bounded north'by L Sound, P ' west by Trh',by and MCGun- copy, ,has been published in the Said Suffolk Weekly Times nigle, south by.'McGunnigle And Ebeling, east by Wicks ONE - once in each week, for weeks = thirteenth 8 T P ORCHE . . j successively-commencing on the . . . . . . . . . . . . . . . . . . . . . . . . . . or_a'Variance•to t e Zonuur_ De•c er tb e r day of . . . . . . . . . . . . . . . . . . . . . 19.79. ° i con- struct for permission to . . . . . fence over: four feet •• • • • •�• • • • • high,in front yard. Location'of ) me Sworn to beforethis pr operty:ert Point. / • • • • ' p y; Nassau Amended.Map A, Map.#156,' ` t Lots•18 and part;of'17;'bound_ day of • • 19.��. J ed north" by Old' Menhaden •� � Road; east by it'by c. Bay, . . . . south by Case;.west by Nassau. Point'-Road.­ : . . . . . . . ... . . . . . . . . . . . . . . . . . .. . . . . . 8:10 P,Ma'`Application of GUNTER ;MORCHEL, Main Road,,:Mattituck, -New,*York .. MARGARET A. YOUNG for a-Variance�to the'Zoning NOTARY PUBLIC, State New York Ordinance,Article-III,Section- Suffolk County - No. 5z-9776895 100-35 for`-permission,to con- Term Expires March 30, 1980 struct fence (accessory)- in front yard.Location of proper ty: Nassau Point 'Amended Map A;Map q156,Lots'18 and .; - part of 17; bounded.north;by Old Menhaden Road; east by Peconic Bay, south by Case, west by Nassau Point Road. 8:25 .P.M. Application of . JAMES, REALE (by :Peter,, Stoutenburgh); Skunk Lane; Cutchogue, New York for a Variance to the Zoning=Ordin-->i ance,Article III,,Section 100- 32f6 ,permission to construct accessory. building, in side i . yard:.Location of.property: . r 7845 Skunk Lane- Cutchogue, New.York;-bounded'north-by Frieinan and Cordes; east by_ Kaller, south,by,Skunk.Lane, i west by Petrucci. ! 8:40 P.M. Application :of CHARLES BOCKLET(by Pe- ter Stoutenburgh), 72 Fourth Street, ,Garden City,. , New' York,for a Special'Exception to the Zoning Ordinance:for,",'. i .permi' ion.to establish second residence on same lot,Article III, Section 100-30A: Location of property: Robinson Lane, Peconic,'New.-York; bounded north by Suskevich; east by Wood,south byHog Neck Bay, west by Robinson Lane. 8:55 P.M. Application of JOHN R. DEMPSEY (North i Fork Equities, Inc:'for Diane Gazza),North Road,Southold, 'New York for a Variance'to the Zoning Ordinance; Article E' III, Section 100-30 for permis- sion to .obtain Certificate.of Occupancy with .insufficient .frontyard setback.,Location of property: Cedar Beach Road, Southold, New York; known and designated as part of Lots No. 21, 22, 23,'and 24 on.Map .No.90 of Cedar BeachPark. ` 9:10 P.M. Application.. of STEPHEN J. 'PERRICONE and. PENELOPE KOUSOU- i a .ROS,7470 Sound Avenue,Mat- tituck,-New York for a Var- iance to the Zoning Ordinance, Article VI; Section 100-60 for permission to establish a disco, . bar with dancing. Location of I property:Sound Avenue,Mat- tituck, New York; bounded north by Sound Avenue; east i by-Sepko;-south and west by Meglio. ,.. BY-ORDER OF THE SOUTHOLD TOWN I BOARD OF APPEALS : q 1TD13-3350 . i- NOTICE OF HEARINGS' COUNTY OF SUFFOLK Pursuant to Town Law Sec=K; STATE OF NEW YORK ss. tion 267 and Provisions,of the. i Amended- Building Zone Or;. dinance of',.Southold Town, New York, Public Hearn}gs will ber held`by the Zoning Patricia Wood, being duly sworn, says that she is the Board'of Appeals; Town Hall,;^.,- Main Road, Southold,' New, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN; York,Thursday,December 27„1979 on the following: o public newspaper printed at Southold, in Suffolk County; .7:50 P.M- Application of Y and that the notice of which the annexed is a printed copy, &'C HOLDING CORP:;142-17 has been published in said Long Island Traveler-Watch- I8 rk Avvebnue, Flushing,"New (Abigail,.A. Wickham, man once each week for ............. . weeks�........... i Esq.) for a Variance� for /?, .,approval­bf a y 'access in accord- successive) commencingon the ......./..................... ance with Town Law Section ' 280A. Location of property: of . 19 right-of-way on .the northerly - ... . .... side of County Roau. 27; _t Peconic;bounded north by L.I. Sound west b Tro Y ano and y Y :k............................... ............. McGunnigle,south by McGun- nigle and Ebeling, east, by Wicks. ' % ation GUNTER MORCHE of L. Main Sworn to before me this ...1.. ...............•. day or Road;Mattituck New Y ' a` ariance to the- Zoning � �°' .... 19..L/.... Ordinance, Article,III, Section j 100-32 for"permission to con- struct fence over four feet high j in front yard. Location of . 'property:,Nassau Point A - ymended,,Map. "A, Map #156,. .... .... ... ...................ui .... ............._. i Lots "18 'and' part of 17; Notary Public bounded north by Old Men 'haden.Road, east by•Peconic ANTOINE M BERKOSKI Bay,"south.by Case, west by NOTARY PU•{?iiC. Efate of New York Nassau Point Road. ReSi Td 4 in Suffolk County 796 8:10 P.M. Af licatioi •of No. 52es March PP • fission Expires March 30, 190 GUNTER MORCHEL, Main Road,Mattituck,New York for a Variance., to the Zoning Ordinance, Article III, Section. i 100-351or permission to con- struct'fence.(accessory) in front yard- Location of pro- perty: Nassau Point Amended Map A,Map#156,Lots 18 and -part,of 17; bounded north by Old Menhaden Road, east by Peconic,Bay, south by'Case, west by Nassau Point Road. 8:25 P.M. .Application of JAMES REALE'(by Peter Stoutenburgh), Skunk Lane, Cutchogue,' New York for a Variance to the Zoning Ordm- ance,,Article III, Section 100- 32 for permission to construct 1 accessory building in side. yard. Location of •property: 7845 Skunk Lane, Cutchoj ue, New'York; bounded"north by Frieman-and Cordes,,east by Kaller, south by Skunk Lane, -:west by Petrucci. o8:40 P.M. 'Application of CHARLES BOCKLET(by Pet- - er Stoutenburgh), 172 Fourth — -- Street, Garden City, New York, for a Special Exception to the Zoning Ordinance for permission to establish second dwelling on same lot,Article M, Section 100-30A. Location of property: Robinson Lane, Pe- conic,-,New York; bounded north by Suskevich,'east by Wood,south by Hog Neck Bay, west by Robinson Lane. 8:55 .P.M. Application of . ' JOHN R. .DEMPSEY (North Fork Equities; Inc. for.Diane Gazza),North Road, Southold,". New York for a Variance to the s •Zoning Ordinance, Article III, . Section 100-30 for permission to obtain Certificate of Oc- t cupancy` :with - insufficient I frontyard setback. Location of , property: Cedar Beach,Road, Southoldi New York, known j 'and`designated as part"of Lots No.21,22,23, and 24 on Map 4 No. 90 of Cedar Beach Park. 9:10 P.M. Application of STEPHEN J. PERRICONE and PENELOPE KOUSOUR- OS,7470 Sound.Avenue, Mat- tituck, New York_for a Vari- ance_ to the Zoning Ordin- ance, Article VI,,Section 100- { 60 for permission to establish a disco,bar with dancing. Loca- tion of property: Sound Ave- nue, Mattituck, New York; bounded,north by Sound Ave-- nue,east by Sepko, south and d west by Meglio.' BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS' 1T,12/13/79(1057) FORM NO. 3 4,' TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL Date / 7 7 FileNo. ................................................................ ........................................................, 19... To .................0.... .........................................L'` ?.a:...'6,`.....'`.f.G.........1.7h.. 1 DJ Rz O M A 7T1 -ruc-,` ................................................................................ / 19 .5 PLEASE TAKE NOTICE that your application dated ....................................�...�...... '-T-i—=VAJ 1S C©W RT• LJI SH FIZ"C- for permit to construct ........................................at the premises located at .................................... N .U........f�(0.)7...?treet CU c Ha G u l ,Lc-,,Lc Ma�..............��. ............ AV/.SsAcJ Q�nr Lot .....�..................................... is ��Nc 0 Vk� returned herewith and disapproved on the following grounds . ......`............................d�............. N(&d NOT PAP Mr7r�� 1 �I �d t,I� (A R� I 3 5/ ................................................................................................................................................................ /�cc ssu9Y N6T 71-:-? rf)1-7rE0 IN i J20nt7- YA-A--D =�P..................................................................... .................................................................. . ................................................................................ ................................................................................ /000 - r�........... .................. 17 t g' ��� ��,�,,�r Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 02 4 19 DATE ...,/AVIZ/11. .... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 (vve) ..GUNTER MORCHEL ...........................of .MAIN ROA.D...,...... ................................. .. ...... ... Name of Appellant Street and Number MATTITUCK ......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 ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO GUNTER MORCHEL ................................................................................. Nome of Applicant for permit of ...........MAIN...OAP.....................XATT.IT.U.CK.....................N'..y....................... Street and Number Municipality State ( ) PERMIT TO USE (, ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ... NASSAU POINT ROAD NASSAU POINT ................................................................. ....... Street Use District on Zoning Map N.P. PROP. AMENDED MAP #156......................................17 &...18........... Iv1ap No. Lot No. , 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) art. 3, sec. 100-32 3. TYPE OF APPEAL Appeal is made herewith for A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art.-'16.Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal kmd (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 X) A Variance to the Zoning Ordinance is requested for the reason that Form zs1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary-HARDSHIP because my existing home is to close to the cliff, facing the water east on lot #17: 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 all homes on Nassau Point Road, facing east, are near the water line. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CF ARACTER OF THE DISTRICT because there are no homes next to the proposed t nnis court on both sides or anywhere else in the facinity east o Nassau Point Road. STATE OF NEW YORK ) J/ COUNTY OF� �SS /.. ✓... .......... ......Signature..................... Sworn to this .................. .(.................. day of.. . �f ................. 197 Notary Public f�1�TY #�LJFOLK DEPARTMENT OF PLANNING LEE E. KOPPELMAN DIRECTOR OF PLANNING January 7, 1980 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 'dumber ®Gunter MnrCb 49— Gunter Morchel 2651 John R. Dempsey 2652 Charles R. Bocklet 2654 Very truly yours, Lee E. Koppelman Director of Planning by GGN:jk CKEF PLANNER VETERANS MEMORIAL HIGHWAY a HAUPPAUGE,L. L.NEW YORK 979-2920 C�2 T Southold Town Board of Appeals SOUTHOLD, L. Ll N. Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS,JR. SERGE DOYEN,JR. TERRY TUTHILL TYPE II ACTION DESIGNATION ROBERTJ.DOUGLASq Acting Chairman NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Pursuant to Section 617.13 of the New York State Department of Environmental Conservation Act, Article 8 of the -Environmental Conservation Law, and Town taw of the Town of Southold, Section. 44-4B, the Southold Town Board of Appeals has determined that the following project is classified as a Type II Action not having a significant effect on the environment and will not .require any other determination or procedure. DESCRIPTION OF PROJECT Appeal No. 2649• Application of GUNTER MORCHEL, .Main Road, Mattituck, New York 11952 . Location of Project: Nassau Point Amended Map A #156 , Lots 1.8 and part of 17 , County Tax Map Item No. 1000-.111-9-3 . Permission Requested: To construct fence over four feet high ,in front yard area. Article III, Section 100-32 . Documents on File: Appeal Application, Notice to Adjoining Neighbors, Affidavit Attesting to the Mailing of said Notice, surveys and/or sketches of the proposed project, Notice of Dis- approval from the Building Inspector, Legal Notice of Hearing, Environmental Assessment in the Short Form, Section of the County Tax Map showing the subject property, & other documents as may be required. Person to Contact for More Information: Mrs. Linda Kowalski, Secretary, Board of Appeals, Southold Town Hall, Main Road, Southold, New York 11971; tel . (516) 765-1809 . Dated: December 10, 1979 . TOWN OF SOUTHOLD SHORT E74VIRONMENTAL ASSESSMENT FL..... INSTRUCTIONS : [a—)-- In "order to answer the questions in this short EAF it is assumed that the prepares will use currently available information concerning the project and the likely impacts of the action . It is not expected .that additional studies, research or other investigations will be undertaken . . (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant . (d) Environmental Assessment 1 . Will project result in a large physical. change to the project site or - physically alter more than 10 ;acres of land? . . . . Yes 1/ No 2 . Will there be .a major change to any unique or -unusual' land form f.o.und on the site? . . . . . . . . . . Yes I/No 3 . Will project alter o"r ' have a large effect on existing bod " of water? . . . . Yes V No 4. ' Will project have a potentially•large impact , on groundwater quality? . . . : . : . . . : . . . . . . . . . . . . . Yes No 5. Will project significantly effect drainage flow on adjacent sites? . . • . . . . . . . . . . Yes V 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 air quality? . . . . . . . Yes�No- 8 . Will project havea major effect on visual character of the community or scenic views or. vistas known to :be important to the community? Yes V No ? . Will project adversely impact any site or , structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area �/ by a local agency? . . . . . . . Yes U' No 10 . Will project -have a major effect on existing . or future recreational opportunities? . . . . . . . .. Yes /No 11 . Will project result in major traffic problems or cause a major effect to existing transportation systems? . . . . . . . . . . . . . . . . . . . . . . Yes &O 12 . Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project ' s operation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes I�No 13 . Will project have any impact on public health or . safety? . . . . . . . . . . . . . . . . . . . . . Yes VNo .14. Will project affect the existing community by directly causing a growth in permanent population of more than 5 percent over a one' year period or have a major negative effect on the character of the community or neighborhood? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes ✓No 15. Is there public controversy concerning the project? . . . . . . . . . . . . . . . Yes__L/No ' SIGNATURE R R E r A R E R S �� __7 REPRESENTING` �L!T �Or�'� � DATE -eF/ �.�� � O TrOF OWN lrL K OF 0' Or q JUDITH T.TERRY '. OLKCOI7 TELEPHONE TowN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 December 3, 1979 To : Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning--.Appeal No. 2649 application of Gunter Morchel for a variance. Also included are notification to adjoining property owners as follows: Mr. George Case, Nassau Point Road, Cutchogue, New York 11935. dith T. Terry JTT/bn Town Clerk cc:file Enc./ Southold Tow n Board of Appeals S0UTH0LD, - L. I:,' N. Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS . RC KYNY49 )Q�&A X_�%W" CHARLES GRIGONIS,JR. SERGE DOYEN,JR. TERRY TUTHILL ROBERT J.DOUGLASS, Acting Chairman December 3, 1979 Mr. Gunter Morchel Main Road Mattituck, N.Y. 11952 Re: Appeal .No. . 2649 Application for Variance Dear Mr. Morchel: we' are in receipt of your application for a variance to the Zoning ' Ordinance pursuant to Article III, Section 100-32 for permission to construct accessory in frontyard. In the Building Inspector 's Notice of Disapproval,, he has based his disapproval on two grounds: (a) Article III,. Section 100-35, fence over 4-foot high not permitted in front yard, and (b) Article III, Section 100-32, accessory use not permitted in front yard. It , appears that you are requesting permission to con- struct fence both over 4-foot. high and - in the frontyard as the Building Inspector has noted. In order for the Board of Appeals to even consider both, the applicant must make ap- plication for both. Your application only mentions Article • III, Section 100•-32, accessory use in front yard. . Enclosed are copies of the variance application in order that you may request permission to construct fence over 4-foot high. The' same procedure applies. The deadline for the next Board of Appeals hearings that will be seI5.. up is December 6, 1979 . To: Gunter Morchel -2- December 3 , 1979 Also, the following documents should be completed by you and filed with this Department before December 6, -1979: (a) Short Environmental Assessment Form, which is enclosed should be completed for each variance application, (b) six (6) copies of the survey for each file inasmuch as three copies will be forwarded to the Suffolk County Plan- ning Commission for their recommendation. We are sorry that you were not informed upon your filing of the first application, but these are procedures now mandated. If you have any questions, please do not hesitate to call this office. Sincerely yours, Linda F. Kowalski, Secretary Enclosures o : o � I A, Southold Town Board of Ap' peals S O UTH O LD, L. 1.9, N. Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS,JR. SERGE DOYEN,JR. TERRY TUTH ILL ROBERT J.DOUGLASs, Acting Chairman December 7 , 1979 Gary Flanner Olsen, Esq. Main Road; Box 38 Mattituck, NY 11952 Re: Morchel Appeal Nos. 2651 and 2649 Dear Mr. Olsen: Attached are the photocopies you requested .regard- ing the above applications. Please send a $2.25 check made payable to the Southold Town Clerk in payment of same. f� Thank you. Sincerely yours, Linda Kowalski, Secretary P.S. They are scheduled for the December 27 , 1979 meeting at '8 : 00 and 8 :10 P.M. f. 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: MR. `EORGE S. CASE NASSAU POINT ROAD NASSAU POINT,N.Y. 11935 d YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (the following relief: To construct a tennis court with a 10— foot high fence. 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: lot # 17 & 18, N.P. pr_cnPrt y amended map "A" nn Nassau point Road. 3. That the property which is the subject of such Petition is located in the following zoning district: art. _3, sec. 100-32, 4. That'by such Petition, the undersigned will request the following relief: To build a tennis court on lot #18, facing Nassau Point Road with a 10— ft high fence. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: MR. GEORGE S. CASE, NASSAU POINT ROAD, NASSAU POINT, N.Y. 11935 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. 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: NOVEMBER 27, 1979 :BUNTER MORCHEL Petitioner Post Office Address P. O. Box 1216 MAIN ROAD MATTITUCK, n.y. 11952 PROOF OF MAILING OF NOTICE NAME ADDRESS STATE OF-NEW YORK ) ss.: COUNTY OF SUFFOLK) �i---L/�✓ /1/l�v"dG , residing at at .being duly sworn, deposes and says that on the - day of �l/`��//, /`" , 19 �, 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 that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day Of�I . G 19 9 Notary Public ? ^ �10 0 so �h w ti L�' vto 0, 7. l0°' O. 1`6gl / oi+. 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