HomeMy WebLinkAbout2783945 Broadwaters Rd., Cutchogue 3/I2/8I
D-change division line between lots 295 & 296
to run generally north and-south rather than
present east and west direction.
TOWN OF SOUTHOLD, NEW YOKK
ACTION OF THE ZONING BOAKD OF APPEALS
Appeal No. 2783 by application Dated January 9, 1981
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Rudolph H. Bruer, Esq. as attorney for
Mr. Thomas J. DeBorger
Main Road, Southold, NY 11971
Appellant
at a meeting of the Zoning Board of Appeals on APril. 23, 1981
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. ITI, Sec
( )
100-31
the appeal
~anted ( ) be de~ed pursuant to Article .................... Sect~n .................... Subsection .................... paragra~
.................... of t~ Zoning Ordinance and the decis~n of the Bu~ding I~pector ( ) be reversed ( ) be
co~irrned b~au~ Public Hearing: March 12, 1981: Application of Thomas J.
DeBorger, 93 Broadwaters Road, Cutchogue, NY (Rudolph H. Bruer, Esq.)
for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for
permission to change division line between Lots 295 and 296 to run
generally north and south rather than present east and west direction
at 945 Broadwaters Road (a/k/a 100 Wunneweta Road), Cutchogue, NY;
Nassau Point Properties Subd. Map 156, Lots 295 and 296; County Tax
Map Item No. 1000-104-11-9.
(SEE REVERSE SIDE)
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce
hardship because
(SEE REVERSE SIDE)
practical difficulties or unnecessary
(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)
change the character of the district because
(would not)
(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: lk
FORM ZB4
ZONING BOARD OF APPEALS
The Board finds and determines as follows:
By this appeal, appellant seeks permission "...to change
division line between Lots 295 and 296 to run generally north and
south rather than present east and west..." direction at 945
Broadwaters Road (a/k/a 100 Wunneweta Road), Cutchogue. The
Building Inspector's Notice of Disapproval dated January 19, 1981
indicates his reasons for disapproving appellant's request inas-
much as "...the existing one dwelling is located on both adjoining
lots, therefore...merged...and a second dwelling is not permitted
unless the merged lots are subdivided or the dwelling is moved
onto one of the lots with the required yard areas .... " Appellant
has claimed financial difficulties apparently due to a "pending
sale of the lot," and the change in the division line 'would be
to take advantage of the waterview.'
After researching the history of this property, it was
found that the property in question is part of Nassau Point
Properties Subdivision of 1922, Map No. 156, which is contained
on the Town's "List of Excepted Subdivisions," which excepts
certain subdivisions from the area and width requirements of the
Code. It appears, as was iterated during hearing, that the
situation was created by appellant's predecessor in title when
he decided to utilize the two lots for one single-family.dwelling,
which was built on the division line between the two lots and
thereby resulting with merged premises. To grant this variance
would create two lots, the easterly lot with an area of 24,700
sq. ft. and the westerly lot with an area of 21,300 sq. ft. with
the property line running three feet from the corner of the
existing garage (on the westerly parcel).
The Board has also found that this residential area at
'Nassau Point has basic water-quality problems and a relatively
limited water supply; that the lots as proposed are undersized
in a recommended low-density area and would have a detrimental
effect on the surrounding area; that the relief requested is
substantial in relation to the Code requirements; that the hard-
· ship is not unique (circumstances which appellant faces are
similar to other circumstances in the neighborhood) and would
set a precedent in the neighborhood; that the circumstances
imposed by appellant's predecessor in title were chosen to devote
the entire premises to a one'family dwelling; and that the
interests of justice would best be served by denying the relief
requested in this appeal.
On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was
RESOLVED, that Thomas J. DeB0rger be denied a variance to
the zoning ordinance, Art. III, Sec. 100-31, in Appeal No. 2783.
Location~of Property: 945 Broadwaters Road (a/k/a 100
Wunneweta Road), Cutchogue, NY; Nassau Point Properties Subdivi-
sion Lots 295 and 296, Map No. 156; County Tax Map Item No.
1000-104-11-9.
Vote of the Board:
Goehringer and Sawicki.
Ayes:
Messrs. Grigonis, Doyen, Douglass,
RECEIVED AND FILED BY
Town Clerk, To~rn Icl
APPROVED
- I hairman Board Appeal
COUNTY OF SUFFOLK
DEPARTMENT OF PLANNING
360-5513
LEE E. KOPPELMAN
DIRECTOR OF PLANNING
3uly 1, 1981
Mr. Charles Grigonis, Jr., Chairperson
Town of Southold Zoning Board of Appeals
Southold Town Hall - Main Road
Southold, N.Y. 11971
Re:Application of "Thomas J.
De ~orger" (#2783)
Town of Southold (SD-81-5)
Dear Mr. Grigonis,
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk
County Charter, the Suffolk County Planning Commission on July 1, 1981
reviewed the above captioned application and after due study and delibera-
tion Resolved to disapprove it because of the following:
It is inconsistent with water supply limitations in the Nassau
Point area;
It would tend to establish a precedent for the continuance of
such land development patterns in the locale as circumstances
affecting premises are shared by others in the neighborhood; and
There appears to be no demonstrable grounds of practical difficulty
or unecessary hardship at the site.
GGN: md
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald G. Newman
Chief Planner
VETERANS MEMORIAl. HIGHWAY
HAUPPAUGE, Lo I.. NEW YORK
979-2920
TOWN CLERK 765-3783
Building Dept. 1
Planning Bd. 765-2660
Board of Appeals
Town Of Southold
TOWN GLERK'S OFFIGE
Main Road
Southold, N. Y. 119'71
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1
and m, the ...]~.O.a~..~..o.f...A])~esJ. s ............ of the town of Southold, N. Y. hereby refers the following
(agency involvedI
proposed zonln,g action to the Suffolk County Planning Commission:
(check one)
............ New and recodifled zoning ordinance
............ Amendment fo the zoning ordinance
............ Zoning changes
............ Special permits
...~ ....Variances Art. III, 8e¢.
AppeaL1. No. 2785
~Lr. Thomas J. DeBorger
Main Road
Southold, NY 11971
Locafio.n of affected la nd: ~..~. 5.. ~r..o.a.d~a.t..er.$... Rd ,....(a/.kZa.. !.00.. ~unne~et.a.. Rd..) ,...Cutchogue '
within 500 feet of: (check one or more) (1000-10/I-11-9)
...](~ ....Town or village boundary line, or shore line (Broadwaters Cove)
............ State or county road, parkway or expressway
............ State or county ,park or recreation area
............ Stream or drainage channel owned by the county or for whi.ch the county has established channel
lines
............ State or county owned parcel on which a public building is situated
Comments: Applicant was denied permission to change division line between
L~ts 295 & 296 to run generally north & sc'~t~ r~the~ than present
east & west direction. (Nassau Point Properties Subd. Map 156,
Lots 295 a 296)
Oat,: ..... 611.le.. . .............................
(signed)
..Ei.!.e.e.n....M.. ~.....C..a~...e.~,....T.e....mpo. r~...Se..c.r..e, tary
Title
Date received by Suffolk County Planning Commission ..........................................................................
File No .................................
Today's Date: April 23, 1981
Members Absent~ if any:
Appeal No.
Agenda Item/Matter of:
Type of Variance or Appeal:
DEBORGER, THOMAS
Variance for area and width
Resolution made by:
Seconded by:
GCrharles
~9oms
( )
%e _Robert
n 13ouglass
( ) ( )
( ) ( )
G Gerard Joseph.
oenrmger bawlcK1
( ) ( )
Action:
( ) Approve as applied for
( )_Deny as applied for
( ~Deny
( ) Deny without prejudice'
( ) Withdrawn without
Prejudice
( )
( ) Approve with the following conditions:
( ) Subject to' County Plannin9 referral
( ) Subject to Plannin9 Board approval
( ) Subject toD.E.C, requlati~ns ( )
Other:
Findings of the Board are as follows:
Other:
Not Within the Character of the Neighborhood
Variance is Substantial in Relation to Code
Hardship not sufficient
Hardship o1~:~i~l~i~g~t¥ Not Unique
Will set a precedent in the neighborhood
( ) Granting the Relief 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
( }~.Area is already very congested
( ~/Interests of justice served by denying ( )
(~ The circumstances imposed by appellant(
edecessor in title who had presumably chosen to devotJe ae ent, i re premises to
Vote ofthe Board: Ayes: (~CG (HSD (~ RD (~GG (~JS
Nay: ( ) ( ) () () ()
Abstain: ( ) ( ) ( ) ( ) ( )
Absent: ( ) . ( ) (). ( ) ( )
the neighborhood
Interests of Justice served by xjranting
a one-family dwellinc;
Notes: The circumstances which appellant faces are similar to other circumstance
. of the neighborhood,
Southold Town Board of Appeals
-11- March 12, 1981
MR. CHAIRMAN: I think that was granted to him a few years
ago -- in that application.
MRS. WICKHAM: Pardon me?
MR. CHAIRMAN:
tion you spoke of.
I think that was granted to him in the applica-
MRS. WICKHAM: That was the access that was available to the
property at that time.
MR. CHAIRMAN: Any other questions? I'll offer a resolution
closing the hearing and reserving decision.
MR. GOEHRINGER: Second.
On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was
RESOLVED, to close the hearing and reserve decision in Appeal
No. 2786, application of Richard A. Schlumpf and wife.
Vote of the Board: AyeS: Messrs. Grigonis, Douglass, Goehringer
and Sawicki. Absent was: Mr. Doyen.
PUBLIC HEARING: Appeal No. 2783. Application of Thomas J.
DeBorger, 93 Broadwaters Road, Cutchogue, NY (Rudolph H. Bruer, Esq.)
for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for
permission to change division line between Lots 295 and 296 to run
generally north and south rather than present east and west at 945
Broadwaters Road (a/k/a 100 Wunneweta Road), Cutchogue, NY; Nassau
Point Properties Sub. Map 156, Lots 295 and 296; County Tax Map Item
No. 1000-104-11-9.
The Chairman opened the hearing at 8:22 p.m. by reading the
appeal application and related documents, legal notice of hearing
and affidavits attesting to its publication in both 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 made; fee paid $15.00.
MR. CHAIRMAN: We have a survey showing the property and the
location of the building on it, and we have a section of the County
Tax Map showing this area and the surrounding area. Is there anyone
wishing to speak for this application?
RUDOLPH H. BRUER, ESQ.: This application pretty well speaks
for itself, unless the Board has some questions. What we're doing
here is really just changing the lot lines. The denial by the
Southold Town Board of Appeals
-12-
~rch 12, 1981
(Mr. Bruer continued):
Building Inspector is due to the fact that part of the building is
on both, covers primarily one lot and is partially on the other.
What we propose to do is change the lot line so we again have the
two lots rather than be required to move that building onto one
lot, and to take advantage of the view, the waterview to the north
which would make the properties more valuable, and allow us to
consummate a sale of the other lot. I'll be glad to answer any
questions.
MR. CHAIRMAN: Thank you, Mr. Bruer. Is there anyone else
to speak for this? Is there anyone else to speak for this? Is
there anyone to speak against it?
RICHARD J. CRON, ESQ.: Yes, if it pleases the Board. I'm
here appearing in behalf of Mr. and Mrs. Jeffrey Reim, who are
adjoining lot owner in the vicinity of this particular piece of
property. I'm here obviously in opposition to the application.
I think it's important at the outset that the facts of this matter
again be reiterated to the Board, because what you're basically
dealing with, and I know the applicant has made reference to the
fact that this is an "Excepted Map" presumably under Section 100-112
of the Zoning Ordinance, but I don't think that's important with
respect to that application. What you're basically dealing with
is, Number One, two lots that existed a long, long time ago on a
subuivlsion that was created in.1922. Conceitedly these lots were
excepted from the current, requirements of the zoning ordinance
under Section 100-112. However, the exception was intended to take
place where the lots remained in their unimproved state, not in a
developed state. What has occurred has been in existence for some
time is a residential dwelling constructed on the two lots so as
to create basically, as far as the zoning ordinance was concerned,
one single lot with I'm sure, I don't even think an area of 40,000
square feet. Now what the applicant intends to do is by restruc-
turing the subdivision, so to speak, change the direction of the
lot line and now create two lots, both of which are substantially
less than the present zoning requirements. The lot that would be
left would be approximately 17,000 square feet or slightly less
than that. This is not what was intended by the exception that
was put in the ordinance. The hardship, if any exists, and frankly
I haven't seen by the application where any hardship exists, is
self-imposed or created by the applicant's predecessor in title
when he decided to utilize the two lots for a single dwelling.
What you're going to do if you grant the application is permit
this particular applicant to create a subdivision of two small
lots, which no other subdivider would be entitled to do if he
came before the Planning Board of this Town. I'd like to pursue
the arguments with the Board of the arguments that are made in
the application.
Southold Town Board of Appeals -13- ~rch 13, 1981
(Mr. Cron continued):
Under the undue hardship or practical difficulty, the sole
argument advanced by the applicant in this particular case is
that it would be to his advantage to have two lots facing the
water. I submit that doesn't establish practical difficulty if
you're dealing with an area variance, and it surely'doesn't
establish hardship if you're dealing with a use variance. In
fact I think you've got a little of both in this case, because
you're changing the area requirements, and the instance if you
grant another application for a building permit, you're changing
the use requirements with respect to that particular lot because
right now, under the ordinance that lot is entitled to one resi-
dence. And this is by choice of either the applicant or his
predecessor in title. He's not entitled to two residences.
Secondly the applicant points out with respect to the
uniqueness of the application that it's unique to this particular
parcel. That is not true. There are other lots in this area
where the property owners have built on more than one of these
lots in this subdivision. I can think of one instance because
I represented the people in the past, and that is Mr. and Mrs.
Robert Reim, who had their residence on both Lots 141 and 142.
So it's not unique to this particular parcel, and I think there
are other people here this evening who likewise have utilized
more than one of their lots. In terms of the character of the
area. Number One, the character of the area will be drastically
changed, and Number"Two it will affect the area. The character
of the area is going to be changed because you're going to
utilize one piece of land on which one residence exists and you're
going to create two residences. That surely is going to have an
effect on surrounding properties not only in the terms of their
value but secondly in terms of a water situation that exists down
on Nassau Point. It's a well known~fact, and it's documented by
not only the Health Department letters to this Board, but in this
Board's own decisions in recent cases where the Board has recog-
nized the fragile water supply that exists in Nassau Point and has
on numerous occasions turned down applications which had more
merit than this particular application.
So for these reasons I would respectfully request ~that this
Board deny this application.
MR. CHAIRMAN: Thank you, Mr. Cron.
JEFFREY REIM: Mr. Cron I think stated all of my points
perfectly. I did want to see if the Board received two letters
from the two other adjoining property owners that I didn't hear
read tonight. One was from Frank Abrams, who is an immediate
adjoining property owner and the other from Lou Sillich.
~outhold Town Board of Appeals
-14-
~rch 12, 1981
MR. CHAIRMAN: Yeah, I've got about four of them I'm going
to read off into the record.
MR. REIM: I just wanted to see if those came.
MR. CHAIRMAN: Anyone else wishing to speak?
W.S. GARDNER: Yes' My name is W.S. Gardner. I'm President
of the Nassau Point Property Owners Association. I've been here
many times. The song is getting sort of trite, but I agree so
much with Mr'. Cron's arguments. I don't have the technicalities
that he does, but I know that once, my own feeling and my neighbors
feelings, that once a house has been built across two lots any
adjoining neighbor:feels that it's one lot and buys'this property
his house on that basis. My second point of course, to get back to
the old story, about water on Nassau Point. Again my point has
been taken by Mr. Cron very ably that there are many lots on Nassau
Point that are straddled by one home, and to set a precedent to
enable people to cut up odd shaped lots, and you can do it any way
yOu want, it doesn't have to be a straight line, it could be a
crooked line, it's going to set a precedent which is going to hurt
our fragile water supply and hurt us immeasurably. And the Nassau
Point Property Owners Association wants to go on very strong record
against the granting of this variance. Thank you.
MR. CHAIRMAN: Thank you. Is there anyone else?
PAUL FOLEY: My name is Paul Foley. I'm an adjoining property
owner. In view of the water table situation right now, I feel until
the Town does something in buying public water systems, that this
variance should not be allowed, personallY. Thank you.
MR. CHAIRMAN: Thank you. Anyone else?
RUDOLPH H. BRUER, ESQ.: My Grigonis, a couple of words. Very
briefly, in connection with what Mr. Cron said before, he made a
great deal of the word the "intent." The subdivision is an excepted
map. I don't believe there is anything in the ordinance that says
anything to do with the intent, and what the Town Board did at that
time there is nothing in the record to show their intent when they
enacted the exceptions to the map. What we are asking basically is
to have two lots that are in that subdivision, fee two lots. With
respect to the Health Department, the lots will have to stand on its
own two feet with respect to any application before that. regarding
its approval of the water systems, etc. I believe the application
is well-founded. They are two lots. There are financial difficulties
here. There is a pending sale of the lot, pending the approval of
this Board of the division, and there is a technical division of the
property if the merger is strictly by way of a small portion of the
premises being on the other lot. The, in my opinion, I think and I
think anybody in viewing the area, can see that a more3proper cutting
up of the lot would be to take advantage of the waterview and what
we propose is in the best interest of the property. Thank you.
~outhold Town Board of Appeals
-15-
~rch 12, 1981
MR. CRON: May I make some response to that please?
MR. CHAIRMAN: Ok. Go ahead.
MR. CRON: First of all, I think the intent is clearly expressed
in the ordinance, the ordinance when it comes to the exceptions that
the ordinance intended to give with respect to existing maps when the
ordinance was adopted. The intent lied with respect to the use of
vacant lands which didn't meet zoning requirements and was intended
to give relief with respect to those maps that were in existence.
This is a different situation which exists here. Whatever hardship
exists, 'and I certainly doubt any does, but whatever does exist was
self-imposed. It was bought that way, it was built that way, it was
intended to be that way. Now a very interesting point is made and I
think I ought to stress to this Board, this man or this applicant now
becomes before this Board because he is selling the property. He held
this property since 1972 and as long as he lived there he didn't feel
the necessity of dividing that so he could have two residences. Now
that he is selling it, perhaps getting out of the area, he has nothing
to lose. And when he says there's no detriment as far as the property,
maybe not as~to the property, but certainly as to the adjoining land-
owners. So there is an ulterior motive in seeking the application.
MR. CHAIRMAN:
ahead, Jeff.
I'll read these letters -- oh, excuse me, go
MR. REIM: Chairman, Mr. Cron made reference to one other piece
of property on Nassau Point where a house straddled two lots. The
immediate adjoining property owner Frank Abrams' house stradles two
lots. He's the owner of Lot 292, which is an open lot, 293 and 294,
and Mr. Abrams indicated to me that his house did in fact straddle
293 and 294, so it's not unique. Please, that's two examples.
MR. CHAIRMAN: Thank you, Mr. Reim. Mrs. Oliva?
RUTH OLIVA:
was 1.2 acres?
Did you say that the total area of the two lots
MR. CHAIRMAN: Right. No one else wants to speak right now,
I will go through with these letters. (The Chairman read three letters
received from the following in opposition to the granting of the
subject appeal: Nassau Point Property Owners Association letter
dated February 28, 1981 and received 3/2/81; Louis F. Sillich, P.E.
letter dated March 1, 1981 and received 3/3/81; Frank W. Abrams'
letter dated March 4, 1981 and received 3/9/81.)
MEMBER GOEHRINGER: Mr. Bruer, could you give us a copy of
the survey or a sketch of the survey indicating the square footage
of both properties in question; of course, it's only one property
now shown as 1.2 acres, but Mr. Cron did state that he thought there
was 17,000 square feet to one lot that this gentleman would be setting
off in this particular case. I really don't know how large it is.
Could you get it for us, please? Either call it in or send it in.
S~uthold Town Board of Appeals
-16- ~rch 12, 1981
MR. BRUER: Sure. Ok. Fine.
MR. CHAIRMAN: If no one else has anything, I'll offer a
resolution closing the hearing and reserving decision.
MEMBER DOUGLASS: Second.
was
On motion made by Mr. Grigonis, seconded by Mr. Douglass, it
RESOLVED, that the hearing be declared closed and decision
reserved in the matter of Appeal No. 2783, application of Thomas J.
DeBorger.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goehringer
and Sawicki. Absent was: Mr. Doyen.
PUBLIC HEARING: Appeal No. 2787. Application of Frederick
Cowan and Company, Inc., 120 Terminal Avenue, Plainview, NY 11803,
(Richard J. Cron, Esq.) for a Variance to the Zoning Ordinance, Art.
VII, Sec. 100-70A, B, for permission to conduct an industrial-type
business (equipment designing and fabricating) in a B-1 Business
District. Location of property: northwest corner of North Street
and School House Road, Cutchogue, NY; bounded northwest by School
House Road; northeast by North Street; southwest by Baxter; south-
east by Case; County Tax Map Item No. 1000-102-5-9.2.
The Chairman opened the hearing at 8:50 p.m. by reading the
appeal application and related documents, legal notice of hearing
and affidavits attesting to its publication in both 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 made; fee paid $15.00.
MR. CHAIRMAN: We have a survey and a section of the County
Tax Map showing this and the surrounding properties. Is there
anyone here to speak for this application? That would be you, I
guess, Mr. Cron.
RICHARD J. CRON, ESQ.: Yes, if it pleases the Board. I would
to say at the outset I think a lot of stress has been placed on the
description of this property on its intended use as industrial in
nature. Not through my application but in reference by the Building
Inspector in the denial of the right to use the premises as we would
like to use it. I think the only reason it's referred in that manner
is because we're dealing basically with an ordinance that is very
specific in terms of the uses that can be employed in a specific
zoned district. The type of use that we would like to employ at
the premises, it is really not industrial in the sense that most
people would view the word "industrial." We have no other choice I
OWNER
FORMER OWNER
SEAS.
IMP,
~ES.
LAND
TOWI'~,OoF SOUTHOLD PRO4~I~RTY RECORD CARD
STREET I VI LLAGE
AGE
FARM
'illable 1
=:illable 2
~ 'illable 3
Voodlond
wampl,and
rushlond
!ouse Plot
NORMAL
Acre
N
S
IL
TOTAL
-.5-E o o /
E
W
/ SUB. I~ LOT
DIsT.
TYPE OF BUILDING '
FARM
DATE
COMM. CB. MISC. Mkt. Value
BUILDING CONDITION
BELOW ABOVE
Value Per
Acre
Value
FRONTAGE ON WATER
FRONTAGE ON ROAD
DEPTH
BULKHEAD
DOCK
' COLOR
TRIM
~tensi°n ,Basement ~V ZZ Fl~rs ~ ~ ~ K. --
~tension I ~t. Walls ~¢ ~ Interior Finish LR. ---
_~ :ire Place ~[ ~ Heat ~ /~ ~/~ ~ DR.
- Fype Roof ~ .~./~ RoOms 1st Floor' BR.
_'P°rch Recreation Room Rooms 2nd Flor ,FIN. B.
I Breezeway Driveway
Patio
LKFFE:RTS P. EDSON
RUDOLPH H. BRUER
ATTO~NE~YI AT ].AW
MAIH ROAD
IOUTHOLDo NEW YORK 11971
March 18, 1981
Board of/ ppea ::
Tarn ol SoulhOl[l
Southold Town Board of Appeals
Main Road - State Road 25
Southold, New York 11971
Attention: Linda Kowalski
Secretary to the Board of Appeals
Re:
Appeal No. 2783
Application of Thomas J. DeBorqer
Dear Linda:
Upon the request of the Board of Appeals at public
hearing held March 12, 1981, we have obtained the follow-
ing information from Roderick VanTuyl, P.C.:
Taking into consideration the Town of Southold
set-back requirements, the maximum amount of area
that can be created on the easterly portion of
the subject premises is 24,700 square feet. This
leaves 21,300 square feet of area in the westerly
portion with the property line running three (3)
feet from the corner of the existing garage.
Please bring this information to the attention of
the Board of Appeals for their consideration.
Sincerely,
Rudolph H. Bruer~--'
RHB/df
FRANK W. ABRAMS
BRO.~DWATERI~
CIITCHOGUE, L. L, NEW YORK 119~5
0
.. C
NASSAU POINT PROPERTY DWNERS ASSOCIATION
p, I-I. BOX -'~46 OUTC:HOGUE, L. I., N. Y. 11935
Zoning Board of Appeals
Town o£ Southold
Southold, N.Y. 11971
Gentlemen:
February 28,1981
As ?resident of our Association, I have reviewed the request for
a variance by Mr. Be Borger which will be heard by your Board on
March 5,1981. Many homeowners adjacent to the property have ex-
pressed to me their objections to the granting of this variance.
While I plan to attend your hearing, I thought it best for our
Association to give you our objections to this appeal.
1. Adjacent property owners have purchased their properties with
some consideration to home density and vacant lots in the
the vicinity. It is understood by everyone that vacant lots
can be built on but if a house is built on the building line
or across that line on ~o lots, I am sure that a prospective
buyer would logically expect that these two lots h~d reached
their maximum building potential. To grant an owner of two
lots whose home is on both lots, the right to carve out a'
piece, seems to be an infringement of the rights and interests
of adjoining home owners. I am sure our zoning laws are for
the purpose of limiting the excessive crowding of homes and
to deny this request would certainly be ~following the spirit
of our laws. I can see no hardship in this case. The loss of
opportunity of selling a chopped off piece of land at today's
prices would not seem to constitute a "hardship" under our
zoning regulations. As a matter of fact, in many instances,
owners requesting variances are doing so with the intent of
moving from the area and wishing to make their property more
saleable. This is very unfair to the remaining neighbors.
2. There are many homes on Nassau Point that are built on two
or more original lots where the house straddles a property line.
If this variance is granted, a precedent will be set which will
enable others to carve out various odd shaped lots for sale
which will add greatly to the house potential on the Point.
And, of course, this brings us to our main problem, the
water situation on our peninsula. We are doing everything in
ourpo~er within the zoning laws to protect our water supply
as recommended by the Su£folk County ~epartment o£ Health.
I understand that many neighbors will be at your hearing. We all hope
that you will recognize our concern and the validity of our arguments
and deny this appeal for variance.
W. S. ~dn~,~esident
O O
LEGAL NOTICE
NOTICE IS HEREBY
.GIVEN, that all of the hear-
rags to be held by the $outhold
Town Board of Appeals on
March 5, 1981, have been
recessed until Thursday,
March 12, 1981, which said
hearings will be heard at the
same times as previously ad-
vertised, at the Southold Town
Hail, Main Road, Southold,
NY.
Dated: March 5, 1981.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF'APPEALS -
CHARLES GRIGONIS. JR.
1TM12-3642 CHAIRMAN
COUI~TY OF SUFFOLR,
STATE OF N£W YORK, ~ ss:
....D.a. ¥~d...H. ,. Walker
........................ being duly Sworn.
says that ... he.. is Printer and Publisher of the SUFFOLK
WEEKLY TllVlES, a newspaper published at Greenport, in said
county: and that the notice, of which the annexed is u printed
copy, has been published in the said Suffolk Week{y Times
once in each week, ior orle
............................ weeks
successively commencing on the
day of .... Ha.~.c.h..~ .......
.....
Sworn to l~fore me this 12'~ .................
day of March 10..8'~
...........
HELEN K. DE
NOTARY PUBLIC, State of New York
No. 4707878, Suffolk Count
Term Expires March 30,
COUNTY OF SUFFOLK
STATE OF NEW YORK
LEGAL NOTICE ~'-~
NOTICE .' ~,~ ;: HEREBY
· 'GIYEN~'th~ ail of tl~he~r~ngs
to :b~~ held-; by' th~'~ ~thoid
To~ ~ard of Ap~als on
March 5, 1981 have ~en
~ssed until ~u~sday,
Mar~ 12, 1981, which said
hea~gs w~l be h~rd at the
~me times as p~ously
adv~ised ~ the ~uthold
To~ H~I, Main Road, ~uth-
old, ~.
Daed: March 5, 1981.
BY O~ER OF
~E SO~O~ TO~
BOARD OF APPEALS
~ARLES G~GONIS, JR.
~ai~
Patricia Wood, being duly sworn, says that she is the
Editor, Of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in. Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for ........... .~. ........................... weeks
successively, commencing on the .... )...~... ..........................
d~~ .................... 19.~..
~ ...... ~ ......... '.., ....... ,/...t~/..~......~.. .....
LEGAL NOTICE
NOTICE IS HEREBY GIVEN, that all of the hearings to be
held by the Southold Town Board of Appeals on March 5, 1981
have been recessed until Thursday, March 12, 1981, which
said hearings will be heard at the same times as previously
advertised.at the Southold Town Hall, Main Road, Southold, NY.
Dated: March 5, 1981. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS, JR.
CHAIRMAN
Suffolk Times and Long Island Traveler Watchman:
Please publish the above legal notice once, to wit, Thursday,
March 12, 1981 and forward two affidavits of publication to:
Board of Appeals, Main Road, Southold, NY 11971.
765-1809.
Copies 'to':
Suffolk Times by hand Monday 5:00 p.m. 3/9/81.
L.I. Traveler by hand Tues., a.m. 3/10/81.
The following by mail 3/10/81:
Rudolph H. Bruer, Esq.
Abigail A. Wickham, Esq.
Richard J. Cron, Esq.
Mr. and Mrs. Leo Brac
William H. Price, Jr., Esq.
Mr. Alfred H. Goldsmith
Mr. and Mrs. George Sweeney
Posted on Town Clerk Bulletin Board 3/5/81.
Copy to Supervisor's Office 3/10/81.
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 South-
old, the following matters will
be held for public hearings by
the Southold Town Board of
north by James, Mealy, Capo-
bianco, Shelly, Lueckoff; west
by Indian Neck Lane; south by
'-'PeCOnic'Bay Gardens; east by-
Richmond Creek; County Tax
Map Item No. 1000-86-5-7 and
8.
_ 7:55 o.m. Aoolication of.
LThomas J, DeB0reer. c)~-
_ Broadwa'ters Road, Cutch-
ogue, NY (Rudolph H. Bruer, -
~ Esq.) for a Variance to the
· ~Zoning Ordinance, Art, IH,
.~ec. 100-31 for permission
?hanec division line between
~Lots 295 and 296 .~o.~run-
L £enerally north and~
r.~ather than present east and--
west at 945 Broadwaters Road
~k/a !00 Wunneweta Road~.
C*'utchogue, NY; Nassau Point
_Prooerties Sub. Mzn Ig~ !
_29S.and 296: Couq~ Tax Man
8:05 p.m. ApplicatiOn of
Frederick C~van and Com-
pany. Inc., 120 Terminal
Avenue. Plainview; NY l 1803
(Richard J.. Cron. Esq.) for a
Variance ID the Zoning Ordin-
ance, Art'. VIi'. Sec. 100-70A,
B. fi~r permission to conduct
an industrial-type business
(equipment designing and,.,
f,abricafing) in a B-I Business
District. Location of property:
northwest corner of North
Street and School House Road,
Cutchogue. NY: bounded
northwest by School'~rlouse
Road; northeast by North
Street; southwest by Baxter;
southeast by Case; County Tax
MaP lieTM No. 1000-102-5-9~2.
8:20 p.m. Application of Leo
and Lillian Brac, Nassau Point
Road. Cutchogue, NY for a
· Variance tO the Zoning Ordin-
ance. Art. II1. Sec~. 100-31 for
permission, to alter property
line between Subd. Lots No~ 49
and 50, reduc'ing the lot area
for Lot 50 and increasing the
'- lot area for Lot 49 of property,/'
located at the east side of
Nassau Point Road. Cutch-
ogue~ NY; bounded north by
Eggers; west by Nassau Point
Road; south by Blaikie; east by
Peconic Bay: County Tax Map
Item No. 1000.111.15.8.
8:30 p,m.. Application ;of
Frederic p. Rich, 1470 Hobart
Road, Southold, NY (William
H. Price, Jr., Esq.) for a
Variance to the Zoning Ordih-
ance. Art. III, Sec. 100-$1 for
aPproval of insufficient area
and width of two proposed
, parcels each with a residenc~,
and known as 1470 and
Hobart Road, Southold, NY;
bounded northwest by smith;
sou!hwest by Town~ Creek.,,,-
southeast by Creighton; north-'
eas~ by Hobart Road; County
Tax Map Item No. 1000-64,
$-2.
8:$5 p.m. Application of
North Fork Motel. Ini:. to
change existing motel Use to
privalely-owned units. :: (Pre-
viously advertised 2/5/81).
Daled: February 12, 198I.
BY ORDER OF
THE SOUTHOLD ¥OWN
BOARD OF AppEALS
CHARLES GRIGONIS. JR.;
Chairman
lb IT. 2/19781 (17)
COUNTY OF SUFFOLK
STATE OF NEW YORK
ss:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for ........... ! ............................ weeks
successively, commencing on the ..... .~....~. ............................
day o( ~.~ ........ 19...~..~..
Sworn tO before me this ..... ,.~...?... ........... 'day o~
....
CLEMENT J. THOMPSON
NOTARY PUBLIC. State d Ne~ Y0~k
t4o. 52.9~1725
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,
the following matters will be
held for public hearings by the
Southold Town Board of Ap-
peals at the Southold Town
Hall, Main Road, Southold,
N,Y., on Thursday, March 5,
1981:
7:30 p.m. Application of
John and Mary Pietrodangelo,
52340 Main Road, Southold,
NY (Rudolph H. Bruer, Esq.)
for a Variance to the Zoning
Ordinance, Art. III, Section
100-30(A), (C) for permission
to operate a retail flower shop
on first floor of existing build-
ing in an A-Residential Dis-
trict. Location of Property:
52340 Main Road (S.R. 25),
Southold, NY; bounded north
by S.R. 25; west by Charnews;
south by Southold School Dis-
trict No. 5; east by Terry;
County Tax Map Item No.
1000-63-6-9.
7:45 p.m. Application of
Richard A. and Janet J.
Sch]umpf, 32 Curtis Path, East
Northport, NY (Wickham,
Wickham & Bressler, P.C. as
attorneys) for a Variance to
the Zoning Ordinance, Art. III,
Sec. 100-31 for approval of the
reduction of the area and
width of a parcel of land to
provide additional access to a
second parcel of land, located
~t the east Side of Indian Neck
Lane, Peconic, NY; bounded
north by James, Mealy, Cap-
obianco, Shelly, Lueckoff;
west by Indian Neck Lane;
south by Peconic Bay Gar-
dens; east by Richmon(l
Creek; County Tax Map Item
No. 1000-86-5-7 and 8.
7:55 p_.~ .. Application of.
Thomas J. DeBor, ger,. 93 corner of" North Street and
Broadwaters Roao, C~t- School House Road, Cut-
'cho. g~e~_N~ ...... f~B~Jp._.h H. chOgue, NY; bounded.north-
Bruer.~_E_s_q,_)_.~92__a_V_A~i~n_c_e_~o_ .... west by School House Road;
~_he~oo~gOr~d!~_nc.e,_~r~t._!H~..- northeast by North Street;
· .$~C., 100:31_ for. per.mission to
change division line between
Lots 295 and 296 th' run
'~' ' fi0rth' h'fia 'S~uth-r~-t~e-Y-'
~(~in presentl east i~ '~£~a-qT.
945 Broadwa ters RoatL(a/kZ,~
100 Wunneweta Road)~_.~_ut-
chogue, NY; Nassau Point
.~ies Sub. Map_l_5_6~_Lots_
295 and 296 County Tax Map
- ~-.;05-;~p~7---'A~plFcation of
Frederick Cowan and Compa-
ny, Inc., 120 Terminal Avenue,
Plainview, NY 11803 (Richard
J. Cron, Esq.) for a Variance
to the Zoning Ordinance, Art.
?-ii. Sec. 100-70A, B, for per-
mission to conduct an indus-
trial-type business (equipment
designing and fabricating) in
a B-1 Business District. Loca-
tion of property: northwest
southwest by Baxter; south-
east by Case; County Tax Map
Item No. 1000-102-5-9.2.
8:20 p.m. Application of Leo
and Lillian Brac, Nassau Point
Road, Cutchogue, NY for a
Variance to the Zoning Ordi-
nance, At. III, Sec. 100-31 for
permission to alter property
line between Subd. Lots No. 49
and 50, reducing the lot area
for Lot 50 and increasing the
lot area for Lot 49 of property
located at the east side of
Nassau Point Road, Cut-
chogue, NY; bounded north by
Eggers; west by Nassau Point
Road; south by Blaikie; east
by Peconic Bay; County Tax
Map Item No. 1000-111-15-8.
8:30 p.m. Application of
Frederic P. Rich, 1470 Hobart
Road. Southold, NY (William
~LEN ~. DE VOE
NOTARy PUBLIC, State of New York
No. 4707878, Suffolk County
/'erin £×.D~res March Sf~. j~
H. Price, Jr., Esq.) for a
Variance to the Zoning Ordi-
nance, Art. III, Sec. 100-31 for
approval of insufficient area
and width of two proposed
parcels each with a residence,
and known as 1470 and 1580
Hobart Road, Southold, NY;
bounded northwest by Smith;
southwest by Town Creek;
southeast by Creighton; north-
east by Hobart Road; County
Tax Map Item No. 1000-64-3-2.
8:35 p.m. Application of
North Fork Motel, Inc. to
change existing motel use to
privately-owned units. (Prev-
iously advertised 2/5/81).
Dated: February 12, 1981.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS, JR.,
CHAIRMAN
1TF19-3629
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,
the following matters will be held for public hearings by the
Southold Town Board of Appeals at the Southold Town Hall, Main Road,
Southold, NY on Thursday, March 5, 1981:
7:30 p.m. Application of John and MarS ~ie.trodangelo, 52340
Main Road, Southold, NY (RudolPh~H. Bruer, Esq.) for a Variance to
the Zoning Ordinance, Art. III, Section IO0-30(A),(C) for permission
to operate a retail flower shop on first floor of existing building
in an' A-Residential District. Location of Property: 52340 Main
Road (S.R. 25), Southold, NY; bounded north by S.R. 25; west by
Charhews; south by Southold School District No. 5; east by Terry;
County Tax Map Item No. 1000-63-6-9.
7:45 p.m. Application of Richard A. and Janet J. Schlumpf,
32 Curtis Path, East Northp°rt, NY (Wickham, Wickham & Bressler,
P.C. as attorneys) for a Variance to the Zoning Ordinance, Art. III,
· Sec. 100-31 for approval of the reduction'of the area and width of
a parcel of land to provide additional access to a second parcel of
land, located at the east side of Indian Neck Lane, Peconic, NY;
bounded north by James, Mealy, Capobianco, Sheily, Lueckoff; west
by Indian Neck Lane; south by Peconic Bay Gardens; east by Richmond
Creek; County Tax Map Item No. 1000-86-5-7 and 8.
7:55 p.m. Application of Thomas J. DeBorger, 93 Broadwaters
\ Road, Cutchogue, NY (Rudolph H. Bruer, Esq.) for a Variance to
/
he Zoning Ordinance, Art. III, Sec~ 100-31 for permission to /
] change division linei t between Lots 295 and 296 to run generally
north and south rather than present east and west at 945. Broadwate~s
Road (a/k/a 100 Wunneweta Road), Cutchogue, NY; Nassau Point
Properties Sub. Map 156, Lots 295 and 296; County Tax Map Item
'~Pa ge 2
Legal Notice of Hearings
Board of Appeals Meeting of March 5, 1981
No. lO00-104-11-9.
8:05 p.m.
Application of Frederick Cowan and Company, Inc.,
120 Terminal Avenue, Plainview, NY 11803 (Richard J. Cron, Esq.)
for a Variance to the Zoning Ordinance, Art. VII, Sec. lO0-70A, B,
for permission to conduct an industrial-type business (equipment
designing and fabricating) in a B-1 Business District. Location
of property: northwest corner of North Street and School House
Road, Cutchogue, NY; bounded northwest by School House Road;
northeast by North Street; southwest by Baxter; southeast by Case;
County Tax Map Item No. 1000-102-5-9.2.
8:20 p.m. Application of Leo and Lillian Brac, Nassau Point
Road, Cutchogue, NY for a Variance to the Zoning Ordinance, At.
III, Sec. 100-31 for permission to alter property line between
Subd. Lots No. 49 and 50, reducing the lot area for Lot 50 and
increasing the lot area for Lot 49 of prop. erty located at the
east side' of Nassau Point Road, Cutchogue, NY; bounded north by
Eggers; west by Nassau Point Road; south by Blaikie; east by
Peconic Bay; County Tax Map Item No. 1000-111-15-8.
8:30 p.m. Application of Frederic P. Rich, 1470 Hobart Road,
Southold, NY (William H. Price, Jr., Esq.) for a Variance to the
Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient
area and width of two proposed parcels each with a'residence, and
known as 1470 and 1580 Hobart Road, Southold, NY; bounded northwest
by Smith; southwest by Town Creek; southeast by Creighton; northeast
by Hobart Road; County Tax Map Item No. 1000-64-3-2.
8:35 p.m.
existing motel use to privately-owned units.
2/5/81).
Application of North Fork Motel, Inc. to change
(Previously advertised
Dated: February 12, 1981.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS, JR., CHAIRMAN
' To the Suffolk Weekly Times and Long Island Traveler-Watchman:
Please publish once, to wit, February 19th (or in the alternative,
not later than February 26th), and forward six affidavits of
publication to: Mrs. Linda Kowalski, Secretary, Board of Appeals,
Main Road, Southold,NY 11971. (tel. 516-765-1809 or 1802).
Copies mailed Tuesday, Feb. 17, 1981 to:
Rudolph H. Bruer, Esq. as attorney for
John and Mary Pietrodangelo
Thomas J. DeBorger
Wickham, Wickham & Bressler, P.C., attorneys for
Richard A. and Janet J..Schlumpf
Leo and Lillian Brac
William H. Price, Jr., Esq. as attorney for Frederic P. Rich and
North Fork Motel, Inc.
Frederick Cowan and Company, Inc.
Applicants at their mailing addresses shown on applications.
Supervisor
Town Clerk Bulletin Board was posted on 2/17/81.
Southold Town Board of Appeals
MAIN ROAD-E~TATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 766-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
TERRY TUT',',', LL
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
doseph H. Sawicki
TYPE II ACTION DESIGNATION
NOTICE OF NO'SIGNIFICANT EFFECT
UPON THE ENVIRONMENT
Pursuant to Section 617.13 of the New York State Environmental
Quality Review Act (SEQRA), Article 8 of the Environmental Conser-
vation Law, and Section 44-4 of the Southold Town Code, the South-
old Town Board of Appeals has determined the following-described
project is classified as a Type II Action, not having significant
adverse effects upon the environment. Pursuant to Section 617.5(a)
of the New York State Environmental Quality Review Act, no further
determination or procedure is required herein. This declaration
should not be considered a determination.made for any other depart-
ment or agency which may also be involved or any other project not
covered by the within application.
Applicant has submitted an environmental assessment in the short
form which indicates that no adverse effects were likely to occur to
the environment.
The property in question is approximately 250 feet from tidal
waters and separating the parcel from tidal area is a 50' town-
approved road, thereby not requiring DEC review at this time.
Applicant's ~ame: Thomas J. DeBor~er Appeal No. 2783.
Description of Project: Change division line between Lots 295
and 296 to run generally north and south rather than present east/west
direction at 945 Broadwaters Road, Cutchogue, NY.
Date and Place of Public Hearing: Thursday, 3/5/81 7:55at the
Southold Town Hall, Main Road, Southold, New York.
Documents on File: Appeal Application, Notice to adjoining prop-
erty owners with mail receipts, Surveys or Sketches of the proposed
project, Notice of Disapproval from the Building Inspector, Notice of
Hearing, Environmental Assessment in the short form, photocopy of the
County Tax Map showing this property and the surrounding area, and
other documents as may be required.
Person to Contact for Additional Information: Linda Kowalski,
Secretary to the Board of Appeals, Town Hall, Main Road, Southold,
New York 11971. Telephone (516) 765-1809, or 1802 (Building Inspector).
Dated: February 12, 1981.
Copies to:
Applicant or his agent.
Town Clerk's Bulletin Board.
Supervisor, Town of Southold.
O
TO
,D
HENRY E. RAYNOR, Jr., Chairman
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
William F. Mullen, Jr.
Southold, N.Y. 11971
February 11, 1981
TELEPHONE
765-1938
Mr. Charles Grigonis, Chairman
Zoning Board of Appeals
Town Hall
Southold, New York 11971
Dear Mr. Grigonis:
The Planning Board reviewed the application of Thomas J.
DeBorger at tDe regular meeting of the board held February 11.
It was the decision of the board that such setoff or
creation does not constitute a subdivision in accordance with
Chapter A106-13 of the Code of the Town of Southold.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Muriel Tolman, Secretary
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
TERR',' TUT; ;; LL
ROBERT J. DOUGI-~SS
GERARD P. GOEHRINGER
Joseph H. Sawicki
Southold Town Board °f Appeals
MAIN ROAD- E~TATIE ROAD 2.5 SOUTHOLD, L.I., N.Y. llg?l
TELEPHONE (516) 765-1809
January 26, 1981
Rudolph H. Bruer, Esq.
Edson and Bruer
Main Road
Southold, NY 11971
Re:
Appeal No. 2783
Application of Thomas J. DeBorger
Dear Mr. Bruer:
The Planning Board on September 23, 1980 amended certain
subdivision sections of the Code in that the term" subdivi-
sion shall not include the setoff or creation of a single lot
from a parcel of land, provided that before any.such setoff or
creation shall take place, the owner s'hall submit such proposal
to the Planning Board for its approval and determination of
whether such setoff or creation constitutes a subdivision...,"
Chapter A106-13.
At a regular meeting of the Board of Appeals held Thursday,
January 22, 1981, it was the unanimous decision of the members
that this matter be referred to the Planning Board by the
applicant for compliance of the above section, prior to
scheduling this matter for a public hearing.
If you have any questions, please do not hesitate to call.
Yours very truly,
CG:lk
CC:
Southold Town Planning Board
CHARLES GRIGONIS, JR.
CHAIRMAN
JUDITH T. TERRY ·
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
TELEPHONE
(516) 765-1801
Southold, L. I., N. Y. 11971
January 21, 1981
To;
SouthOld Town Zoning Board o£ Appea!s
From'
Judith T. Terry~ Town Clerk
Transmitted herewith is Zoning Appeal No. 2783 application of ThOmas J.) De Borger
for a variance. Also included are noti£i, cation to adjoining Property' owners a8
follows: Mr. & Mrs. Frank W, Abrams, Jr., CutchOgue, N.~Y".~ 11935; Mr.~ & Mrs.~
Paul R, Farley, 50 Spring Road, Huntington, N,~Y. 11743~ '
~TT/bn Town Clerk
Enclosures ' "
L£FF£RT$ P. £DSON
~UDOL. PH N. ~RU~'~
MAIN ROAD
~:OUTNOi. Do NEW YORK I 19~'1
January 15, 1981
(516) 765-1222
(516) 765-2500
Town of Southold
Building Department
Town Clerk's Office
Southold, New York 11971
Attention: Mr. George Fisher
Building Inspector
Re:
~homas J. DeBorger
Premises: Broadwaters Road
Cutchogue, N.Y.
Tax Map~ 1000 - 104 - 11 - 9
Dear Mr. Fisher:
We are the attorneys for Thomas J. DeBorger. It is
his wish to change the division line between Lots 295 and
296 (as shown on enclosed copy of survey) to run in a
basically North-South direction rather than the present
East-West direction.
Please advise us on this matter.
Sincere ly,
RHB/df
~ ~' ~ O ~°~"°'~
TOWN OF SOUTHOLD
~ BUILDING DEP,.ARTMENT
TOWN CLERK S OFFICE
SOUTHOLD, N. Y.
OTICE OF DISAPPROVAL
~o ~~..). & ~~ ......
...... ..... ...................
PLEASE TAKE NOTICE that your application dated .................................. , 19. .
~;u t-~ b~v~ ~ L~
for permit to c~[~ .................................... :...at the premises located at ....................................
~ ~/' ~ .~o~U ~---'Y~ ~ ~--~ct Street
...... T'a~ ..... ~'"'~-4;z('"¥: ....... ~o~m-~ - -- -
~,~ap ................................... ~r~ ......................................... LOT ...... ?~...r ..................................... is
returned herewith and disapproved on the following grounds ..Jt.?..-]..~...~...~....~....f..~..~...~......~/.~. ...... L..~... .....
.t~.?..P..e.f..~..b.. ..... .r.N~b(.../Z ...... L0..?...s. ..... /t.~.: ........ !..~!.:g.:C~.:':.~..z.. ..... 6:~.~b.s. ..... ...~.~....~'::.~
~...~.4....~.&~ .... ~~..~.~ ..... ~~ ...............................................................
Building Inspector
d_~ SHORT ~NVIRONMENTAL ASSESSt.4ENT FORI,4
''
INSTRUCTIONS:
--- (a) I~ Order to answer ilia questions in this short EAF it is assumed
that the preparer wiIi use currentIy avoiIobIe 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 fha 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 ' ' ..
~. W±I1 project ~esuIt"in a iarge physical change
to the project site or physicaliy citer more
YesX .No
than 10 acres of: land? ........................ .
2. Will there be a major change to any unique or
-unusual land form found on the site? .......... Yes x NO
3. Will project alter or have a large" effect'on
existing body of water?.. ..................... .,
4.. Will project have a potentially large impact ,
on groundwater quality? ....................... _ Yes: X:Ho._
5. Will project significantly effect drainage
flow on adjacent sites9 , . . ~ . Yes X No
6. Will project affect any threatened or
endangered plant or animal species? ........... ~_ _Yes.. X_ No
7. Will project result in o major adverse
Yes x No'
on air quality? .............. · ................. . ....
8. Will project hove o major effect on visual
character of the community or scenic views or.
vistas known to'be important to the community?.__'Yes x'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? ........... '.~..-v~.v..-...~-'~..w. Yes_ X No
10. Will project have a major effect on existing
or future recreational opportunities? .......... _ Yes:X~ No
11. Will project result in major traffic problems
o~ cause a major effect to existing
transportation systems? ....................... = Yes_X No
12. Will project regularly cause objectlonoble
odors, noise, glare, vibration, or electrlcol .
disturbance os o result of the project's
perotion? ' Yes x No
13. Will project have any impact on public health x
or.safety? .................................... . ~_Yes. ..N°
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 o major neg6tive effect
on lhe charon{er of the community or
Yes X No
neighborhood? .................................
15. Is there public controversy concerning
oject? · Yes X No
De Barge r
Brue r
PREPARER'S SIGNATURE
REPRESENTING Thomas J.
(Tod~y" s Date)
To:
Re:
Sout~old Town Board of Appeals
Main Road
Southold, NY 11971
Appeal Application of
Location of Property:
Thomas J. DeBorger
93 Broadwaters Rd., Nassau Point,
Cutchogue, New York 11935
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 NYCRR, Part 661, and Article 25 of the New York
State Environmental Conservation Law, please be advised that the
subject property in the within appeal application:
(please check one box)
[ ]
May be located wi'thin 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 ~he 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.]
~rely y~
Rud°l~~H. Bruer
Attorney for Applicant
O
TOWN OF $OUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.'Y. 'J
DATE 1 1981
.T...H.~..M~...S. .B....~...G..E...R. ii 93 Broadwaters Rd., Nassau Point,
1, (We) .... .J........D...E. ................... ~Of ............. ....................................... ::. .....................
Name of Appella.n.t Street and Number
Cutchogue 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
( )
(X)
( )
THOMAS J. DE BORGER
Name of Applicant for permit
of 93 Broadwaters Rd., Nassau Point, Cutchogue, N.Y.
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
1..LOCATION OF THE PROPERTY~B....~)....a..~...w..a..t...e...r..s....~...O....a..d......~....] ......... i...A....'~...e....s~-.'..9.e...n...t~.'...a..1....~ ......
.... Street -- ~ - Use District on Zoning Map
.................................. ....
Map No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article III Section 100-31
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16- ~ec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (1~) (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
(X) A Variance to the Zoning Ordinance
( )
is requested for the reason that appellant wishes to
between lots 295 & 296 to run in
rather than thepresent East-West
change the division line
a basically N~rth-South direction
direction.
Form ZBI
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because the existing dwelling was built on the westerly
portion of both lots, therefore appellant has lost the use of the
easterly portion of bDth lots as a building parcel and would be
unable to create ~-two lOts facing the water.
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 the existing dwelling was
built __on two lots. TO our ~nowledge, np one else in the area has
this problem; and in our opinion the lots should have been originally
divided so that both faced the water.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because these lots are on an excepted
subdivision map under Article I, Section 100-12 of the Southold
Code and we merely propose to change the shape of the lots to take
best advantage of the view to the north. No new building lots
will be created.
C~0.uNTy _OF SUFFOLK )o :'
Sworn to this ......................... .¢ __...~....~...i: .... dayof ........ 1981
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of :
THOMAS J. DE BORGER :
:
to the Board of Appeals of the Town of Southold :
TO:
NOTICE
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of $outhold
to request a (Variance) (~ (~...a~{.) ~jjf21~N~i~j~i~f:
2. That the property which is the subject of the Petition is located adjacent to your property and is,~es-
cribed as follows: See attached photocopy of survey
3. That the property which is the subject of such Petition is located in the following zoning district:
A-Re sidential
4. That by such Petition, the undersigned will request the following relief:
divide premises into 2 buildinq lots along fence line
attached survey.
permission to
as shown on
5. That the provisions f the Southold Town Zoning Code applicable to. the relief sought by the under-
signed are: Article III,°Section100-31
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there
examine the same during regular office hours.
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 Southoid 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: ~/
for Petitioner
Post Office Address
Main Road
Southold, New York 11971
NAME
PROOF OF MAILING OF NOTICE
ADDRESS
Mr.
Mr.
& Mrs.
& Mrs.
Frank W. Abrams,
Paul R. l{arley
Jr.
Cutchogue, New York 11935
50 Spring Road
Huntington, New York 11743
w~
9L61 udv '008[ w~o:[ Sd
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
Mary Diana Foster ,residingat(No~) McCann Lane, Greenport,
New York , being duly sworn, deposes and says that on the cxg/~c~ day
of~f,~ire~'Z~"~-'c , 19 ac~/ , deponent mailed a true copy of the Notice set forth on the re-
verse ted to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Southold, New York ; that said Notices were mailed to each of said persons by
(certified) (*~ mail.
Sworn to before me this ,:::~/~
day of _,,~~ , 19....__.~:~ ._
Notary Public ~/
ELIZABETH ANN NEVILLE
NOTARY PUBLIC, State of New York
No. 52-8125850, Suffolk ~
Term Expires March 30,
Mary ~iana Foster
14-12-4 (5180)
TO: Applicant
New York State Department of Environmental Conservation
NOTICE OF COMPLETE APPLICATION
THIS IS NOT A PERMIT
I
Address EI:M3C~ &
Soutlx~ld, NY 11971
Permit(s) applied for:
Date 5/6/81
App. Nos.
'~I 15277-0146
Project Description Town Soughold County Suffolk
[] and Site Location:
(k~.stxuct a o~:,-f~y resi~ on pilings amd as~ted septic system.
both house a~d septic system. In addition h~use will n~ed front yard se~
fr~n Tc~cn. Project site c~ Long Islan~ Sound, bet~_n ~ nc~ or fon~erly
Oountzywide Management, Inc. on w~st and ~:Cann on east, north (or M~lle)
Oou~ty Rt~. 27, 1390= 1.f. east of Albertson's Lane, Town of Southold, Suffolk..
/.oo- ¥
PUBLIC COMMENT: Applications may be reviewed at the address listed below and specific comments on the proj-
ect, or a request to become a party-in-interest if a public hearing is held, must be submitted in writing to the contact
person named
below no later than 6/g/R1
(By law, this date must be at least ~a~/~-(30 days for a SPDES Permit) from the date the notice will appear in the
Environmental Notice Bulletin.)
LEAD AGENCY:
SEQR DETERMINATION: (check appropriate box)
[] SEQR-1 Project is not subject to SEQR because it is exempt, excluded, or a Type II action.
[] SEQR-2 Project is a Type 1 action; it has been determined that the project (may, will not) (circle appropriate)
have a significant effect on the environment. A Negative Declaration has been prepared and is on file.
~] SEQR-3 Project is an unlisted action; it has been determined that the project will not have a significant effect on
the environment.
[] SEQR-4 A draft environmental impact statement has been prepared on this project and is on file.
[] SEQR-5 A final environmental impact statement has been prepared on this project and is on file.
CONTACT: (name, agency, address, telephone number)
Bldg. 40, SUNY, Stony ~rook, NY 11794
(516) 751-7900
TO THE This is tO advise that your application is complete and a review has commenced. Additional information may be requested from you
- ... APPLICANT: at a future date, if deemed necessary in order to process the application.
" .... ' The roject has been classified non-minor. Accordingly a dec s on will be made within 90 days of the date of this notice..~f a public
:~; ii ', hear:)r:o sneCessarv vouwillbenotfedwthn6Oday~,andthehearngw I commence with 9O days of the date of th s
~;,~, ' ', hear ng is held, the final decision will be made within 60 days after the hearing is completed. \
~~'-~:: Chief Executive Officer ' U.S. FiSh & Wildlife,
~li~nvi.rgnmentalJ"lo4iceBulletin, RoomSOg, SO Wolf Road, Albany, N.Y. 12233 c:,-,,.,.I-l-v~lrt ~'.,~{~-~ ]~t]
Bt~OA DWA TERS CO V£
TOWN OF $OUTHOLD
( UNDERWATER LANO)
12
$1.4 A(c )
,70' 1 4
Legend Revisions KEY
I~_
,ctLine W- - Refuse District k~ine -----R.'-I Deed Dimension 62' ~ I~F~/C/~~ ~;~ Il /~ ~ .... age
,ct Line -----L- - Block No. .. · Q Scaled Dimension 62's .+~ -- ~38 IO4
:tLine __~.p_~_ ParcelNo. ' ' 23 ' [DeedArea 12A(d) 4 ~, ~, /~ ~10 _
.... '- " ' ......
" ~ ..... ' 7~- ~tf~ ,
,ct Line S.- ~ Subd,v~sion Block No. (]1) j Calculated Area _
MAP 01:'
'"'[-MOS.. J. ,~..
',:' i';'2, T t~.~,RING