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HomeMy WebLinkAbout2897 3 Lake View Ave., Peconic I0/I5/8I CA-approval of access, and permission to build new dwelling w/insuff, front and rear yard setbacks. Lake Vie~ Ave.., Peconic I0/I5/8I CA-approVal of access, and permission to build new dwelling ~/in~uff. fron-t and yard setbacks. TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2897 by application Dated September 18, ACTION OF TI-rE ZONING BOARD OF APPEALS O17 THE TOWN OF SOUTHOLD To Rudolph H. Bruer, Esq., attorney for Mr. Victor L'Epplatenier Main Road, Southold, NY 11971 1981 Appellant October 15, 1981 at a meeting of the Zoning Board of Appeals on 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 0fN Request for a variance to the Zoning Ordinance Art. III, Sec. ( ) 100-31 the appeal 1. :~F.~[X~'~i~M~:X~~][X~X~^"~I~X:~X~kXXP~Mi~X~on ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed becaure Public Hearing: 10/15/81: Application of Victor L. L'Eplattenier, Box 361, Peconic, NY (by Rudolph H. Bruer, Esq.) for Variances: (1) for approval of access, New York Town Law Section 280-a, and (2) to the Zoning Ordinance, Article III, Section 100-31 for permission to build new dwelling with insufficient front and rear yard setbacks at Lake View Avenue and Dickinson Street, Peconic, NY; bounded north by Dickinson Street; west by Lake View Avenue; south by Garrido; east by Garrido; further identified as Subdivision Lots No. 57 and 58, Peconic Shores Subdivision Filed Map 654; County Tax Map Parcel Item No. 1000-67-3-12. (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 hardship because difficulties or unnecessary (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) 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 ( ) he reversed. CG: lk FORM ZB4 ZONING BOARD OF APPEALS Tile Board made the following%ndings and determination: Appellant has appealed to this Board seeking: (1) approval of access over Lake View Avenue, which Lake View Avenue begins at a point approximately 95 feet easterly from the intersection of Sound View Avenue and Huntington Boulevard, and running generally south and running thence east to the subject premises [more particularly known as Subdivision Lots No. 57 and 58 of Peconic Shores Subdivision], and (2) a variance for permission to construct a new dwelling with an insufficient frontyard setback off Lake View Avenue of approximate- ly 22 feet at its nearest point and an insufficient rearyard setback from the southeasterly property line of approximately 22 feet at its nearest point. The Board finds the access road to be passable but unimproved. The Board also finds that the premises in question is a corner lot with approximately 115 feet road frontage along Lake View Avenue and 95.38 feet along Dickinson Street, both being "paper roads," impassable and unimproved; that the premises contains an area of approximately 11,000 square feet. The topography of the subject parcel lends itself to the granting of this variance and it is the opinion of the Board that the practical difficulties are unique. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining proper- ties would be created; that the difficulty cannot be obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facili- ties of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested in Appeal No. 2897, appli- cation of Victor L'Eplattenier, be granted, SUBJECT TO THE FOLLOW- ING CONDITIONS: 1. That the applicant obtain a legal right to improve the access road (Lake View Avenue adescribed above) in view of the deeded covenants prohibits such road improvements, supra; 2. That such access road (Lake View Avenue described above) shall have a width of not less than 15 feet and shall be cleared of all trees, brush and other obstructions to a width of 15 feet; 3. That such access road shall be improved in EITHER of the following two methods: (a) Surfaced with a minimum depth of four inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of four inches; OR (b) Shall have topsoil removed to a depth of eight inches and then filled with eight inches of a good grade stone and sand bank run. The surface shall then be covered with a layer of two to four inches of three-quarter-inch stone .~cision Rendered O~ber 15, 19~1' ~ Southold Town Board~f Appeals (Appeal No. 2897 - Victor L'Eplattenier continued:) blend, or in the alternative oiled with a minimum of four-tenths of a gallon of road oil per square yard. 4. No building permit or certificate of occupancy shall be issued for the construction of any buildings or structures on the premises to which this access is referred until all of the condi- tions set forth herein have been complied with. 5. Where the'terrain of the land over which such access road is traversed is such that drainage problems may occur, the appli- cant shall be required to construct such drainage facilities as may be recommended by the Town Engineer. 6. That the access road be approved by the Board of Appeals, Town Building Inspector, or Town Engineer as to meeting the above requirements. Location of Property: Lake View Avenue and Dickinson Street, Peconic, NY; County Tax Map Parcel Item No. 1000-67-3-12. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. This resolution was unanimously adopted. RECEIVED AND FILED BY T}~E SOUTHOLD TO%VN Cr.~.RK Town Clerk, Town of Southold / / / TO~/N OF ~OUTflOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR ............ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. ¥. (We) .Y..Z...C..T...q~...~.'..~...U%...T...~..~.Z...E.~. ................ of ..... .P......q.......S...o..x.....3..e...Z. .......................................... Name of Appellant Street and Number ............. ..~..e...~..o.~?.. ................................................................. ..~......Y.?. ............... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED August 28, 1981 WHEREBY THE BUILDING INSPECTOR DENIED TO of VICTOR L ' EPLATTENIER Name of Applicant for permit P.O. Box 361, Peconic, New York 11958 Municipality State Street and Number ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PEI~tTT TO BUTLD 1. LOCATION OF THE PROPERTY ..D...~...c~...~.~..~.o...~.....~.~.,...&~....a.~...e.....V..~.e..W..~.v..e..;. ............ :~..~.~..--..R..e..~.~.dential Street Use District on Zoning Map 654 57 & 58 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 -and-N.Y. Town Law Section 280A, Subsection 3 3. TYPE OF APPEAL Appeal is mode herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map (X) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art, 1~ Sec. '280A Subsection 3 4. PREVIOUS APPEAL A previous appeal CP~s) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was mode in Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL (X) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that applicant desires to construct a dwelling on the subject premises, located on said premises as shown on the survey submitted herewith. P'orm ZB1 (Continue on other side) REASON FOR APPEAL :: ~. ,,. ,Cor~tin.~ed , ,:, - 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because applicant would he unable to construct the proposed dwelling on his property. 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 majority of the Surround~.~g properties were developed p. rior to ..the ordinance and do not conform to present Zoning requirements. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because due to the preexistence of the majority of the homes in the community, the setbacks are varied; and the proposed location of the desired dwelling would not change the character of the district. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS Signature ~dolph H. Bruer, Attorney for Applicant _, September 19 81 Sworn to this 17th day o, .................................. MARY IF, ANA ~ NOTAJ~Y PUBLI~. ~ate o'f New YaI% 62.4655242, ~ldfolk Count/,.~,.~ Comndulen W4)k# I~k 30, IlL ~,.~ LEGAL NOTICE 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, October 15, 1981 commencing at 7:15 o'clock p.m. as follows: 7:15 p.m. Application of Carl H. King, 350 King Street, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in the frontyard area at 350 King Street, Orient; bounded north by Navy Street; west by Shaw and Nolan; south by King Street; east by Tyrrell; County Tax Map Parcel Item No. 1000-26-1-27. 7:20 p.m. Application of Pequash Recreation Club~ Inc., Box 902, West Road, Cutchogue, NY (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission to construct fence along frontyard area exceeding the maximum height requirements for fences. Location of Property: 205 West Road, Cutchogue; bounded northwest by Morris; southwest by Cutchogue Harbor; northeast by West Road; southeast by Cutchogue- New Suffolk Park District; County Tax Map Parcel Item No. 1000- 110-7-12. 7:30 p.m. Application of Virginia L. Wickham, 105 Old Harbor Road, New Suffolk, NY for a Variance for approval of access, New York Town Law Section 280A. Location of Property: 105 Old Harbor Road, New Suffolk; bounded north by Wickham; east by Cutchogue Harbor; south by Wickham; west by H. Wickham; County Tax Map Parcel Item No. 1000-117-3-1. 7:40 p.m. Application of Toba La3a Orro, 187 Berry Hill Road, Syosset, NY 11791, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to build new house with insufficient front and rear yard area at 435 Cleaves Point Road (a/k/a 1945 East Gillette Drive), Eas~ Marion, NY; Marion Manor Subdivision, Filed Map No. 2038, Lot No. 83; further Legal Notice - Page 2~ Regular Meeting for October 15, 1981 identified as County Tax Map Parcel Item No. 1000-38-4-27. 7:50 p.m. .Application of Toba La~a Orro, 187 Berry Hill Road, Syosset, NY for a Variance to the Flood Damage Prevention Law of the Town of $outhold, Section 46-18 for permission to construct basement floor below the minimum base flood elevation requirements at 435 Cleaves Point Road, East Marion, NY; Marion Manor Subdivision, Filed Map No. 2038, Lot No. 83; further iden- tified as County Tax Map Parcel Item No. 1000-38-4-27. Rehearing. 7:55 p.m. /Application of Robert T. Bayley, 55 West 16th Street, New York, NY 10011 (Robert W. Gillispie III as agent), for a Variance for approval of access, New York Town Law Section 280A. Location of Property: Right-of-Way off the east side of South Harbor Road, Southold, NY; bounded north by Stewart and Freund; west by Paul; .south by the bay; east by Ballenger; County Tax Map Parcel Item No. 1000-87-1-21. 8:10 p.m. Application of Ni~a $. Fischer, Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to existing dwelling with an insufficient sideyard setback at 7130 Indian Neck Lane, Peconic; bounded northwest by Cukor; southwest by Hog Neck Bay; northeast and southeast by Prellwitz. County Tax Map Parcel Item No. 1000-86-7-8. 8:20 p.m. Application of Lenore Adamson, 55 Ships Drive, Southold, NY (by Thomas F. Day, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100~31 for approval of insufficient area for division of premises located at North Bayview Road and Ships Drive, Southold, NY; bounded north by North Bayview Road; west by Ships Drive; south by Mullen; east by Reese. County Tax Map Parcel Item No. 1000-79-3-9 & 10. 8:35 p.m. Application of Joseph L. Lizewski, Main Road, Cutchogue, NY (by William H. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permis- ~sion_ to construct pr~essional~ office building ' an A-Residential .Legal Notice - Page~ 'RegUlar Meeting fo~ctober 15, 1981 Southold Town Board of Appeals and Agricultural Zone with existing dwelling use at 29325 Main Road (a/k/a 320 Depot Lane), Cutchogue; bounded northwest by Fogarty; southwest by Depot Lane; northeast by Dunne; southeast by Main Road. County Tax Map Parcels No. 1000~102-2-12.1 and 11. 8:50 p.m. Application of Dominick and Rose DeMaio, by William J. Jacobs as agent, c/o Box 199B, Depot Lane, Cutchogue, NY ~or a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient front and rear yard areas at Cedar Point Drive West, Southold, NY; bounded north by Cedar Point West; west by Giordano; south by West Lake; east by Soverel; County Tax Map Parcel No. 1000- 90-1-4. 9:00 p.m. Application of Nicholas D. Yuel~;s, 56005 County Road 48, Greenport, NY for a Variance to the' Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building (garage) in the frontyard area at 56005 County Road 48, Greenport, NY; bounded north by L.I. Sound; west by Chudan; south by C.R. 48; east by Atway. County Tax Map Parcel Item No. 1000- 44-1-19. ~ 9:15 p.m. Application of Victor L Box 361,~ Eplattenier, / Peconic, NY (by Rudolph H. Bruer, Esq.)for V.ariances: (1) / for approval of access, New York Town Law ~ect~on 280-a and (2y 7 the Zoning Ordinance, Article. III, Section 100-31 for permil- s~on to build new dwelling with ~nsufficient front and rear ya~ setbacks at Lake View Avenue and Dickinson Street, Peconic, NY;~ - bounded by Dickinson Street; west by Lake View Ave.; .south by Garrido; east by Garrido; further identified as Subdivision _ Lots No. 57 and 58, Peconic Shores Subdivision Filed Map 654. County Tax Map Parcel Item No. 1000-67-3-12. 9:25 p.m. Application of Alan A. Cardinale, Bridge Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100-70 and 100-71, Article VI, Section 100-62, to construct drive-in roof addition and alteration with an insuffi- cient frontyard and further reduction of landscaped area, for Legal Notice - Page 4 Regular Meeting for October 15; Southold Town Board of Appeals 1981 bank use. Location of Property: No~th side of Main Road, Matti- tuck, NY; bounded west by Factory (Railroad) Avenue; south by Main Road; north and east by Bethany Cemetery Association County Tax Map Parcel Item No. 1000-142-1-26. 9:30 p.m. Application of Warren E. Hufe~ Jr. and Ellen Hufe, Wells Avenue, Southold, NY (by Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to utilize B-1 General Business Zoned premises for manufacturing at 45655 C.R. 48 and Youngs Avenue, Southold, NY; bounded north by Harris and Dickerson; west by yoUngs Ave.; south by C.R. 48; east by Edson. County Tax Map Parcel Item No. 1000-55-2-16. 9:35 p.m. Application of Warren E. Hufe~ Jr. and Ellen Hufe (for Future Screw, Inc.), North Road, Southold, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B) for permission to utilize the subject premises for Light Industrial Use. Location of Property: 45655 County Road 48 (a/k/a 3750 Youngs Avenue), Southold, NY; bounded north by Harris and Dickerson; west by Youngs Ave.; south by C.R. 48; east by Edson. County Tax Map Parcel Item No. 1000- 55-2-16. 9:35 p.m. Application of Warren E. Hufe~,Jr. and Ellen Hufe (for Future Screw, Inc.), North Road, Southold, NY for a Special Exception to the Zoning Ordinance, Article XI, Section 100-118D to use existing two-story house for dwelling use in a B-1 General Business Zone. Location of Property: 45655 County Road 48 (a/k/a 3750 Youngs Avenue), Southold, NY; bounded north by Harris and Dickerson; west by Youngs Ave.; south by C.R. 48; east by Edson. County Tax Map Parcel Item No. 1000-55-2-16. 9:50 p.m. Application of Peter and Pat Lenz, Main Road, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35A for permission to construct gate and fence exceeding maximum height limitations at 38350 Main Road, Peconic; bounded northwest by L.I.R.R.; southwest by Otto Keil Florists; Legal Notice - Page 5 Regular Meeting for October 15, 1981 Southold Town'Board of Appeals northeast by Cichanowicz; southeast by S.R. Parcel Item No. 1000-85-2-17. 9:55 p.m. Application of Stanley J. 25. County Tax Map Fliss~ Jr. for Mattituck Air Base, 840 Bray Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permis- sion to construct addition to office building with an insufficient frontyard at 410 Airway Drive, Mattituck; bounded north by Bagshaw, Wickham; west by Peconic Corp.; south by Park Ave.; east by Wickham, Parkin, Tandy, Kujawski. County Tax Map Parcel Item No. 1000-123-1-2. 10:05 p.m. Application of Katherine Ebert for Mattituck Holding Corp., Mattituck, NY (by Norman A. Reilly as agent), for a Variance for approval of access, New York Town Law Section 280A. Location of Property: Right-of-Way off West Mill Road, Mattituck, NY; bounded north by Mill Road and Killian; west by Leogrande and Cox Neck Road; south by Chudiak, McGunnigle, Zeigler, DeMaula. and North Drive; east by Mattituck Creek; and near Boscola. County Tax Map Parcel Item No. 1000-106-6-part of 13.3. 10:25 p.m. Recessed hearing of Matthew McKiernan. Dated: October 2, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish once, to wit, Thursday, October 8, 1981 and forward affidavits of publication to L. Kowalski, Secretary, Board of Appeals, Town Hall, Main'Road, Southold, NY 11971. on 10/6/81, Legal Notices mailed to each applicant or his agent listed as follows: Mr. Carl H. King (c/o Judy) Richard F. Lark, Esq. as attorney for Pequash Recreation Club Pequash Recreation Club Virginia L. Wickham Toba Laja Orro Robert T. Bayley and Robert W. Gillispie III, North Fork Agency Nina S. Fischer Lenore Adamson and' Thomas F. Daly, Esq. Joseph L. Lizewski William H. Price, Jr. as attorney for Lizewski Dominick and Rose DeMaio and William J. Jacobs as agent Nicholas D. Yuelys Rudolph H. Bruer, Esq. as attorney for L'Eplattenier Victor L'Eplattenier Alan A. Cardinale Rudolph H. Bruer, Esq. as attorney for Future Screw, Inc. (Hufe) Mr. and Mrs. Warren E. Hufe, Jr. Mr. and Mrs. Peter Lenz Mr. Stanley J. Fliss, Jr. for Mattituck Air Base Katherine Ebert for Mattituck HOlding Corp. Mr. Norman A. Reilly as agent for Mattituck Holding Corp. Mr. Matthew McKiernan Copies of the Legal Notice were forwarded to Suffolk Times and L.I. Traveler on 10/5/81. Southoid Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, .IR. SERGE DOYEN, JR. ROBERT .I. DOUGLASS JOSEPH H. SAWlCKI December 17, 1982 MEMORANDUM FOR THE FILE: Re: L'Epplatenier Appeal No. 2897 Request of Ron Rothman 765'3770: 12/15/82 the Chairman reinspected the subject right-of-way, (photos in file), and it is his opinion that the right-of-way has not been suitably improved and that the original condi- tions as adopted 10/15/81 should be complied with. The right-of-way shall be improved to the driveway upon the parcel being built upon, or to the parcel in question in Appeal No. 2897. lk 12/17/82 (confirmed the above with Ron Rothman) APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGE~ JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- BTATE: ROAD ~-5 SOUTHC]LD, L.I., N.Y. TELEPHONE (516) 765-1809 November 27, 1981 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 2897 - Victor L'Eplattenier Dear Mr. Bruer: Concerning your recent letter dated November 24, 1981, please be advised that the Board of Appeals, at a regular meeting held Tuesday, November 24, 1981, is of the opinion that Condition No. 1 of this Board's recent decision filed November 10, 1981 would be satisfied if the covenant in the subject deed, recorded at Liber 9028, page 432, does not refer specifically for all "Lake View Avenues," particularly the Lake View Avenue over which access was approved by the Board, described on Page 2, paragraph 2, of the Board's written decision. At the time of deciding your application, the Board had the assumption that the "paper roads" in the subject covenant could have been referring to the subject access road. You have assured that the "paper roads" stipulated in the deeded covenant is not the same "Lake View Avenue" which this Board and the neighbors agreed for access, and therefore it appears that Condition No. 1 is in compliance. Yours very truly, GERARD P. GOEHRINGER, JR. GG:lk ACTING CHAIRMAN (PRO TEM) November 24, 1981 Mr. Charles Grigonis Zoning Board of Appeals Town of Southold Main Road Southold, New York 11971 Re: Application of Victor L'Eplattenier Dear Mr. Grigonis: In connection with Appeal No. 2897 of Victor L'Eplattenier, please be advised that in Paragraph numbered one of your decision regarding the legal right of applicant to improve the access road, in my opinion the applicant has this right by being a lot owner on the filed map. The paper road in question is not the one abutting property owned by Kathleen Chamberlain. That is the road that the applicant agreed not to improve. Lakeview Avenue from the northwesterly corner of the premises and north- westerly and northerly is what the applicant had in mind. A review of your minutes of the hearing will reveal that Miss Chamberlain, as well as other members of the public who were abutting land owners, had no objection to the application as it was done, as I hopefully have fully outlined. RHB: dbc Please remove this condition from your decision. APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N,Y. 11cj71 TELEPHONE (516) 765-1809 November 10,1981 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 2897 - Victor L'Epplatenier Dear Sir: Attached herewith is a copy of the formal findings and determination of the Board of Appeals recently rendered con- cerning your appeal application. In the event your variance request was allowed, please be sure to return to the Building Department for approval of your Building Permit application or Certificate of Occupancy (as may be applicable) prior to any developments. If you have any questions, please do not hesitate to call either our office or that of the Building Inspector at 765-1802. Yours very truly, CHARLES GRIGONIS~ CHAIRMAN JR. lk By: Secretary Enclosure Today' s Date: 'Members Absent, if any: _ Appeal No. p ~ ~ '~ T~e of Varianfe or Appeal: ~aar~es ~erfle ~ooert Gr~goms ~o~n Dougmss ~oeamnger ~aw~c~i Resol'ution made by: Seconded by: ~ ( ) ( ) ( ) (. Action: ( ) Approve as applied for (/) ApRrove fi/h the following,condi%i, ons: ( ] ~eny , - ( } %githdrawn without / ( ) Subject to ~ountg Plannin~ referral Prejudice ( ) -- . , ~ ~, ).Subject to D.E.C. re~lations ( )' Findings of the Board are as follows: I I ( ) Not %~ithin the Character of the Neighborhood Other: ( ) Granting the R&lief Requested is within ( ) Variance is Substantial in Relation to Code ( ) Not .in ba_.rD, gny .with purposes of the Code ( ) Hardship not sufiicient ~.(, ) Circumstances are. Not Unique ' ( ) Will set a precedent in the neighborhood ( ) Area is already very con,eared ( ) Interests of justice served by denying ( ) spirit of the zoning code Relief is not Substantial Burden of.hardship or difficulty shown Circumstances are unique Variance will not change character of the neighborhood Interests of Justice served by 9rantinc_ O'the= for Special: Exceptions Vote of the Board: Ayes: (~ CG (~SD (-~ RD (/~GG (~fJs Nay: ( ) ( ) ( ) ( ) ( ) Abstain: ( ) ( ) ( ) ( ) ( ) Absent: ( ) . ( ) ( ) ( ) ( ) Notes:_ Board of Appeais ?ow of Peconic, New York 11958 October lB, 1981 Dear Southold Towm Zoning Board of Appeals: My family ~nd I have heard that Mr. Victor L'Eplattenier has applied for a variance that could mean opening up the paper road Dick~on Street. We are very disturbed about this. For several reasons, we are opposed to allow- ing access to his property via either of the paper roads, Dickinson Street or Lakeview Avenue, where they cross or abut our property. It would bring about a detrimental change to the character of the area, which has beautiful old .trees, s~ne of which have been there for many, ma~yyears, and a lovely lawn. This area attracts many birds and other forms of wildlife, and we are worried that it would be greatly harmed by the build- ing of a road. Since only one access is required for a property (as someone in the Town office informed us), we are puzzled at their request for access from the Dickinson Street direction, because access to the property where they hope to build is readily available across the back of their son's property (lots 52-56). Their son has already cleared an actual road that leads up to -- or almost up to -- his parents' property (lots 57-58). Finally we are most astonished because when Mr. L'Eplattenier sold me the house and land I bought from him in June, 1981 (lots 73-775, he signed the following, which is filed with his deed ~nd is a part of the contract of sale and part of my deed: Party of the first part further warrants, represents and covenants for himself, his successors, representatives and assigns that he shall nOt improve such "paper roads" or cause or allow same to be improved and shall not do or suffer em4vthing to be done which would permit land lying in the bed of such '~aper roads" to be used or improved for vehicular or pedestrian traffic. This para- graph shall survive the closing of title, shall run with the land and shall be binding upon the party of the first part, his suc- cessors, representatives and assigns. The "party of the first part" is Victor L'Eplattenier and the "paper roads" referred to are "Lakeview Avenue" and "Dickinson Street". A copy of the full paragraph, signed by Mr. L'Eplattenier, is attached. My deed is Liber 9028, dated June 26, 1981. The paragraph is on page 432. I or someone from my family will be present at the hearing that we have learned is scheduled for Thursday night. Unlike our neighbors who are also abutting property o~ners, we received no official notice of the meeting from Mr. Bruer, the L'Eplattenier's attorney. Sincerely, Kathleen Chamberlain Southold Town Board of Appeals Main Road Southold, New York October 12, 1981 Board of Appeals' ' Town of Southold Gentlemenc It has come to my attention that an application for two variances has been submitted by Victor L'Eplattenier effecting property known as Lots No. 57 and 58, Peconic Shores at Lakeview Avenue and Dickinson Street. The purpose of this letter is to discuss only the request for an access variance. The access routes available to the subject property are two paper roads, namely Dickinson Street and Lakeview Avenue. While part of Lakeview Avenue (that part which is also known as Salt Marsh Road - wraps around two sides of Lot 52) is already cleared of trees andcapable of accommo- dating vehicular traffic, that part of Lakeview which exits at Huntington Blvd. is the extension of private landscaped property and, in addition, runs parallel to Autumn Lake and in close proximity to the salt-marsh surrounding the lake. Dickinson Street is an unimproved wooded area bearing,o resemblance to a road. Access to the subject property via Dickinson Street would require the removal of all existing trees and plant life thereby impacting negatively on th? existing environment and altering the surrounding area in a fashion unacceptable to those who enjoy it in its present state. FurthermOre, such an"improveme~t"of Dickinson Street would virtually eliminate the trees and landscaping which abuts the Garrido property, landscaping which has existing in this form for several decades; the trees, of course, much longer. Access via Lakeview Avenue, from Huntington Blvd. would not only alter the existing environment, impact most negatively on the property owners immediately adjacent to this route, of which I am one~ but the potential effects of such an alteration on the continued viability of Autumn Lake could be disastrous. - 2 If, in the wisdom of the Board, relief should be granted to this applicant, I urge you to consider only Lakeview Road at the Salt Marsh Road intersection as an acceptable appropriate access route. Sincerely, Joan Leavitt Barbara L. E~z~erth Owners - Lots 83~ 84 & 85 Huntington Boulevard Gregory K. Johnson 9169 Sanbury Road Indianapolis, Indiana 46256 September 23, 1981 Board of Appeals Town of Southold Southold, New York 11971 Re: Victor L'Eplattenier Petition for Variance for Existing Residential Zoning It has come to my attention that VictOr L'Ep!attenier is petitioning the town of Southold for obtaining a variance to existing zoning of residential in two areas: 1) Variance to allow the building of a dwelling on property with in- sufficient front and rear yard; 2) Variance to open Dickerson Street due to lack of access. I would like to go on record that I am opposed to both of these variance requests. It is my opinion that the granting of these req~/ests would severely alter the charac- ter of this residential c~muunity. These variances would allow the destruction of much of the natural surroundings, and possible loss of natural wildlife.of the ad- jacent pond. It would also greatly increase the traffic on Dickerson Street since it is currently a dead end street. I would appreciate being informed of all future developments at my Indianapolis address. ~ °~sOn~Sincer'ely' ~~ Dickerson Street Peconic, Long Island, New York ~K/hmD ( ) ( ) ( ) .~enda Item for /0//~' /F/ Z~;. ~'~a~rman/Membe~s copies ~/~ ~".' f ! iin~ Dept. i f.:'~ni~:~ roard /.?'Ii,ant e:r k~s A~ent C ~"~ ~0 O~izinal for ZBA filo Co~ats o~ ReDly Roqusst~ COHSULTLI~[~9028 PSGE 4:~0~YOUR LAWYER BEFO~ SIGHIHG .... THIS INSTRUM!NT · THIS IHSTRUME! . ~OULD I! USED BY LAWYERSOI:IL'~3~3{. THIS INDENTURF~ made the 26th day of June , nineteen hundred and eighty-one ~CTOR L'EPLATTENIER, residing at 445 Huntington Boulevard, Peconic, New York 11958 ,;' T BLOCK _-] F)2 FU' party of the first part, and Y~_~:EN CH~BE~TN, residing at 275 Fort New york, .New York 10032 F R£CUV D [,,_AL ESTATE i' 3353 JUL 6 1981 l ~.i~FER ~AX party of the second ~, SUFFOLK WI~S~, ~at the pa~ of the first pa~, ~ conslde~ti~ of COUNt_ ~. { Ten ($10.00) ................................................ dollars, paid .lawful money of the United States, the party of the second part, does hereby gTant and release unto the party of the second part, the heirs or DISTRICT: 1000 SECTION: 067.00 BLOCK: 93,00 007,000 PARCEL ISTRICT: '~00 SECTION: 067.00 BLOCK: 03.00 successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improveme~ thereo~ erected, situate, lyingand~i~iR~ at Peconic, in the Town of Southold, County of Suffolk State of New York, known and designated as Lots 73, 74 and 75 on a certain map entitled, "Map No. 2 Peconic Shores", filed in the Offic~ of the clerk of the County of Suffolk on September 15, 1930 as Map Nc 654, which said lots when :aken together are more particularl~ bound( and described as follows: : , BEGINNING at the corner formed by the intersection of the northeast- erly side of Dickinson Street with the southeasterly side of Lake Vi,- Avenue; running thence North 54 degrees 30 minutes 00 seconds East along ti southeasterly side of Lake View Avenue, 171.80 feet to the southwest- erly ~side of Huntington Boulevard; thence South..35 degrees 30 minutes 00 seconds East along the south- westerly side of Huntington Boulevard, 135.00 feet to the division ].~ between Lots 73 and 72 on the above mentioned map; thence South 54 degrees 30 minutes 00 seconds West along said last mentioned division line, 124.40 feet to the northeasterly side of Dickinson Street; thence North 54 degrees 50 minutes 50 seconds West along the north- easterly side of Dickinson Street, 143.07 feet to the corner aforesa3 at the point or place of BEGINNING. ALL those certain lots, pieces or parcels of land, situate, lying ant being at Peconics in the Town of Southold, County of Suffolk and Stat of New York, known and designated as Lots 76 and 77 on. a, certain map entitled, "Map No. 2 Peconic Shores", filed inthe Off~ce of the Clef) of the County of Suffolk on September 15, 1930 as Map No. 654, which said lots when taken together are,~ore.particularly bounded and described as follows: BEGINNING at the corner formed by the intersection of thenortheaster: side of Dickinson Street .with the northwesterly sid,e of Lake View Avenue; running thence North 54 degrees 50 minutes 50 seconds West along t! northeasterly .side of Dickinson Street, 23 feet,-more or less,. ~o th~ shore line of Autumn Lake; -continued- i~ARCEL II ~ISTRICT= 1000 SECTI~q~ 067,00 BLOCK: 03,00 LOT~ ~ Description - P iel II continued: thence in a general northerly, easterly and southeasterly direction 'along the shore line of Autumn Lake 155 feet, more or less, to the :.division line between Lots 76 and 77 on the above mentioned map; thence in a general easterly direction still along the shore line of Autumn Lake, 143 feet, more or less, to the 9ortheasterly ~ide of Lot 77 on "the above mentioned map; thence South 35 degrees 30 minutes 00 seconds East along the north- easterly side of said Lot 77, 10 feet, more or less, to th% corner formed by the intersection of the northwesterly side of Lake View Avenue with the westerly side of Huntington Boulevard; thence South 54 degrees 30 minutes O0 seconds West along the north- westerly side of Lake View Avenue, 178.80 feet to the corner aforesai at the point or place of BEGINNING. ALL that certain ~lot, piece or parcel of land, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of ~ew York, bounded and described as follows: BEGINNING at a point on the easterly or southeasterly side of Autumn Lake, adjacent to Huntington Street (Ayenue) and extending thereon fr the approximate southerly line of Lot Seventy-eight (78) to the northerly line of Lot Eighty-two (82) which said lots are on the sour easterly side of Huntington Street and directly opposite the strip of land hereby conveyed; said property being shown as an un-numbered piece of land on that certain Map Number Two (2) of Peconic Shores, hereinbefore referred to in the preceding paragraph; The said strip land being approximately Two Hundred Feet (200') in length and approximately thirty feet (30') in width at the widest point and tap. lng off at each end and bounded on the. South and East by Huntington Street and on the North and West by Autumn ~ake; the same being loca% in the southeasterly corner of Autumn Lake aforesaid. BEING ~1~ IN"Z~NDED TO BE the same premises conveyed to the grantor herein by deed dated May 18, 1950, recorded May 23, 1950 in Liber 3079 cp 423 (as to Parcel I) and deed dated February 17, 1969, recorded February 21, 1969 in Liber 6508 cp 597(as to, Parcels II and ARTHUR J. Fr..LiCE JUL 6 1981 '~ with nil right, title and interest, if any, of the party of the first part in and to any streets and ~ al~ ~ above described premises to the center lines thereof, ~ with the appumenances and all the estate and rights of the party of the first ~ in and to TO ]~kVl~ ~ TO HOlD the premises herein ~ranted unto the party of the second part, the heirs or successors and assi~,ns of the party of the second part forever. The party of the first part, as an adjoining landowner, hereby con- sents to the commencement by the party of the second part, of such litigation and/or administrative proceedings as may be necessary or appropriate to remove of record, all references to two undeveloped "paper roqds" known as "lakeview Avenue" and "Dickinson Street" which, in part, abut or intersect the premises (as shgwn on Map Number Two, Map of Peconic Shores"filed in the Suffolk County Clerk's Office as Map Nee 654)and to vest title to the land lying in the bed of such paper roads and in the bed of Autumn Lake (as shown on the same "Map of Peconic Shores") in the abutting landowners. Party of the first part agrees to join in such actions and proceedings, without cost to party of the first part, and to make all reasonable efforst to ensure the success thereof. Party of the first part further warrants, represents and covenants for himself, his successors, representatives and assigns that he shall not improve such "paper roads" or cause or allow same to be improved and shall not do or suffer anything to be done which wou.ld permit land lying in the bed of such "paper roads" to be used or improved for vehicular or pedestrian traffic. This Paragraph shall survive the closing of title, shall run with the land and shall be binding upon the party of the first part, his successors, representatives and assigns. : AND the party of the first part covenants that the party of the first part has not done or suffered anythi,ng whereby the said premises have been incumbered in any way whateverj except as aforesaid. ~ the party of the first part, in Compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNE.q~ WHEI~EOF, the party of the first part has duly executed this deed the day and year first above wri~en. 0 IN PRF~ENCE ? ? Victor L'~lattenier LS Cc 'Z6 525 COUNTY OF SUFFOL~I~ STATE OF NEW YORK ss: Potricia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCH~N, o public newspaper printed et Southold, ir~ Suffolk County; and that the noti~e'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/"~F~q.i~...-.~ .......................... , 19...~-.~.. /,~ S~_~n to_..~before me this ................................ day of ............ ................. Notary Public ~/ EDITH A. GUY NOTAry PUBLIC, State of New' Yeti( CommJss;on Expires March 30° · ~ ~t~o~.~,v~.~ . · t~:~'~ - ~ ~ a Variance to the Zoning ' .,~'~.-~ ~ ~ ~ · ~, A~i~e ~, Se~inn EN, pursuit to Se~inn 267 of , 1~ f~ ~lss~on m ~n- the To~ ~w ~d the ~- struct professional office sions of the Amended Code of the Town of Southold, a regular meeting and the fol- lowing Public Hearings will be held by the Southold Town. Board of Appeals at the Southold Tow Hall, Main Road, Southold, N.Y. on Thursday, October 15, 1981 commencing at 7:15 o'clock P.M. as follows: 7:15 p.m. Application of' Carl H. King, 350 King Street, Orient, N.Y. for a Variance to the Zoning Ordinance, Aticin III, Section 100-32 for petrols- sion to Construct. acCeSsory building in theYro~ntyard area i at 350 King 5~ree~;~Ortenf;' bounded north by Navy 5treet; west ~by Shaw and Nolan; south by King Street; east by .Tyrrell; County Tax Parcel Item No. 1000-26-1-27. 7:20 p.m. Application of Pequash Recreation Club, Inc., Box 902, West Road, Cutchogue, N.Y. (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article ill, Section 100-35 for permis- sion to construct fence along frontyard area exceeding the maximum height require- ments for fences. Location of Property: 205 West Road, Cutchogue; bounded north- west by Morris; southwest by Cutchogue Harbor; northeast by West Road; southest bT Cutchogue-New Suffolk Park District; County Tax Map Parcel Item No. 1000-110-7-12. 7:30 p.m. Application of Virginia L. Wickham, 105 Old Harbor Road, New Suffolk, N.Y. for a Variance for ap-- proval of access, New York Town Law Section 280A. Loca- tion of Property: 105 Old Harbor Road, New Suffolk; bounded north by Wickham; east by Cutchogue Harbor, south by Wickham; west by H. Wickham; County Tax Map Parcel Item No. 1000-117-3-1. 7:40 p.m. Application of Tuba Laja Orr°, 187 Berry Hill Road, Syosset, N.Y. 11791, for a Variance to the Zoning Ordinance, Article BI, Section 100-31 for p~tmlssion to build new house with insuffident front and rear yard area at 435 Cleaves Point Road (a/k/a 1945 East Gillette Drive), East Marion, N.Y.; Marion Manor Subdivision, Filed Map No.. 2038, Lot; No. 83i further identified as County Tax Map Parcel Item No. 1000-38-4-2~. 7:50 p.m~ Application of Tuba Laja afro, 187 Berry Hill i Road~ Syosset; N.Y., for a Variance ia the Flood Damage Prevention Law of the town of Southold, Section 46-18 for permission to construct base- ment floor below the minimum base flood elevation require- 'ments n~ 435 Cleaves Point Road, East Marion, N.Y.; Marion Manor Subdivision, F'flad Map No. 2038, Lot No. 83; further identified as Coun- ty Tax Map Parcel Item No. building in an A-Residential and Agricultural Zone with existing dwelling use at 29325 Main Road (a/L/a 320 Depot Lane), Cutchogue; bounded northwest by Fogarty; south- west by Depot Lane; northeast by Dunne; southeast by Main Road. County Tax Map Parcels Nc. 1000-102-2-12A and 11. 8:50 p.m~ Application of Dominick and Rose DeMaio, by William J. Jacobs as agent, c/o Box 199B, Depot Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, ,Article 11I, Section 100-31 for permission tO construct new dwelling with insufficient front and rear yard areas at Cedar Point Drive West, Southold, N.Y.; bounded north by Cedar Point West; west b-y Glordano; south by West Lake; east by Soveret; County T~x Map Parcel No. 1000-90-1-4. 9:00 p.m. Application of Nicholas D. Yuelys, 56005 County Road 48, Greenpert, N.Y. for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building (garage) in the fvontyard area at 56005 County Road 48, Greenport, N.Y.; bounded north by L.I. Sound; west by Chudan; south by C.R. 48; east by Atway. County Tax Map Parcel Item No. 1000-44- 1-19. 9:15 plm. Application of Victor L'Elplattenier, Box 361, Pecenic~ N.Y. (by Rudolph H. ,Bruer~ Esq.) for Variances: (1} fo~ approval of access, New York Town Law Section 280-a . and {21 to the Zonin_~ Ordin- ance. Article Ill. Section 100- 31 for ~e~rnisslon to build new · dwelling with insufficient front and rear yard setbacks at Lake Street. Peconic~ N.Y.; bound- ed by Dickinson Street; west by Lake View Avenue; south by Garrido; east by Garrido; further identified as Subdivi- ..~al_~ts No. 57 and b~, Peconlc Shores Subdivision Filed Man 654. County Tax Map Parcel Item No. 1000-67- 3-12. 9:25 p.m. Application of Alan A. Cardinale, Bridge Lane, Cutchogue, N.Y. for a Vaclance to the Zoning Or- dinance, Article VII, Sections 100-70 and 100-71, Article VI, Section 100-62; to construct drive-in roof addition and alteration with an insufficient frontyard and further reduc- ton of landscaped area, for bank use. location of Proper- ty: North side of Main Road, Mattituck, N.Y.; bounded west by Factory (Railroad) Avenue;) south by Main Road; north and east by Bethany Cemetery Association. County Tax Map Parcel Item No. 1000-142-1-26. : 9:30 p.m. Application of Warren E. Hufe, Jr. and Ellen Hufe, Wells Avenue, South- + 1000-38-4-27 old, N.Y. (by Rudolph H. - ~ ~ ' ,, , __-_ . : Bruer, Esq.) for a Variance to · g theZoning Ordinance, Arti e P , Y Y, ] 55 West 16th Street New Vll, Sechon 100-70 for permis- Road Peconic N.Y. tor Variance to the~'T~lning Orclin' ance Article I~. c~inn 100- 35A fur pormiss~on to con- struct gate and fence exceed- ing maximum height limita- tions at 38350 Main Road, Peconic; bounded northwest by L.I.R.R.; southwest by Otto Keli Florists; northeast by Cichanowicz; southeast by S.R. 25. County Tax Map Parcel Item No. 1000-85-2-17. 9:55 p.m. Application of Stanley J. Fliss, ,Ir., for Ma~ituck Air Base, 840 Bray Avenue, Martituck, N.Y. for a Variance to the Zoning Ordin- ance, Article Vll], Section 100-80 for permission to con- struct addition to office build- ing, with an insufficient front' yard at 410 Airway Drive, Mattituck; bounded north by Bagshaw, Wickham; west by Pecenic Corp.; south by Park Avenue; east by Wickham, Parkin, Tandy, Kujawski. County Tax Map Parcel Rem No. 1000-123-1-2. 10:05 p.m. Application of Katherine Ebert for Mattituck Holding Corp., Martit uck, N.Y. (by Norman A. Reilly as agent), for a Variance for approval of access, New York Town Law Section 280A. Loca- tion of Property: Right-of- Way off West Mill Road, Martit uck, N.Y.; bounded north by Mill Road and Killian; west by Leogrande and~Cox Neck Road; south by Chudiak, McGunnigle, Zeigler DeManla and North Drive; east by Mattituck Creek; and near Boscein. County Tax Map Parcel Item No. 1000-106-6- part of 13.3. 10:25 p.m. Recessed hear- , ) :pal'e( ~ lo 8u COUNTY OF SUFFOLF,, ] STATE OF NEW YORK, ~ ss: Troy Gustavson ...................................... being duly Sworn, says that ... he., is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ut Greenport, in said county~ and that the notice, of which the annexed is u printed copy, has been published in the said Suffolk Weekly Times once in each week, far . . 9~e. ..................... weeks successively commencing on the 8th day of Oct.ober . ~:--~9~.8.~. Sworn to before .~. 8~hl aay of .O. cto. be~. ......... 19.81. J ................. HELEN K DE VO£ NOTARY PUBLIC, State ol New York No 4lOIS18, Suflolk Count~L Term Expires IWarch 30, 3-9 & 10. 8:35 p.m. Application of Jo°.s?h.., L. Lhewski, Main · ,Oau, t. utchogue, NY (by Wil- liam H. Price, Jr., Esq.) for a Variance to the Zoning Ordi?- eance, Article III, Section 100- 30 for permjesiea to construct professional offiea building in an A-Residenttal and Agricu{. rural Zone with existing dwel- !i.n,g, ?e at 29325 Main Rood ~.3~ Depot Lane), Cut- _ a , ounded northwest by rogarty; southwest by Depot Lane; northeast by Dunne; ~°ot~t~a~ by Main Road. ~y x'ax Map Parcels No. 1000~102-2-12.1 and 11. 8:50 p.m. Application of Dominick and Rose DeMaio, by William j. Jacobs as agent, · c/o Box 199B, Depot Lane, Cutchogue, NY for a Variance to me Zomng Ordinance, Art- icle III Section 100-31 permission to construct new dwelling wi th insufficient front and rear yard areas at Cedar Point Drive West, Southoid NY; bounded north by Cedar Point West; west by Giorda- no; south by West Lake; east by Soverel; County Tax Map Parcel No. 1000-90-I.4. N.9:00 P.m. Applieatiea of ~eholas D. Yuetys, 56005 County Rood 48, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section I00-32 for permission to construct accessory build- ing (garage/ in the frontyard area at 56005 County Road 48, Gruenport, NY; boundednorth by L.I. Sound; west by Chu-,~ dan; south by C.R. 48; east by Atway. County Tax Map Par- eel Item No. 1000-44.1-19. ~iled M~p 654. County Tax 9:25 p.m. Application of Alan A. Cardinale, Bridge Lane, Cutchogue, NY for a Variance to the Zoning Ordi- aance, Article VII, Sections 100-70 and 100-71, Article VI, Section 100-62, to construct ty: 45655 County Road 48 (a/k/a 3750 ¥OUUgS Avenue), Soothoid, NY; bounded north by Harris and Dickecson; west by Youngs Ave.; south by C.R. ~4~8_; ~oo~st by .Edson. County Tax ~.~,~p rarcel Item No 1000-55- ~ 9:50 P.m. Application of drive.in roof addition and al- ~a~, l~ed~ .Pal Lenz, Main/ teration with an insufficient . omc, NY for a Var-' frontyard and further redue. tion of landscaped area, for ~xa,.n,~.e,t°,!h. e Z°n!ng Ordinance, bank use. Location of Proper. ~rt~.u, Sect]on I00-35A for ~ mm~lon to coestruct gate ty: North side of Main Rood and fence exceeding max- Mattituck, NY; bounded west - . by Factory (Railrood) Ave..~/ ~orn~ _he!ght limitations at hue; south by Main Rood; ~oo.m ffxam Road, Peconic; north and east by Bethany oounaed northwest by Cemetery Association. County L.I.R.R.; southwest by Otto Keit FIor sts; northeast by. Tax Map Parcel Item No. Cichan°wicz; southeast by 1000-142-1-26. . S.R. 25. County Tax Map 9:30 p.m. Application of Warren E. Hufe Jr. and Ellen Pa~,~.c.el Item No. 1000-85-2-17 u:ao P.m. Application of Hufe, Wel s Avenue, Southold, Stanley j. Fliss, Jr. for Matti- NY (by Rudolph H. Bruer, tack Air Base, 840 Bray Ave. Esq.) for a Variance to the hue, Mattituck, NY for a Zoning Ordinance, Article VII Variance to the Zoning Ordi. Section 100-70 for perm ssion nsncel Article VIII, Section to utilize B-1 General Business Zoned premises for manufac- turing at 45655 C.R. 48 and Youngs Avenue Soothold, NY hounded north by Harris and Dickerson; west by Youngs Ave.; south by C.R. 48; east by E~on. County Tax Map Parcel Item No. 1000-55-' 2-16. 9:35 p,m. Application of Warren E. Hufe, Jr. and Ellen ~N~rth ~{ood, Southold, NY for opecml Exception to the Zon- ~ng.~)rdinance, Article VIII, ecnon 100-00(B) for permis- sion to utilize the subject premises for Light Industrial Use. Location of Property:., 45655 County Road 48 (a/k/a , 3750 Youngs Avenue), South- old, NY bounded north by Harts and Diekerson; west by Youngs Ave.; south by C.R. . 48; east by Edson. County Tax Map Parcel Item No. 1000-55- 2-16. W9:35 p.m. Application o~/ arren E. Hufe, Jr. and Ellen {lure (for Future Screw, Inc.), .N~orth ~{ood, SoothoId, NY for a apecla{ Exception to the Zon- ing Ordinance, Article XI, Section 100-118D to, use exist- ing two-story house for dwel- ling use in aB-1 General Busi- ~ ness Zone. Location of Proper- 1.0080 for .permission to con-/ StrUct addition to office build- mg with an insufficient front- yard at 410 Airway Drive, Mattituck; bounded north by Bagshaw, Wickham; west by Peconic Corp.; south by Park Ave. east by Wickham, Park. in, Tandy, Kujawski County ,T~x~ .~ap Parcel Iiem N& 10:05 P.m. Application of Katherine Ebert for Mattituck Holding Corp., Mattltuck, NY (by Norman A. Reilly as agent), for ~ Variance for approval of access. New York Town Law Section 280A. Loca- tion of Property: Right-of. Way ~fI West Mill Road, Mat- Leogrande and Cox Neck Rood; south by Chudiak, Mc- Gunnigle, Zeigler, DeMaula and North Drive; east by ' Mattituck Creek; and near Bescola. County Tax Mal~ Par- cel Item No. 1000-106-6-part of 13.3. 10:25 p.m. Recessed hearing of Matthew MeKiernan. Dated: 0ctober 2, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T08-3787 said Jmes eek$ Southold Town Board of Appeals . APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. T C.~, R ',' TUT:::LL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki NOTICE OF DECLARATION PURSUANT TO ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2897 Application of: Victor..L'Eplattenier Location of Property in Question: Dickinson Street and Lake View AVenue, Peconic. County Tax Map Item No. 1000- 67-3-12 Project Proposed by Appeal Application: New dwelling with insuffi- cient front and rear yards, and request for approval of access. ENVIRONMENTAL 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. This declaration should not be considered a determination made for any other agency which may also be involved nor for any other project not covered by the subject appeal application. Dated: Oct. 2, 1981. By Order of the Southold Town Board of Appeals Copies to: Applicant/Agent Town Clerk Bulletin Board Appeal File JUDITH T. TERRY TOWN CLERK REGISTRAR Ot VITAL STATISTICS OmcE O~ ~o~ C~ Tow~ O~ SUFFOLK cOUNTY Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 September 18, 1981 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2897 application of Victor L.Eplattenier for a variance, Also included is notification to adjoining property owners; Short Environmental Assessment Form; Notice of Disapproval from the Building Department, and survey of the property. Judith T. Terry Town Clerk JTT/bn FORM NO. 3 TOWN OFSOUTHOLD BUILDING DEPARTMENT TOWN CLERK'SOFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL FileNo ................................ Date ........... A.:~.:~ ~., 19.~'. To . .]7.....L:..p..t,..~..-/~.1..k~./,,! !.E.: .... .L./! .C.-T-O ...... ~..q~....-?.¢/ ........ -M.P.'.<q~!::. ~ v //_~ PLEASE TAKE NOTICE that your application dated ............... .~..b.' .:..~..g, 19 .~./. . for permit to construct .... .~. .... ~ ¢,,/..~.L..t-./. 5.t .d: .,q-. ................................ at Location of Property ............ .~. !~..~./..r/~'q .N..~..T...~../:~..g.-F....V/.~. {I,~..P,..~.q ...... .~.~.-~.o../'/,~ House No. Street Hamlet County Tax Map No. 1000 Section ...... ~..7 .... Block ...... '.~. ...... Lo, ... (.?~... ..... Subdivision...~.~. ~ (....ff/~.. ileal Map No ...... .~..~.~. ..... Lot No .... :5..7.?..~...~. k~ is returned herewith and disapproved on the following grounds .,[..~.~.>.. .... o. s. f . . .b. .t c. . ff ! .,,! ?.q,. . . .qT y: ~:: ~. y. . . .... ~ .~. ~ . . .~ ~ .~ ,~ r.-., c.~.~, y. . . . L ~.o.,,~ ?. .yhy. b....q~...L.~.~.~...V./.~.~.'..~..~.~.... ~'~ ~- ~...:.~::. :¢...n~.... ~..:: :..~....~ .s..o..: ...................................... RV 1/80 ·..../. 2.~,?,~,~,../'..~/:.. ?~ ........... 7... Building Inspector kd~,,dl.i~ I AL ^SSL~5 4FIt 1-01(14 '~NST~CTIONS.: -- -~(~) In order to answer the questions in this short EAF it is assumed that the preparer will use. currently available information concerning the project and the likely impacts of the action. It is not expected that odditiono! studies, research or other investigations ~ill be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (dj Environmental Assessment ~. Will project result in o large physical change to the project site or physically alter more than l0 acres of land? ....... Yes X No 2. Will there be o major ~h~jg ~g ~ ;~i~ ~r ' ' -unusual ~ond form found on the site? ..... Yes x No 3. Will project alter or hove a large'effect ~'" existing body of water? " Yes X No 4. Will project have a potentially large impact on grounclwater quality? ...................... Yes ~ No 5. Will project significantly effect drainage - flo~./ on adjacent sites? ..................... Yes x No 6. Wil! project affect any threatened or endangered plant or animal species? ...... Yes X No 7. Will project result in o major adverse on air quality? ......... ~ .... ...... ~ ........ Yes X 8. Will project hove o major effect on'visual "' character of the community or scenic views vistas known to:be important to the community?. Yes X 9. Wil! project adversely impact any site or .- structure of historlc~ prehistoric or po]eontologico! importance or any site designated os o critical environmental oreo by o local agency? ........ ... . ~:..-v,. ~. ....... .......r Yes X No la. Will project hove o major effect on existing or future recreotionb! opportunities? ......... Yes X 11. Will project result' in.major traffic problems o~ coose o major effect to existing transportation systems? ....................... Yes x 12. Will project .regularly cause objectionable odor$~ noise~ glare, vibrotion~ or electrical disturbance os o result of the project's operation? .... Yes x Is. Will project"h ; or.safety? .... Yes X No directly causing o growth in permanent population of more than 5 percent over o one year period or have o major negative effect on the character of the community or neighborhood? .................. Yes x No 15. Is there public controver~ ~g~[~ [~ ' , ..................... ..... u//l- - Iff' t · - REPRESEIITING. v2¢to~ L'Ep~a~tenie~. , . DA~E 81 September 1 7, 1981 (Today's Date) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Lecation of Property: Victor L'E~lattenier Lake View Ave. & Dickinson St. Peconic, New York Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regul~tions, 6 NYCRR, Part 661, and Article 25 of the New York St,~te Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least ].00 feet in'length.* May be located within 300 feet of ti~al wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in l~ngth. May b~ located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this prol~erty 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. inventoried Is not located within 300 feet of/tidal wetlands to 'th~ b~st of my knowledge.* (Kindly [Starred items (*) indicate your property does appear to fall within the jurisdiction of the N.Y.S.D.E.C.] see attached 8/12/81 determ, in~on letter from D.E.C.) ~u~o£ph H~/ Bruer Attorney for Applicant Regulatory Affairs Bldg. 40, S~If - P3om 219 Stony Brcok, N~ York 1179< (516) 751-7900 ~DBF/{TFo FLACKE Conmissioner August 12, 1981 Mr. Victor L'Eplat~enier Box }61 Peconic, N. Y. 11958 S.C.T.M. 1000 - 67 - 3 - 12 & 13 - Sir: "MAP OF PECONIC SHORES"- No #, No File As a result of your in~H~.~ con,ming the ~bove referenced .oarcel, this Dapaz b~nt ~has conducted an. on-site inspection° ~ have found t~he parcel or (project) to be beyond the jurisdiction of this Department. Since there are no inventoried Fresh or Tidal Wetlands present. Therefore, pursuant to Part 661, Official Co~,ilation of Codes~ Rules and Regulations of the State of N~,~ York~ Sanction 661.4(b)~ no permit 1under .~kr~le 25 (Tidal ~tlands) of the En~tal Conservation L~ is rec~ed~ Neither is an Article 2~ (FRESHWATER WETLRNDS PERb[[T) required. D~/cr c. c. FILE Vezy truly your. s~ Regional Permit Administrator Legend (~) COUNTY OF SUFFOLK ?~- SOUTHO/D Re, oJ Property Tax Service Agency V,L',.~e~ Co~,,,~y Ce'..~ Jms'r,~'~r.G IOO0 '321 067 PROPERTY M BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : VICTOR L ' EPLATTENIER : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER 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) ~a~~%tSq:~xblkBl~la:~:Eolkl~il~l~a:e~ed': 2. Thattheproperty whichisthesubjectofthePetitionislocatedadjacentto¥ourpropertyandisdes- cribedasfollows: S/W corner Dickinson St. & Lake View Avenue, Peconic, Suffolk Co. Tax Map Designation: 1000-67-3-12 (see attached photocopy of tax map whereon premises are indicated) 3. Thattheproperty whichisthesubiectofsuchPetitionislocatedinthefoUowingzoningdistrict: "A"-Residential/Agricultural 4. ThatbysuchPetition, theundersignedwillrequestthefollowingrelief: a variance to the Zonin9 Ordinance to permit the construction of a dwellin9 with x~ insuffi- cient rear and front yard setbacks; and a variance due to lack of access. ~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sectic~ 100-31 and, N.Y. Town Law Section 280A, Subsection 3 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 ma), then and there examine the same during regular office hours. (5].6) 765-1809. 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 $outhold 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: September 17, 1981 . ~/~ne~ - A~dto~lrp~e~y~oBr r~it lone r Post Office Address Ma in Road Southold, N.Y. 11971 NAM~ Mr. & Mrs. Jose Garrido PO1 RECEIPT FOR CERTh NO ~NSURANCE COVERAGE PROVh. % NOT FOR INTERNAT ONAL MAIL See Reverse Mr & Mrs Jose Garrido 64-45 212th Street FO STATEANDZ PCODE Bayside, N.Y. 11361 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 64-45 212th Street Bayside, New York 11361 COUNTY OF SUFFOLK ) Mary Diana Foster , residing at (No ~) McCann Lane, Greenport, New York , being duly sworn, deposes and says that on the 17th day of September ,19 81 , , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southold, New York ; that said Notices were mailed to each of said persons by (certified) (ir~bl:lmlt) mail. Sworn to before me this 17th d ~ ,~..~of S mbee[~te~r. ~ EESSI~' ~. ;JUSTIN J~u~a~l~ PUBLIC, ~te of No~ Public No. 3203050 ~aalifi~ in Sutto;k Cou~ ~mm/ss~n Epir~ March