HomeMy WebLinkAbout2847
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TOWN OF SOUTHOLD, NEW YORK
DATE 1.0./.1./.8.1
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 2847 by application
Dated June 24, 1981
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
Mr, Gunter Morche1
Nassau Point Road
Cutchogue, NY 11935
Appellant
To
at a meeting of the Zoning Board of Appeals on
August 6, 1981
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
IX) Request for a variance to the Zoning Ordinance Art, III, Sec, 100-32
( )
L ~~my~~K..K~JtI)8{~HX~~illi~}t~~~~lQ. exception ( ) be
granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... of the Zon.ing Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
~~~~~x Application of Gunter Morche1, Nassau Point Road,
Cutchogue, NY (by.Swim King Pools, Route 25A, Rocky Point, NY
11778 as agent) .fora Variance to the Zoning Ordinance, Article
III, .Section :100-..32., for permission to construct an inground
swimmingpoo1 in the front yard area at the corner of Nassau
Point Road and Old Menhaden Road, Cutchogue, NY; also referred
to as Nassau Point Subdivision Filed Map No, 156, Lots 17 and
18; County Tax Map Parcel Item No. 1000-111-9-3.
(SEE REVERSE SIDE)
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 SIDE)
(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 SIDE)
(c) The variance (does)
(does not) observe the spirit of the Ordinance and (would)
(wouid not)
change the character of the district because
(SEE REVERSE SIDE)
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.
CG:1k
ZONING llOARD OF APPEALS
FORM ZB4
On motion by Mr. Grigonis, seconded by Mr. Goehringer, it
was
RESOLVED, that Appeal No. 2847, application of Gunter
Morchel dated June 24, 1981 is hereby withdrawn as requested.
Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goeh-
ringer, Sawicki and Grigonis.
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lZECEIVED AND FILED BY
THE SOUTHOLD TO\VN CLERK
lOll !f5/ .g:c)ofllt
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Town Clerk, Town of Southcld
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Today's Date: ~tj,:<.d-21l' AU-'f:,w::t- (p, Iq~L
Members Absent, if any:
Appeal No. ::2 %L-{-'7 . . . Rd., k*-h.
Agenda Item/<'latter of: (Tutl)..er fYlcrrw.P )V\u'~~:r of tJa~<:(:..::!t r?~lclfY1enh(~'-
Type of Vanance or Appeal: .:Ii:LL..Q::y:1-5:~V\ 5ro~'--Y\ll~j,U\ __ _V\j-- __~
. 'I a-rd O:,~R.
Charles Serqe Robert Gerard Joseph.
Gngoms Doyen Douglass Goehnnger Sawlt:k,
(/) (.
() (
Resolution made by:
Seco n ded by:
)
)
(
(
(
(
)
)
)
)
( )
(/)
( ) Approve with the following conditions:
Action: ( ) Approve as applied for
( ) Deny as applied for
( ) Deny
( ) Deny without prejudice
( .,1) \vithdra\vn without
Prejudice
()() Subject to County Planning referral
( ) Subject to Planning Board approval
( ) Subject to D.E.C. reg':!.~?tions~ ) Other:
( )
Findings of the Board are as follows:
(
(
) Not \vithin the Character of the Neighborhood
) Variance is Substantial in Relation to Code
If so, %~
) Hardship not sufficient
) Hardship or Difficulty Not Unique
) 'vi 1I set a precedent in the neighborhood
) Area is already very congested
) Interests of justice served by denying
)
(
(
(
,.
,
(
(
Vote of the Board: Ayes: <.,,1 CG (.1SD (I) RD
Nay: ( ) ( ) ( )
Abstain: ( ) ( ) ( )
Absent: ( ) ( ) ( )
Other:
( ) Granting the Relie." Requested is within
spirit of the zoning code
( ) Relief is not substantial
( ) Burden of hardship or difficulty shown
and is unique
( ) Variance will not change character of
the neighborhood
( ) Interests of Justice served by graming
( )
(t5GG
( )
( )
( )
(jJS
( )
( )
( )
Note~)c;;;~ ke;,,'l~'~2)7J ~ ~n)X'd;'1:};1 ~(J(J;';P~ f/r:!;:rra,
~ sl~,7;: ;;"13 Pr',<+1." n.<: o-g~
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SWim Kinll
, Pools
Route 25A . Rocky Point, V New York 11778. 516-744-81 O(i
Board of Appeals
Town of Southold
"Q /Pee rid fI
August 3, 1;;IV1
Town of Southold
Board of Appeals
Main Road
Southold, NY 11971
Gentlemen:
This is to advise that we are withdrawing our application for
a variance with regard to an 18 x 36 swimming pool at the
residence of Gunter Morchel, 3485 Nassau Point Road, Cutchogue,
NY.
We submitted this date copies of an updated survey showing the
approved location for said pool. Said surveys were presented to
Mr. Edward Hindermann.
Thank you for your cooperation in this matter.
Yours truly,
SWIM KING POOLS, INC.
A!:C!'lf1,!1 Item for P / - / ~c
'J bC;(
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Noreen Hager Iv
MEMBER
NATIONAL
SWIMMING POOL
INSTITUTE
(/)
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( )
( )
( )
(V)
( )
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copies
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Crig!~nl for ZEA file
Comm~nts or Reply Requested
WE SUBSCRIBE
TO A RIGID
CODE OF ETHICS
./
,-
Legal Notices
LEGAL NOTICE
OF 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 South-
old Town Hall, Main Road,
Southold NY on Thursday,
August 6; 1981, commencing at
7:15 p.m. and as follows:
7:15 p.m. Application of
Donald C. OeLalla, P.O. Box
526, Cutchogue, NY for a
Special Exception to the Zon-
ing Ordinance Art. III,. Sec.
100-30 B (9) (a) for permIssIon
.to dock and moor two boats
not owned and_ed by owner
of premises for his personal
use between existing pilings at
5545 Skunk Lane, Cutchogue,
NY' bounded north by Timp-
son; west by Baldwin's Creek;
south by Faraguna; east by
Bay Avenue (Skunk Lane);
County Tax map Item No.
1000-138-2-18. '
7:25 p.m. Application of.
Margaret McGowan, 17 Aber-
deen Street, Malverne, NY
11565 (by Gary Flanner Olsen
as attorney) for a Variance to
the Zoning Ordinance, Art. III
Sec. 100-31 for approval insuf.
ficient area andlor width of
two parcels due to the reloca-
tion of Jot Jines. Location of
property: R-o-W south of
Great Peconic Bay Boulevard,
Laurel; bounded north by Con-
nelly, east by Johnston and
Mormile, south by Alexander,
west by Kennelly; County Tax
Map Item No. 1000-128+11 &
14.
7:35 p.m. Application of
Kenneth l. & Judy M. McFall,
245 East 40th Street, New
York, NY 10016 (by Gary
FlannerOlsenasllttorney> for
a Variance to the Zoning
Ordinance, Art. III Sec. 100-31
for permission to construct
one-family dwelling from pre-
existing chapel with insuf-
ficient rear yard setback at
7216 Great Peconic Bay Boule-
vard Laurel, also known as
Laur~1 Acres Minor Subd.
(Piccione Minor Subd.) Map
No. 124, Lot 2; County Tax
Map Item No. lOOO-I26-Ill-part
of 1.3.
7:50 p.m. Application of
Patricia A. Bailey, RR #1, Box
114 Cutchogue, NY for a Var-
ian~e to the Zoning Ordinance,
Art. III, Sec. t00-31 for permis-
sion to subdivide three merged
lots, and approval of insuf-
ficient area of proposed lot #2,
approval of insufficient front
yard of proposed lot #3 of said
lots at 2155 Skunk Lane (Bay
Ave.>, Cutchogue, NY. Above
mentioned front yard of pr<>-
posed lot #3 faces Leslie Road,
Cutchogue; bounded north by
Nerone, Ficht, McCleery"
bounded west by Bay A venue,
bounded south by Maly, Price,
Leslie Road, bounded east by
Swiatocha; County Tax map
Item No. lOOll-97+11, 12, 17.
~~~~:~;::~
d
t-
n aslTY OF SUFFOLK.
I
I E OF NEW YORK.
.Tax a~ItemNo.lOOO-11I- r.
H:w p.m. Application .0' Troy Gustavson being duly Sworn.
Warren A. Bambach, 173 HIII-. .. . .............. ..............
side Avenue. Williston Park,. - p. ter and Publisher of the SUFFOLK
NY 11596 for a VarIance to the.hat ... he. . IS nn
~~.infoo-~idlna;.:;,~, I:~ l~:tLY TIMES. a newspaper published crt Greenport. in said
permission to construct addi- " h th xed. . s a printed
tion with insufficient side yard~; and that thE' notlC:&. of whlc e anne I
area and rear yard setback at . 'd S ffolk W k"" Times
Dogwood'Lane, East Marion, has been published m the scn u ee .r
NY' also known as Gardiners weeks
Bay Estates Subd., Filed Map 1 E'och week. for . . .. ,one. . . . . . . . . . . . . . . . . .
#95, Lot 96; County Tax Map . 3f\t'"
item No. 1000-37-1-9. SiVEoly oommencmg on the .. .W. f~ . . . . . . . . . . . . . , . . . .
8: 30 p.m. Application of
Salvatore Caiola, 74 Irving
Place, New York, NY 10003
(by Samuel J. Glickman as
attorney) for ..-Variance to the
Zoning Ordinance, Art. III, .
Sections l00-3OA (1) & 100-32
for permission to amend Build- f
ing Permit #11152 Z, whIch
was issued for storage build-
ing, a permitted use Amend-
ment to Jiving unit IS not
permitted with an existing
dwelling on premises without
a Variance. Location of pro-
perty: 49975 County Road 48,
Southold, NY; bounded north
by Sound View Avenue, west
by Sawicki, south by C.R. Z1,
Droskoski, Wolanski, east by
Madsen, Kamps, Demjtrack,
Dakis, Andriotis. County Tax
Map Item No. 1000-51-3-8, 9,
12.2,13.2.
8:45 p.m. Application of
Frederick T. Horn, 297 Sunset
Avenue, Westhampton Beach,
NY 11978 for a Variance to
Section 280A Subsection 3 of
the Town Law for approval of
access' of Case's .Lane Exten-
sion, Cutchogue; bounded
north by Path Way, west by
Fairway Farms, south by
Case's Lane Ext., east by
Horn, Bouffler; County Tax
Map Item No. lOOO-I09-5-north
section of 14.1.
8:55 p.m. Application of
Northville Industries Corp.,
P.O. Box 111, Riverhead, NY
11901 for a Variance to the
Zoning Ordinance, Art. III,
Sec. 100-30 (A & B) for permis-
sion to use part of premises for
commercial docking and
mooring with parking storage
area in an A Residential-Agri.
cultural Zone. Location of pr<>-
perty: 610 Naugles Drive,
Mattituck, NY; bounded north
by Petersen, Robinson, west
by Naugles Road, south by
McKenna, east by Mattituck
Creek; County Tax Map Item
No. lOOO-9S-4-18. Owners of
property: Mr. & Mrs. Joel
McElearney, 66 Alpine Way,
Huntington Station, NY 11746.
Dated: July 24, 1981
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS, JR.,
CHAIRMAN
IT Jy3ll-3738
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to before me this .. ./.:3 11. . 1
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HELE~ K. DE VOE
NOTARY PUBliC. St,t, of New York
No. 470787.'1. Suttolk Count V
Tl:'rm fxplres Marlh 30, 19-D
.
.
LEGAL NOTICE OF 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 Southold Town Hall,
Main Road, Southold, NY on Thursday, Augnst 6, 1981 commencing
at 7:15 p.m. and as follows:
7:15 p.m. Application of Donald C. DeLalla, P.O. Box 526,
Cutchogue, NY for a Special Exception to the Zoning Ordinance
Art. III, Sec. 100-30 B (9) (a) for permission to dock and moor
two boats not owned and used by owner of premises for his per-
sonal use between existing pilings at 5545 Skunk Lane, Cutchogue,
NY; bounded north by Timpson; west by Baldwin's Creek; south by
Faraguna; east by Bay Avenue (Skunk Lane); County Tax Map Item
No. 1000-138-2-18.
7:25 p.m. Application of Margaret McGowan, 17 Aberdeen
Street, Malverne, NY 11565 (by Gary Flanner Olsen as attorney)
for a Variance to the Zoning Ordinance, Art. III Sec. 100-31
for approval insufficient area and/or width of two parcels due
to the relocation of lot lines. Location of property: R-O-W
south of Great peconic Bay Boulevard, Laurel; bounded north by
Connelly, east by Johnston and Mormile, south by Alexander,
west by Kennelly; County Tax Map Item No. 1000-128-4-11 & 14.
7:35 p.m. Application of Kenneth I. & Judy M. McFall, 245
East 40th Street, New York, NY 10016 (by Gary F1anner Olsen as
attorney) for a Variance to the Zoning Ordinance, Art. III Sec.
100-31 for permission to construct one-family dwelling from
pre-existing chapel with insufficient rear yard setback at '
7216 Great peconic Bay Boulevard, Laurel, also known as Laurel
Acres Minor Subd. (Piccione Minor Subd.) Map No. 124, Lot 2;
County Tax Map Item No. 1000-126-10-part of 1.3.
7:50 p.m. Application of patricia A. Bailey, RR #1, Box
114, Cutchogue, NY for a Variance to the Zoning Ordinance, Art.
III, Sec. 100-31 for permission to subdivide three merged lots,
and approval of insufficient area of proposed lot #2, approval
of insufficient front yard of proposed lot #3 of said lots at
2155 Skunk Lane (Bay Ave.), Cutchogue, NY. Above mentioned
front yard of proposed lot #3 faces Leslie Road, Cutchogue;
bounded north by Nerone, Ficht, McCleery, ~ounded west by
Bay Avenue, bounded south by Maly, price, Leslie Road, bounded
east by Swiatocha; County Tax Map Item No. 1000-97-4-11, 12, 17.
~ 8:05 p.m. Application of Gunter Morchel, Nassau Point
Road, Cutchogue, NY (Swim King Pools, Route 25A, Rocky Point,
c,,'
. \
. \ \
Page 2 - Board o'APpeals .
Regular Meeting of August 6, 1981 legal adv.
!
NY 11778 as agent) for a Variance to the Zoning Ordinance, Art.
III, Sec. 100-32 for permission to construct an inground
swimming pool in the front yard area at the corner of Nassau
Point Road & Old Menhaden Road, Cutchogue, NY; also known as
Nassau Point Subd., Filed Map #156, Lots 17, 18; County Tax
Map Item No. 1000-111-9-3.
8:20 p.m. Application of Warren A. Sambach, 173 Hillside
Avenue, Williston Park, NY 11596 for a Variance to the Zoning
Ordinance, Art. III Sec. 100-31 & Sec. 100-36 for permission to
construct addition with insufficient side yard area and rear
yard setback at Dogwood Lane, East Marion, NY; also known as
Gardiners Bay Estates Subd., Filed Map #95, Lot 96; County
Tax Map Item No. 1000-37-1-9.
8:30 p.m. Application of Salvatore Caiola, 74 Irving
Place, New York, NY 10003 (by Samuel J. Glickman as attorney)
for a Variance to the Zoning Ordinance, Art. III, Sections
100-30A (1) & 100-32 for permission to amend Building Permit
#11152 Z, which was issued for storage building, a permitted
use Amendment to living unit is not permitted with an existing
dwelling on premises without a Variance. Location of property:
49975 County Road 48, Southold, NY; bounded north by Sound View
Avenue, west by Sawicki, south by C.R. 27, Droskoski, Wolanski,
east by Madsen, Kamps, Demitrack, Dakis, Andriotis. County
Tax Map Item No. 1000-51-3-8, 9, 12.2, 13.2.
8:45 p.m. Application of Frederick T. Horn, 297 Sunset
Avenue, Westhampton Beach, NY 11978 for a Variance to Section
280A Subsection 3 of the Town Law for approval of access of
Case's Lane Extension, Cutchogue; bounded north by Path Way,
west by Fairway Farms, south by Cases's Lane Ext., east by
Horn, Bouffler; County Tax Map Item No. 1000-109-5-north
section of 14.1.
8:55 p.m. Application of Northville Industries Corp.,
P.O. Box 111, Riverhead, NY 11901 for a Variance to the
Zoning Ordinance, Art. III, Sec. 100-30 (A & B) for permission
to use part of premises for commercial docking and mooring
with parking storage area in an A Residential-Agricultural
Zone. Location of property: 610 Naugles Drive, Mattituck, NY;
bounded north by Petersen, Robinson, west by Naugles Road,
south by McKenna, east by Mattituck Creek; County Tax Map Item
No. 1000-99-4-18. Owners of property: Mr. & Mrs. Joel
McElearney, 66 Alpine Way, Huntington Station, NY 11746.
Dated: July 24, 1981
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS, JR., CHAIRMAN
---------------------------------------------------------
Instructions to newspapers: Please publish once, to wit, Thursday,
July 30, 1981 and forward nine affidavits of publication to:
Board of Appeals, Town Hall, Main Rd., Southold, NY 11971, as soon
as possible.
.
.
Addendum to Legal Notice
8/6/81 Board of Appeals
Regular Meeting
On Monday, July 27, 1981, copies to:
,Donald C. DeLalla
Margaret McGowan
Gary Flanner Olsen, Esq. as attorney for Mrs. Margaret McGowan
Kenneth I. & Judy M. Mc Fall
Gary Flanner Olsen, Esq. as attorney for Mr. & Mrs. McFall
patricia Bailey
Mr. & Mrs. Gunter Morchel
Swim King Pools, as agent for Mr. & Mrs. Morchel
Mr. Warren A. Sambach
Mr. Salvatore Caiola
Mr. Samuel J. Glickman, as attorney for Mr. Caiola
Mr. Frederick T. Horn
Northville Industries Corp.
Z.B.A. members
T.B. members
Town Attorney
Supervisor
Town Clerk Bulletin Board
Appeal Files
Mr. & Mrs. Joel McElearney, owners of property of Northville Ind. Corp. appli
.
.
GISELA MORCHEL
NASSAU POINT ROAD
CUTCHOGUE,N.Y. 11935
July 14,1981
APPEALS BOARD
TOWN HALL
MAIN ROAD
SOUTHOLD, N.Y. 11971
Board of Appeals
Town 01 Soul1lOid
& fir-tIff
Dear Sirs:
I have applied for a permit to install a swimming pool. The next
hearrng, when my variance would be discussed, is August 6,1981.
I have a medical problem which would be greatly improved by under
water exercise. Momentarily I receive injections (@ 95.00) every
two to three weeks. My joints stiffen up and are most painful when
I try moving them.
Under water exercise is easier in my particular case then regular
exercise. I would like to start with the pool as soon as I possibly
can, because every day is great agony for me.
August 6, is so very long away. By the time the whole project is done,
it would almost be too late in the season to get use out of it, my
body would be more crippled and I don't what could happen by next
summer. 1,,"""01>",
You see, I am trying to save my health.
Is there a possible way that I can get a permit (variance) right
away? I would be ever so greatful.
Sincerely
Gisela Morchel
t
APPEALS BOARD
MEMBERS
. .
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25
50UTHOLD, L.I., N.Y, 11971
TELEPHONE (516) 765.1809
CHARLES GRIGONIS. JR.. CHAIRMAN
SERGE DOYEN, JR.
~
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER N Y S
Joseph H. Sawicki . . .
Appeal No.
2847
NOTICE OF DECLARATION
PURSUANT TO
ENVIRONMENTAL QUALITY REVIEW ACT
Application of:
Gunter Morchel
Location of Property in Question: 3485 Nassau Pt. Rd., Cutchogue, NY
County Tax Map Item No. 1000- ,
111-9-3
,
Project Proposed by Appeal Application: Install 18 X 36 'T' shaped
swimming pool in front yard area.
ENVIRON~mNTAL DECLARATION:
Pursuant to Section 617.13 of the N.Y.S. Department of
Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, and Section 44-4 of the Southold Town Code,
notice is hereby given that the Southold Town Board of Appeals
has determined that the subject project as proposed herein is
hereby classified as a Type II Action not having a significant
adverse effect upon the environment for the following reason(s) :
An Environmental Assessment in the Short Form has been
submitted which indicates that no significant adverse effects
were likely to occur should this project be implemented as
planned.
The property in question appears to be located within 300
feet of tidal wetlands but the wetland area is separated by a road
or similar type of barrier.
This declaration should not be considered a determination
made for any other department or agency which may also be involved,
nor for any other project not covered by the subject appeal appli-
cation.
Dated: July 15, 1981
BY ORDER OF THE SOUTH OLD TOWN
BOARD OF APPEALS
Board
Copies to: Town Clerk Bulletin
Applicant/agent
ZBA file
,
Southold Town
Board of Appeals
.
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December 27, 1979
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PUBLIC HEARING: Appeal No. 2649. Application of GUNTER
NORCHEL, Nain Road, Hattituck, 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 Hap A, Hap #156, Lots 18 and
part of 17; bounded north by Old Henhaden Road, east by Peconic
Bay, south by Case, west by Nassau Point Road.
The Acting Chairman opened the hearing at 8:19 P.I>l. by
reading the application for a variance, legal notice of hearing
and affidavits attesting to its publication in the local and
official newspapers, Notice of Disapproval from the Building
Inspector, and letter from the Town Clerk that notification to
adjoining property owners was given to: Hr. George Case; fee
paid $15.00.
HR. DOUGLASS: I have a copy of the survey showing the
proposed tennis court and fence. Also have a copy of the County
Tax Nap showing the surrounding properties. Is there anyone
wishing to speak for this application?
E
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GEORGE CASE: Hy name is George Case and I, have the property
to the south of Hr. Horchel, and I'm a little confused about the
matter of where the fence will be. Is this an application for
the tennis court, too?
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HR. DOUGLASS: Well, that's what it is.
HR. CASE: Well, it didn't say so, of course, and I have a-
HR. DOUGLASS: We have another one. This is for the fence
around the tennis court, and he has another one. When he first
put in the application, he left out the request for a fence over
four feet high.
MR. CASE: This is not for the tennis court?
MR. DOUGLASS: It's for the tennis court fence.
MR. CASE: Well, I'll wait until you get to the tennis court.
I think I can dispose of the whole thing at that time.
MR. DOUGLASS: All right, sir. That comes right after this
one. Is there anybody desiring to speak against this application?
(There was no response.) This being a requirement for a fence
over four foot high, I would propose that it be granted, that he
be allowed to put up his fence around his tennis court over four
feet high. The situation as everybody knows in Nassau Point, I
guess, your front is really your back yard because you're on the
water, so everything has to go in the front yard. Anybody that
lives on a regular street has a front yard on the street and a
backyard behind the house.
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Southold Town Boar~f Appeals
-12-
Decem~ 27, 1979
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
applicant's request is reasonable.
The Board finds that strict application of the ordinance
would produce practical difficulties or unnecessary hardship;
the hardship 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 by Mr. Douglass, seconded by Mr. Grigonis, it was
RESOLVED, that GUNTER MORCHEL, in Appeal No. 2649, BE
GRANTED permission to construct f2nce over four feet high, SUB-
JECT TO THE FOLLOWING CONDITION:
(1) Approval and/or recon~endations of the Suffolk County
Planning Commission 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, Cut-
chogue, New York. County Tax Map Item No. 1000-111-9-3.
(
Vote of the Board: Ayes: Messrs. Douglass, Grigonis, and
Doyen. Absent: Messr. Tuthill.
*
*
*
PUBLIC HEARING: Appeal No. 2651. Application of GUNTER
MORCHEL, Main Road, Mattituck, New York, for a Variance to the
Zoning Ordinance, Article III, Section 100-35 for permission
to construct accessory in front yard. Location of property:
Nassau Point Amended Map A, Map No. 156 Lots 18 and part of 17,
Cutchogue; bounded north by Old Menhaden Road, east by Peconic
Bay, south by Case, west by Nassau Point Road.
The Acting Chairman opened the hearing at 8:23 P.M. by
reading the Notice of Hearing. There was no objection to the
waiving of reading the appeal application and relative docu-
ments submitted with the application.
MR. DOUGLASS: At this time would you like to speak, sir?
GEORGE CASE: Yes, I would if I may. Mr. Morchel sent me
a notice that he intended to build this tennis court and asked
if I had any objection. I communicated with him, both verbally
and I sent him a note saying that I had no objection to the
tennis court provided that it would be used only during day-
light hours. I would just like to get this recorded because
(
'--
Southold Town Board4lif Appeals
-13-
Decembe...7, 1979
.r
~
MR. DOUGLASS: Well, I agreed.
I don't think he would put it there.
take it, right?
Unless he had floodlights
But he was agreeable I
MR. CASE: He said that he didn't intend to play at night,
and I just thought that it should be recorded that he did say
that.
MR. MORCHEL was present at the hearing and did not indicate
any objection to the comments.
'<
c
:0<;
r:
::r
tc
to-
MR. DOUGLASS: Is there anybody else desiring to speak for
this application? (There was no response.) Is there anybody
desiring to speak against this application? (There was no res-
ponse.) If not, I'll make a motion that. the tennis court be
approved, with the fence that Mr. Morchel has requested [in
Appeal No. 2649J and a notation in our records that Mr. Morchel
has agreed that there will be no floodlights.
'"
'"
cr-
V
f-
After investigation and inspection, the Board finds that
the applicant has requested permission to construct accessory
(tennis court) in the front yard area, Article III, Section
100-35. The Board agrees with the reasoning of the applicant,
and the project if implemented as planned is not unreasonable
inasmuch as the rearyard area is not sufficient for this project.
(
The Board finds that the circumstances present in this
case are unique, and that strict application of the ordinance
would produce practical difficulties or unnecessary hardship.
The Board believes that the grant of a variance in this. case
will not change the character of the neighborhood and will
observe the spirit of the zoning ordinance.
On motion made by Mr. Douglass, seconded by Mr. Grigonis,
it was
RESOLVED, that GUNTER MORCHEL, in Appeal No. 2651, BE
GRANTED permission to construct accessory in front yard, to
wit, tennis court, as applied for, SUBJECT TO THE FOLLOWING
CONDITION:
(1) Approval and/or reconMendations of the Suffolk County
Planning Commission 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 at
Cutchogue, New York. County Tax Map Item No. 1000-111-9-3.
Vote of the Board: Ayes: Messrs. Douglass, Grigonis, and
Doyen. Absent: Messr. Tuthill.
(
'--
*
*
*
.
JUDITH T. TERRY
TOWN LLERK
REGISTRAR 01 VITAL STATISTICS
Southold, L. 1., N. Y. 11971
J1lile 24, 1981
To:
Southold Town Zoning Boardof Appeals
From:
Judith T, Terry, Town Clerk
.
TELEPHONE
(516) 765-1801
Transmitted herewith is Zoning Appeal No. 2847 application of Gunther
Morchel for a variance. Also included are notification to adjoining
property owners, notice of disapproval from the building inspector,
short environmental assessment form~a wetland questionnaire.
. .---' ---
-'............::7
Judith T. Terry
JTT/bn Town Clerk
Enclosures
.
FORM NO.3
.
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
Fil< NO,.."," ':" ',"""""'" k" 0'" ,I..w<<., "'.:"""..,19 ,F!
TOi~~~:'~~I.g~..JM-.. <zle ~~/(> )~~ f
. /l-..J.+. " 0. Yo . " ~ ; " " " . " . . " " " " . Ii C'A..4l...u- r Y . ~ #- ~
#:AL // '~ "<'/ . . /.
. /!.~(, '1" "t!'lff" ./"!{.;"".,,. // Ch~~<: - ~~ 7 .
PLEASE TAKE NOTICE that your application dated . ."~~. !.~... .., ., ... .., 19<!.' ( ..
for permit to construct :"A' !f-:t!-:<:':+ ."-!-l':r:6~-Y-~j' 'CIf:--:?" . . . i' . . . . . . . . at
Location of Property /~:.~.. .l.tW4/. ~... f~. .I!-~'i"" ().:.'7.<::~fl:i;'-;-!--' )Ce.1
House No. Street! /fIam/et I
County Tax Map No. 1000 Section ...,( ( (. . . . . . . Block .. .C?/.. . . . . . . . Lot . r;J,9~. ~/. . . . . .
Subdivision (~~~~-,;-fV: . .. Filed Map No. ... I. ,;).~{ . . . . . .. Lot No. . / .7--:. .( r . . . . .
is returned herewith and disapproved on the following ~ounds .~A ~-1.1' . ~j//.t<<d.4dA<'~1
r?(~ . /2 ~..;t,. . . 4,. . ,.4~.,' /~. .1/~. ./~~. ;;:;:tk.~
. ~~'-< : -:-: . .~:Z;-r.'0.. wk!. o/{;-<j!d-i:::."" . 1/ t'';-. . .-(fly. . . . . .
/?I!.d'10~A. .C!-/.~"0;-: .f;!. .(j./.M7j~-:~-;.;r~~..
tva; ill L~ jel(j - S 2.-- /:/. I "
'/~~~~7r~~~~~'" .
RV 1/80
)tIS n:'iCT I otIS:
(0) 111 order to 0115\;21' the questions in this short E^F it is assumed
thot the preporer will use currently available infornation concerning the
project one! the lil:ely imp~lcts of the action. It is not expected that
additional stuuie~, research or other investigations will be undertaken.
(b) If any que~tion has been answered Yes the project may be
significont and 0 co:;'\ple-ted Environrilcntol Assessment. Form is necessary.
(c) If all questions hove been answered No it is likely that this
project is not significant.
(d) Env i ron~~n t 0 l_.i.:..~.?_c ~ sr~~l~~
1. \'/i[1 project result in a lorge physicol change
to the project site or physically alter more
thun 10 Clcrc,. of land?..................,.... Yes~No
2. \1ill there be 0 major chonrle to ony unique or -
.ur.usuol land form found on the site?......... Yes"/ No
3. \'Iill project olter or heve a lorge effect on - .
existi"u lJudy of wotcr?......................_Y.es~No
4. Will project hove 0 potentially lorge impact .' ~
on groundwater quality?....................... Yes 'No
\'/ill prujec t significantly ef fed drainage . - -.-
flow on adjacent sites?........................ Yes ./Na
6. \'/ill project affect a"y threatened or - -'
enuongercel plant or ooi[;101 specIes?...,...... Yes'/ No
\"/ill project result in 0 rnoj,'r aclver~,e effect --;- .--;;-
on air qu011t)'?............................... Yes' No
e. \'Iill project hove 0 major effect on visual - -
chOToctcr of t.he community or scenic views or
vistos known tobe important to the community? Yes ~No
\/ill project odversel)' iC1poct any site or -~:-
structure of historic, prehistoric or '
p01eontologicol .i.mportance or on)' site
designoteel os 0 critical environmental orca /
by 0 local ogenc)'?... .... ... .~.._~..~.~.~~... Yes No
10. \'Iill project hove 0 major effect on existiho - -
or future recr(:otlonol opportunities?......... Yes ./No
11. \1ill projce:t result in .r.lOjor traffic problems - -
Or couse 0 major effect to e~isting
t ron~p"r toti on sy s t('ms? . . . . . . . . . . . . , . . . , . . . . ._Yes ..,/ No
12, Will project rcoularly couse objectionable
odors, noi~e, glore, vibration, or electrical
disturbo~ce os 0 result of the project's
opeTO tion? . '.' , . . ,', . . . , .. . . , , .. .. . ,. . . . , , . . .. . Yes"'/ No
13. \'till project hove on)' h'poct on public health -
or .50 fat y?, . . , . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . Yes ./ No
14. \'/ill project affect the (,xisting community by - -
directly causing 0 growth in permanent
population of more than 5 percent over a one
year period or hove 0 major ne9~tive effect
On the choro"Cter of the co,omunity or /
neighLarhood? ... . .. . . .. . . . ....., ., ..., . .., .. ._Yes_No
Is there public controversy concerning the .
project?..,.. ...... . .. .. . . .. ....... ... , . .... ._Yes ./ No
PREPJd~ER'S SJGliATU~f)0IC~t..~ ~S~/"./L
REPRESEllTING_GU/ie-lvL. h1tJ]~t..
15.
(-II, ,.,'
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ASSESSLiU, i
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<:1:',' j r,(),':~,n:l-n Al.
.
.
5.
7.
9,
DME
0/.dI/~i
I I
,
.
.
& jJ'i/'i"'/
(Torlay I s' Date)
To: Southold Town Board of Appeals
Nain Road
Southold, NY 11971
Re: Appeal Application of I~X~0 T I rJg,ouncl 0uJL~trl/~J/ /::bo L
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:
(Ptse
[ . ]
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.*
May 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.
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,
,
'.
. .
TOWN OF SOUTH OLD. NEW YORK
APPEAL NO. tl f1-7
DATE ...f.....'fl.l/f.!
~~ (:~ ~~~:~.;:.~.;?;.~~;~Z.~..O:f S.~~;;:~;.~.....p.f.;......~0:.:....................
Name of AP~~t~,~t Street and Number
.... ..&.CJ:t..1..-'''i11J.La............................ ............ ............ M:...L +.:............HEREBY APPEAL TO
Municipality $i:bt'e
APPEAL FROM DECISION OF BUILDING INSPECTOR
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO, .................................... DATED .....................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
~"n1f~~i~,~;~E;~;~ii.mm ....
Lrr..$5.&?s... ..)O';N/... P.i.:..... .\.\OJ..L YhJ./cl...... ..Ai.. .0..:............
Street and Number Municipality State 0
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
- I
(.....) IrJ':;.-I-t+/llf-t/Dx- of 1~/5lA I /nr(1(Lhd \S'wLrnml?!J ~d(
1. LOCATION OF THE PROPERTY ..~Q../tJ/'I5,;Sff.U.....P.o.(AJl.Arl:..................................
I Street Use District an Zoning Map
., J9...t,e,.......................................I. 7.. .~... ..l.t.......
Mop No Lot No.
of
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,)
!+e--/.~!I/ -' ,.,JU /M-3.;J-
3, TYPE OF APPEAL Appeal is made herewith for
(ri" A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cans. Lows
A,rt, 16 See. 280A Subsection 3
4, PREVIOUS APPEAL A previous appeal (.) (hos not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such Gppeol was ( ) request for 0 special permit
( ....,.-request for 0 variance
and was mode In Appeal No. .....
,Doted ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( /) A Variance to the Zoning Ordinance
( )
-roo L
I
l~ SJO
I/iA- j+ru I '/If)( 31.e T SJvv:ud QlJ-JJMrhl.r1'
(Y) ~ (I J"-fU'h 1\ Kd, 0
is requested for the reason that
Fonn ZBl
(Continue on other side)
REASON FOR APPEAL .
Continued
.
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
"
sory HARDSHIP because '--.J ()_ _, uMC1. - L'
TJt.L-- f0LO..A 2J - I n ~ U-b S rt b-r--
~fopGS +0 A- &J~h-t C_HFF ~D pooL (}JfIJnO-C
Df mY! $~f&~, %17r2E' fOr l f mwl-- b5 /n ~/JuL
/10 ~f H-oJJt- y'(trtl.
2. The hardship created is UNIQUE and is not shored by 011 properties alike in the immediate
vicinity of this property and in this use district because
f\ ,-C ArC j8rcl '+hr'tf
00(1')1 Ku-dc- b orJ.
,~ [- , (I ( ( 12. ( n (1.5
,
(lcu') rlu-t n ~l IJE J1icyf h;(:!f
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE. THE
CHARACTER OF THE DISTRICT because '-t-h _ /\ (".j L7 ,/ .' '\." _ . i'1
. I t: C(AJ~'7'-LlLnON pObSf-./1'
01 r S l2LlP t mu/2.. E '; hp,j ro if; 'I ()f JCI 0 F LOJ'JcLj I +-
\ <;., cL I
/'5 CO#JS+?LW'E.0 fA..' nIJOf.,.<.i '7 !)AVS FJ;J Cl~~~
I
v~ IS ((I)1~)E-f/y 1'~.e.~j"'u..d.ccC <;:' Ju'fl-r6..- h{f
l..x' fY) 0 V.R..cL .
STATE OF, NEC?Y~~.K/~i ss
COUNTY ~)
Sworn to this .........~.Ij,:..l~.............. day of
L.
. hfiL/(Jl;~l~(~ tc ')
..~....................19~
...........,~...
Notary Public
. EliZABETH ANN NEVIUE
NOTARY PUBLIC, stat. of New York
No. 82,8125850, Suffolk County
Tenn ExPIre! March 30, 19r~
.
.
BOARD OF APPEALS. TOWN OF SOUTHOLD
In the Matter of the Petition of
to the Board of Appeals of the Town of Southold
NOTICE
TO
ADJACENT
PROPERTY OWNER
TO:Wi///l1-m SCJ)t16j'DEIZ-
9J STONtj KL~ 'hr,
J-h'//Sc;{j;-U~ ;1/.3. D/f d !if-
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: ,(fin {V1 CL f-or<-
('0 ~R1JJ-I- Yr+r--cL ..\;Sa SF! hl4-l/~ ;::'or Jlvr/l+lk.HC1# {) F /'i, 21.t T Cor-
\S'wLlnrrlJl1<j c) '" '-
2. That the property whifh is the s,!bject of the Petition is located adjacent to your prope'rty and is des-
cribed as follows: W b 1f//!-5SAa. p()1I,jf- d, 0hd-1 0 01 c( /^I IS /vI /)C(eV./)
<Cv ie. tU.
3. That th~ prol?';rty w,hich is t~e subject of such Petition is located in the following zoning district:
It KE=<, 1 boita.(
4. That by such Petition, the undersigned will request the following relief: V 11 r-,'c,nu. Fe r
fl\J'.1-(J,I/n-hC\J ap:-- I~,*'::?(' T iiJ9round ~<:U)lmrYl/J1y 'pc10( WC~ If I
'-5'/0 {)!r1... f--}GIIJAurJi'.t kl'i.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article III Section I/YO - 3.J...
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be fiI,:d in the South old Town Clerk.'s Office at Main Road,.! Southold, New York and you may then and there
examine the same dUring regular off.ce hours. (516) 705-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of South old and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing. ",' h C;; ~
Dated: 0./.J-LJjPI , 1ul/~ '~ )'Yl1 If,..
I ' \"S'[I)I i1/1 k/?j- jJ()ld~
Petitioner
AJ Ffl./f
Or:
~st Office Address
~C)73ff?J()IIl)+ j), Lt. I r?1Y-
(j
Fof- H (, r?nL-LAJfE~ fjtJI2J hF(
tJ (t5SA-R tJo /~ I- (2)
Scm-'fho-&l . ^~ i
.
.
NAME
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
P34
l~ f' 0 II r' ':' 0
C /~.,~j '-i' J ,j U
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIOEO-
NOT FOR INTERNATiONAL MAIL
(See Reverse)
CERTIFIED FEE
l
H_
SPECIAL DELIVERY
-RESTRICTED DELIVERY
~
w
w
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~ en w SHOW TO WHOM AND
~ ~ ~ QATEDELiVERtD
< ;:; lr
~ ~ : 2~g~6gR~~2~F DATE
~ ~ :!i DELIVERY
~ ~ ~ -5~~I~E~~~~~T~ ~~~TDR~~~ED
~ 0 ~ DEliVERY
S ~ -SHOW TO WHOM DATE AND
a: ADDRESSOF,DELIVERYWITH
>0 RE_~T.RICTE@E!:-IVERY
~
0\ TOTALP6$TAGi.iNDFEEs~ $
'.. -.. '"
c. Pri-STMAAKOR DATE ( " ~
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L,
i
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
ss.:
H,ctJr;;1 G/ A, <-':"1/ +h . residing atS~) flu it S<A- R Oc/C(j
",l L . being duly sworn, deposes and says that on the ay (
of .7"L- II c. ' 19 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the bove<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 as~ent roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at ';;a..- .- 9,j/h DId' . (\t~; that said Notices were mailed to each of said persons by
(certified) (registered) mail. ' .
Jrl~L/~( A,,~,W,
Sworn to before me this
day of V'-<--N .,..
Notary Public
ELIZABETH ANN NEVIUE
NOTARY PUBLIC, State of New Y",k
No. 52.8125850, Suffolk Coun!y
Term Expires March 30. l1ilr
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