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HomeMy WebLinkAbout2925~qS? ,o. ~ TOWN OF SOUTHOLD, N£W YORK Appeal No. 2925 by application Dated November 10, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Richard J. Arthur M. Main Road, Cron, Esq. as attorney for Schwartz, M.D. Cutchogue, NY 11935 Appellant oo- 7_ /,o, / at a meet/ag of the ZonLng Board of Appeals on December 5, 1981 was cousidered and the action indicated below was taken on your ) Request for variance duc to lack of access to property ) Request for a special exception under the Zoning Ordinance ( ) Request for a variance io the Zon[ng Ordinance (X) Request for approval of access and variance to Board of Appeals road specifications adopted in 1979 the appeal ~anted ( ) be denied pursuan~ to Article .................... Section .................... Subsection .................... paragraph .................... cf the ~n~g Ordnance and the decision of the Building Inspector ( ) be reversed ( ) by X~X~a~xK~hv~/ex Public Hearing: 11/24/81: Application of Arthur M. Schwartz, M.D., by Richard J. Cron, Esq., Main Road, Cutchogue, NY; for a Variance to Section 280-A, Subsection 3 of New York Town Law and Article XIV, Section 100-141(B) for approval of access. Location of Property: Right-of-way off Westphalia Road, Mattituck, NY; bounded north by Howard's Brach; west by Berner; south by Penny &ano.; east by Munz. County Tax Map Parcel No. 1000-113-9-10.1. (SEE ATTACHED SHEETS) 2. VARIANCE. By resolution of the Board it was determined that (al Strict application of the Ordinance (would) (would eot) produce hardshio because practical difficulties (SEE ATTACHED SHEETS) (b) The hu.rdship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in tile same ese district because (SEE ATTACHED SHEETS) (c) The variance (does) (doss not) observe the spirt: of the Ordinance and (would) change the characler of the district b~'ause (would not) (SEE ATTACHED SHEETS) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decision~ of the Building Inspector ( ) be confirmed ( ) be revevsed. CG:lk FORM ZB4 ZONING BOAED OF iIECEIVED AND FILED BY T~ SOU I~:~D TOWN CLERI~ ~ T~n Clerk, Town ~thold Pa~e 2 Decision Rendered December 5, 1981 Appeal No. 2925 - Arthur M. Schwartz, MeD, By this appeal, applicant requests approval of access over an existing, traveled right-of-way off the northeasterly side of Westphalia Avenue, with a variance from the usual road specifica- tions for such rights-of-way as adopted in 1979 by this Board. On August 24, 1972 approval of access was granted to a previous owner of the subject parcel (1000-113-9-10.1), Ruth Sloan Gimbernat, subject to the following two conditions: [1] Access is to be approved by the Building Inspector, and [2] Approval of this access is also subject to applicant having or obtaining legal access over the route herein approved. The Board finds that this access road has not been approved since 1972 by the building inspector. The applicant presumably purchased this parcel during 1981 without knowledge of the 1972 variance or restrictions con- cerning all rights-of-way and private roads. On March 22, 1979 this board unanimously adopted a resolution requiring all rights- of-way, private roads, or other means of access to one or more parcels of land or improvements to same, et cetera. Applicant was recently denied a building permit to construct a new dwelling on the subject parcel inasmuch as the access road has not been improved to the requirements of Town Law, Section 280-A and the Board of Appeals conditions in Appeal No. 1632. Subsequent to the previous appeal and this board's 1979 resolution concerning private roads, the applicant purchased the subject premises. Upon personal inspection of the property, the Board finds that the existing right-of-way is traveled anirregularwidthof approxi- mately 11'7" for the first 30 feet from the Westphalia Road/ property line, and then the right-of-way extends past applicant's property for approximately the same traveled width, more or less. At the beginning of the right-of-way (along Westphalia Road) is an entrance gate having a clearance of approximately 11'7". It is the feeling of the Board that the width of the right-of-way at the entrance and along the first 30 feet in length should be widened to 12 feet, without removing any trees. It is also the feeling of the Board that the right-of-way past the first 30 feet may be wideE:%d, without significant difficulty, and should be widened to a minimum of 15 feet, to applicant's property. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances here- in are unique; that by allowing the variance no substanial detri- ment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony With and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. was On motion by Mr. Goehringer, seconded by Mr. Grigonis, it '~a~e 3 Decision Rendered December 5, 1981 Appeal No. 2925 - Arthur M. Schwartz, M.D. RESOLVED, that the applicant be granted approval of access over the existing and traveled right-of-way, pursuant to New York Town Law, Section 280-A, as applied in Appeal No. 2925, application of Arthur M. Schwartz, M.D., SUBJECT TO THE FOLLOWING CONDITIONS: 1. The entrance within this right-of-way shall be a minimum width of 12 feet (widened to the existing trees) for the first 30 feet commencing from the right-of-way property line along Westphalia Road. 2. The right-of-way must have a width of not less than 15 feet and be cleared of all trees, brush and other obstructions to a width of 15 feet, past the first 30 feet of the subject access road and extending to applicant's property. 3. The entire access road commencing from Westphalia Road and to applicant's property shall be improved as follows: (a) The existing traveled right-of-way with a good base shall be surfaced with a minimum depth of two inches of packed three-quarter-inch stone blend, and (b) New cuts along this right-of-way as required above shall be surfaced with a minimum depth of four inches of packed three-quarter-inch stone blend. 4. No certificate of occupancy shall be issued for the con- struction of any buildings or structures, or any existing buildings or structures, on the premises to which this access is referred, until all of the conditions 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 applicant/owner shall be required to construct such drainage facil- ities as may be necessary and recommended by the Town Engineer. 6. That upon completion of the improvements of this access road, the Board of Appeals shall receive notic~ of such completion in order that they may inspect same as to meeting the above require- ments. Location of Property: Off Westphalia Road, Mattituck, NY; County Tax Map Parcel No. 1000-113-9-10.1. Vote of the Board: Ayes: Sawicki and Grigonis. (Absent was: Mr. This resolution was unanimously adopt~.d. Messrs. Douglass, Goehringer, Doyen, Fishers Island). APPROVED --Chairman Board of Apt3eals ,~' 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 Town Hall, ~ 24,~1 Main Road, Southold, NY on Tuesday, November commencing at 7:15 o'clock p.m. and as follows: 7:15 p.m. Application of Beatrice A. Geselle, Lilac Lane, Cutchogue, NY (by Wickham, Wickham and Bressler, P.C. as attorneys) for a Variance to the Zoning Ordinance, Article III, Sections 100-30A, 100-31 and Bulk Schedule for approval of insufficient frontage and area of two proposed parcels located at the north side of Lilac Lane, Cutchogue, NY; Nassau Farms Subdivision Filed Map 1179, Part'of Subdivision Lot No. 105; County Tax Map Parcels No. 1000-104-1-16 and 17. 7:25 p.m. Application of Robert V. Rider, Jr., 1520 Minne- haha Boulevard, Southold, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-32 and Article XI, Section 100- l18E for permission to construct accessory two-car garage structure in the frontyard area at 1520 Minnehaha Boulevard, Southold, NY; bounded north by Wigwam Way; west by Yanke, Morris, Bear, Smith; south by Hog Neck Bay; east by Minnehaha Blvd. and Town of Southold; County Tax Map Parcel Item No. 1000-87-2-40. 7:35 p.m. Application of Constance Messina, Box 730, Main Road, Cutchogue, NY for a Variance for approval of access along the westerly side of premises located on a right-of-way off Main Road, Cutchogue, NY, New York Town Law Section 280-a. Location of Property: Off Main Road, Cutchogue, NY; Minor Subdivision of Tut's Acres, Subd. Lot No. 3; County Tax Map Parcel Item No. 1000-108-3-part of 008. 7:50 p.m. Application of Vito and Ann Navarra, 6 Barnyard Lane, Levittown, NY 11756, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct new dwelling with insufficient rearyard~area at 1300 Bay Haven Lane, Southold, NY; Bay Haven Subdivision Filed Map 2910, Lot 34; County Tax Map Parcel Item No. 1000-88-4-17. 8:00 p.m. Application of Frank Mandaro and Nicholas Mandaro, 269 Prescott Avenue, Staten Island, NY (by Irving L. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Sections 100-30A(1), 100-118E, and 100-31 for permission to construct addition and alteration to two existing buildings, having been denied by the building inspector for the following reasons: (1) two seasonal undersized dwelling units existing prior to zoning on one lot cannot be permitted as two [yearround] dwellings on one lot; (2) a nonconforming building may not be reconstructed or structurally altered during its life to an ex- tent exceeding in aggregate cost 50% of the fair value of the building unless same is changed to a conforming use; (3) insufficient side yard. Location of Property: 2370 Bay Avenue, East Marion, NY; bounded north by Baltz; west by Tosca Holding & Realty Corp.; south by Orient Harbor; east by Bay Avenue (Tuthill's Path); County Tax Map Parcel No. 1000-31-16-7. 8:15 p.m. Application of George Alec, Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-36 for permission to construct and enlarge porch with a reduction of frontyard setback at 22445 Main Road, Cut- chogue, NY; bounded northwest and northeast by Cutchogue Joint Venture; southwest by Cross; south and southeast by Alec and Main Road; County Tax Map Parcel No. 1000-109-1-7.  25 p.m. App~cation of Frank E. Brophy, 75 Second Street, New Suffolk, NY~or a Variance to the Zoning Ordinance, Article / III, Sec%t~iont00-31, Bulk Schedule, for permission to construct \ / deck addi~n to dwelling with an insufficient front and side yard se~ac~at 75 Second Street, New Suffolk, NY; bounded north by Gr~hwohl ~ano.; west by Martin; south by Wetzel, Grathwohl / ~0a0~_~7~2~.Second Street; County Tax Map Parcel No. ~%~''p.m. Application of Ernest E. Wilsberg, 4175 Ole Jule Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct acces- sory building (garage) with bath room facilities in the frontyard area at 4175 Ole Jule Lane, Mattituck, NY; bounded north and south by Ole Jule Lane; east by E. Wilsberg & eno; west by Wieczorek, Hunt and Wilsberg; County Tax Map Parcel No. 1000-122-5-12(& 13). ~%~o~p.m. Application of Edward R. Yanke, 31 S~mmit Drive, Smithtown, NY for a Variance to the Zoning Ordinance, Article Page 4 - Legal No~e of Hearing e Z.B.A. Regular MeeTing to be held November 24~1981 III, Sections 100-31 and 100-34 for permission to construct new dwelling with insufficient front and side (or rear) yard setback at the southeasterly corner of Wigwam and Wampum Ways, Southold, NY; Nunnokoma Waters Filed Subdivision, Map 5126, Lot 1; County Tax Map Parcel No. 1000-87-2-35. /~ ~:~0 p.m. Application of Arthur M. Schwartz, M.D. by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance( to Section 280A, Subsection 3 of New York Town Law, and Article~ tX IV, Section 100-141(B), for approval of access. Location of / Property: Right-of-way off Westphalia Road, Ma ttituck, NY; Dated: November 13, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish once, to wit, Thursday, November 19, 1981 and forward affidavit(s) of publication to: L. Kowalski, Board of Appeals, Town Hall, Southold, NY 11971 on or before Monday, November 23, 1981. Copies have been forwarded on 11/16/81 to: Wickham, Wickham & Bressler, P.C. for Beatrice A. Geselle Mr. Robert V. Rider, Jr. Ms. Constance Messina Mr. and Mrs. Vito Navarra Irving L. Price, Jr., Esq. for Frank and Nicholas Mandaro Mr. George Alec Mr. Frank E. Brophy Mr. Ernest E. Wilsberg Mr. Edward R. Yanke. Richard J. Cron, Esq. for Arthur M. Schwartz, M.D. Copies have been hand delivered to the L.I. TraveLer-Watchman and Suffolk Times, Inc. 11/16/81. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To '/'~r'"5'7:'~'~' ~.y. .............. · ../'~.'~..-& 7. ................... PLEASE TAKE NOTICE that your application dated .,,_~,2~.--'~.-..~?~ .... ~., 19 .'~.~.. for permit to construct ..... F_,)./.?..~... z.~.~?.~.'7.../~..~.~'.~.~./.<Z<~ .................. at Location of Property...~.'.~' ~J' ,..~//~_..~.../.~.'Z.~.ff/_/57.ff,.£'/.'~ ~' t~.~'~t'~.~.~: Ho~,'~ No: ........ '~ ' ': ..... ~ 's't;~ei ........... h~,.i;t / County Tax Map No 1000 Section .././. ~. ....... Block ...(~. ~ ...... Lot .(~. ('.~..,~.<57/.. Subdivision ................. Filed Ma o. Lot No ..... ~ ......... is returned herewith and disapproved on the following grounds ~.(-'.<~7...5..f/~',,~,¢?r. .~.-. .........xD~, ~,u~~/~'" ~ ....... / .... ":-' ..................... '~,~ ............. B~fld~g Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N, Y. DATE 11/)~/81 ' ARTHUR M. SCHWARTZ Main Road 1, (ll~xb3. RI.Q,~..k~. $.., ~:RQ~,....t~;.Q,.,, ....... of Nome of Appellon;t Street and Number Cutchogue New York, HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WH,EREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) ARTHUR M. SCHWARTZ Name of Applicant for permit of 13 Welwyn Road Great Neck New York "' ....................... ............... ...................... PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO CONSTRUCT ONE-FAMILY RESIDENCE 1. LOCATION OF THE PROPERTY off Westphalia Road, Mattituck Resid "A" 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,) Section XIV~ Section 100-141(B) 3. TYPE OF APPEAL Appeal is mode herewith for ( ) 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. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (b~"'gzl~ 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 (X) request for a variance pursuant to Section 280A and was mode in Appeal No../~.~....~m.. ................ Dated ~¢~.J~/ ,~-¥. ~'.~'~-- (X) ) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning OrtJinance ,s requested for the reason that a prior approval of Recognition of Access was granted by the Board of Appeals subject to approval of the Building Inspector. Said approval was never granted and the Building Inspector will not act at this time due to the enactment of road specifications by the Board of Appeals in 1979. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because if applicant is unable to secure recognition of access pursuant to Section 280A of the Town Law, he will be unable to utilize his property to construct a single-family residential dwelling. The right of way is deeded to the extent Of 15 feet and runs a distance from applicant's property to Westphalia Road approx- imately 500 feet. There was previous approval of access by the Board of Appeals subject to approval of the Building Inspector. No such approval has been granted by the latter. In 1975, under Appeal #1987, the Board of Appeals granted recognition of access which required no approval of the Building Inspector. This was granted on the appli- cation of Galgano~ a property owner situate on the right of way. With respect to the prior approval of recognition of access to the subject premises, which was granted to one Ruth Gimberant, under Appeal No. 1632 on August 24, 1972, applicant respectfully requests the consideration of this Board to a variance of the road specifica- tions adopted in 1979. 2. The hardshipcreatedis UNIQUEaodisnotshared by all properties olike in the immediate vicinity ofthisproperty andinthis use districtbecause other properties in the area have already been developed and/or have secured recognition of access. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because applicant seeks only approval of access to his property which is already zoned for the construction of a residential dwelling. ARTHUR M~TZ~c~--~ ~ COUNTY OF SUFFOLK ) ...... Rzchard J. Cron November 81 Sworn tothis 6th day of .. . ................ 19 Southold Town Board of APPeals MAIN ROAD- BTATE RnAD 25 Br'IUTHOLD, L.I.. N.Y. llCJ'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. RODERT J. DOUGLASS JOSEPH H. SAWICKI December 5, 1983 Mr. Edward F. Hindermann Building & Housing Inspector Southold Tow~ Building Department Southold, NY 11971 Re: Your Letter of November 21, 1983 Proposed Abandonment of Right-of-Way (DiVello) Appeals #1987 and #2959 (Galgano & Schwartz) Dear Ed: Please be advised that at a Regular Meeting held on November 30, 1983, the board members have acknowledged their acquiescence with your November 21st letter in that the abandonment of this existing right-of-way which was previously approved by this board would void that use; and accordingly, additional application should be made to the ZBA requesting approval of access over the newly proposed right-of-way for all those parcels involved. lk CC: Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Mr. and Mrs. John DiVello Mr. A. Galgano, Jr. Mr. R. Johnsen Mr. C. Berner, Jr. Dr. A. Schwartz Mr. Roger Munz TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 November 21, 19B3 Board of Appeals Town of Southold Town Hall Southold, NY 11971 Re: Appeal #~987 Galgano 280a Appeal #2959 Schwartz 280a Gentlemen: We have received a request from the office of Wickham, Wickham & Bressler, ?.C., for Notice of Disapproval for the proposed re-subdivision of property owned by John M. & Frances C. DiVello, copy of survey herewith. The proposal is to abandon an existing R.O.W. approved under the above actions, that runs thru lot #1 of this proposed subdivision and locate a new R.O.W. at the easterly side of lot #1. It would appear that a 280a will be needed for R.O.W. and that the property owners who are subject this access be notified accordingly. this new to using Your~tru~ / . Building & Housing Inspector EFH:ec Attch. BETWEEN ti] o o NICHOLAS A. BRUSICH and CAROLE I. BRUSICH, his wife, both residing at 680 Westview Drive, Mattituck, New York 11952 party of the first part, and [i~ROSANNE K. SCHWARTZ, ~ residing at 240-11 Maryland Avenue, Douglaston, New York 11362, /)arty of the second part, WITNESSETH, that the party of the first part, in consideration of .................. .......... TEN and 00/100 ($10o 00) ................ dollars, lawfulmoney of the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or s.ccessors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and Jmprovernent~ thereon erected, situate, lying and being il~lge at Mattituck, Town of Southold, County of Stfffolk and State of New York, bounded and described as follows: /" ]H~(:;INNING at a monument at the Southwes.erly corner crt premises herein, at the Northwesterly corner of land now or formerly c~f Arthur Penny, said monu- ment being situate North 70 degrees 45 minutes East 451. 60 feet from a point on the Northerly side of Westphalia Avenue; and from said point of beginning; RUNNING THENCE along land now or formerly of Charles Berner North 18 degrees 58 minutes 30 seconds West 578.61 feet to the average high water mark of Mapes Creek; TI ENCE along a tie line along the average high water mark of Mapes Creek: (1) North 82 degrees 15 minutes 40 seconds East 17.79 feet; (2) North 74 degrees 47 minutes 30 seconds East 106.55 feet to land now or formerly of Ruth Slosh Gimbernat; ' T ;¸ HEN(.E South 14 degrees 48 minutes 50 seconds East 520.00 feet; THfJ;NCE still along land of Gimbernat South 34 degrees 59, minutes 30 seconds I,a,.,t 50.98 feet to land now or formerly of E. V. Rasanen; ~I'}]I~NCI~ along land of Rasanen ami land of Arthur Penny South 70 degrees 45 n-tinut~s West 100.00 feei to ]and of Charles Berner at the point or place of ILk., iNNING. ~1! SI;iBJECT TO AND TOGETtlER WITH the benefits of an easement or right of way 5 feet in width running from premises adjoining on the East to Westphali~ Road as created by deeds made by Lizzie y. Medayrecorded in Liber 984 cp 99, as modified by agreement between Stephen C. Bubier and Ruth Sloan Gimbernat dated i, April 25, 1966 and recorded in Suffolk CountyClerk~s Office on~ugtist 25, 1972 in I,iber 7227 page 470. r~ads abutting the above described pre~nises to the center liues thereof, TOC, ETHF~. with the appurtenances and all the estate and rights of the party of the first part in and to .~id premises, TO HAV~- AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the par~ of the second part forever. AND the party of the first part covenants that the party of the first p~rt has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. · AND 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- er:dion 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 'Phc word 'i ~rty" shall be cou~trued as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WltE, R£OF~ the party of the first part has duly executed this deed the day and year first above (Nicholas A. Bru/~fch) (Carole I. Bru~lch) LEGA~ NOTICE NOTICE IS HEREBY GIV- EN, pm~uunt to Section 267 of the Town Law and the Provi- sions of the Amended coda of the Town of Southold, a Regular Meeting and the following public hearings v~l be hq~d by the Southold Town Bunr. d of Appeals at Hal~, Main Road, Southotd, N.Y. on Tuesday, November 24, 1981 commencing at 7:15 o'clock p.m. and as follows: 7:15 p.m. Application of Beatrice A. Gesulie, Lllic Lane, CatcbegUe, N.Y..~ Variance to the Zoning once, Article Ill, Sections 100-3OA, ~100-31 arid Bulk Schedule got approval ofinsuf- fick~t ftuetage and ~ of twn' ~oo~ pa~e)S .~ed ~t thd ues~ s~de of Lilac ~ 1179, ~o. i0s; Tax idap~ parcels 7:25 p.m~ Robe~ V.- -- undersized dwelling units ex~ isting prior to zoning on one-lot cannot be permitted as two (yearroUnd) dwellings on one lot; (2) a noneonnforming building' may not be recon- structed or structurally altered during ks life to an extent exceeding in aggregate cost 50% of the fair value of th.e building unless same is changed to a conforming use; (3) insufficient side yard. Location of Property: 2370 Bay Avenue, East Marion, N.Y.; bounded north by Baltz; west by Tosca Holding & Realt~ Cerp.; south by Orient ~ber; east by Bay AvenUe (tathlll Path); County Tax I~ Parcel George Alec, Main Road, Cut- chogu~, N.Y. for a Variance to the Zoning Ordinance, HI, Sections 100-31 and 100-36 fur permission to construct a~ enlarge pe~ch wRh a reduction of frontyard setback at 2244S Main Road, Cutchogoe, N.Y.; hounded northwest and north- east by Cutchogne Joint Van- south and southeast by Alec and Main Read; County Tax Map Parcel No. 1000-109-1-7-.~ 8:25 p.m. Application Ernest E. Wllsberg, 417S Ole Jule Lane, Matthock, N.Y. for a Variance to the Zoning Otdinn~c~, Article HI, Section ard's Branch; west by Berner; south by Penny & ano.; east by [ Munz; County Tax Map Par.~] No. 1000-113-9-I0.1. Dated: November 13, 1981 BY oRDER OF TItE souTHOLD TOWN BOARD OF APPEALS 1T. I1/19/81(9)P: 100-32 for permission to con- struct ~ccesserY building (gar- age) With bathroom facilities in the f~ontyard area at 4175 Ole 2ule Lane, lViattituck, N.Y.; bounded north and south by'~ Ole Jule Lane; east by E. Wilsberg and uno; west by W~.czorek, Hunt and Wits- y OF SUFFOLK ,0~ek~county Tax Map percel OF NEY/ YO~K ss: '~ p.m. Application of Edward R. Yank¢, 31 Sumnfi~ Drive, Smithtown, N.Y. for a Variance to the Zoning Orfiin: ricio Wood, being duly sworn, soys thor she is the once, Article Ill, Sectto.n.~ f THE LON~ [SL.~ND TRAVElER-WATCHMAN, 100-31 and 100-34 for permis- sion to construct new dwelling newspoper printed et $outhold, in. Suffolk County; with insufficient front and side the notice o~ which the onnexed is o printed copy, (or rea~) yard ~-thack at the southeasterly coruer of W~- published in sold Lono Istond Troveler-Wotch- warn and Wampum Ways, Sunthold, N.Y,; Nuunolamm e eoch week for .................... ~ .................. weel~ Waters Flied su~d~visiun, Map 5126, Lot 1; County Tax .~ly, commencino on the ........ ..~..~. ..................... ......................... l~chatd J, Cron, Esq,, ~nm ...~_~_~'.....\ .......................... : ......... .x.~.z..:~....: ......... variance to Section zen Subsection 3 of New York Town Law, i and~ Article XIV, Section .100,t4~B), for ap- proval of ~ Location ofZ to before me this ~<~ doy of pcoperty: R~ht-of-way offo ................................ Westph~ ~ Martituck, N.y.; ow. ........... , old, N.Y L- Dated: November 13; 1981 Section '" . BOARD OF APPEALS sion to construct 1T-11/19/81(9) ~untyatxl a~ea at ].~zu ' I neha~a BOulevard' S°uth°ld' ' ] ~am Way;' West by YankS, ~ Mocrts~ B~, Smith; south b~ ) I~g Neck Bay; east by Mtn- nehaha B!vd. and ;Town o! cun~ Ide~na, ~ox 'ard s Branch; west by Berner; south by Penny & ano.; east by ~~ Munz; County Tax Map Parcel ,, .................. No. 1000-113-9-10.1. t es ~/sd. Lot lqo. 3; County LEGAL NOTICE NOT~C~ is a~l~s¥ GtV'~ EN, pu~Suunt to S~U 267 of ~e To~ ~w ~d ~e ~' s~ns 0~ ~e Am~d~ ~ ~ the Town of Southold, n Regular ~etlng and the public ~gs ~ ~11o~ be ~ d by ~e ~u~old To~ ~ of A~e~s ~ ~ ~ Road, N.Y. on Tues~y, ~vem~ 24, 1~ ~ ~ o'~k p.m. ~d ~ ~: ?:15 .p.m. AppB~n ~ Beatrice A. G~selle, ance, A~cle IlL Sections l~.30A, i00~31 a~d S~ed~e ~t sppmv~ of ~sof- st ~ n~ side ot ~ Cutc~ogue' N.Y.; Nassau F~s Su~ F~ Map 11~, P~ ~ Sub~sion ~ 17. 7:~ p.m. AppliCOn Ro~ V. ~d~, Jr, 1520 old. N.Y. ~t a Vs~t° the S~inn 1~-32 ~d Aticle s~ to ~nst~ ~s~ ~o-~ garage ~tu~u~ ~ the ~uty~d ~ea at 1520 neh~a ~ev~d, ~uthold, N.Y.; ~ded uo~h by warn Way; we~ by y~ke, M~is, ~, SmRh; ~u~ by HOg N~k B~y; ~ by Min' ueh~a Blvd. ~d To~ of ~u~old; Cowry T~ Map p~l Rem No. 1~-87-2-~ 7:35 p.m. Appli~t~u Con~ MesseS, ~x 7~ M~ Road, ~t~ogue, N.'Y, ~t s V~ ~ approval of ~ss ~ug ~e w~ly t of premises located ot t~ of ~:~ ~ M ~, Cutchogue' N.Y.; south and southeaSt bY Alee and Main Road; County Tax Map Parcel blo. 10~.. 409-1'7_.~ 8:115 p.m, Application o~ Ernest E. Wilsberg, 4175 Ole Jule Lane, Mattituck, N.Y. for a Variance to the Zoning Ordinm!Cg, Article ltl, Section 100-32 for permission to con- struct accessory building (gar' · ge) with bathroom facilities in the frontyard area at 4175 Ole Jule Lane, Ma/tRuck, N.Y.;~ bounded north and south Ole Jule Lane; east by E. Wilsberg and ano; west by Wieczorek, Hunt and Wits- y OF SUFFOLK ss: County Tax Map Parcel ~.;000-122-5-12 (&13). .~. NEIN YORK -~-.'40 p.m. Application of Edward R. yanke, 31 Summit IMive, Smithtown, bi.Y. for a Variance to the Zoning Ordin~ricio Wood, being duly sworn, soys thor she is the sion to construct new dwelling newspoper printed ot $outhold, in. Suffolk County; withinsufflctant front and side the notice of which the onnexed is o printed copy, {o~ rear) yard setback at the southeasterly corne~ of Wi~- published in soid Long [siond Troveler-Wotch- warn and Wampum W~ys, o eocln week for \ ...weeks Southold,. N.Y,; Nuunolm~ ...................................... Watm's Filed Subdivision, Map 5126, Lot 1; County Tax :ly, commencing on the ........ ..~..~. ..................... ~it[on o~ ......~....!...-:~...',.~ .......................... , s 7...~..~ Creu, Esq=, ......... so,a, C hos e,L Var~anc~ t0 Section Subsection 3 of New York Town Law, and Article XIV, Section 100-141(B), for ap- preval of access. Location ofl Property: Right-of-waY off. to before me this ................................ doy of Westphalia Road, Mattituck, ]9...~...~' N.Y.; bounded north by How- ~..~ ........... :~rd's Branch; west by Berner; south by Penny & ano.; east by ~~ Munz; County Tax Map Parcel ...... ' ............ No. 1000-113-9-10.1. Dated: November 13~ 1981 BY ORDER OF THE SOUTHOLD TOWN · BOARD OF APPEALS _ 1T-11/19/81(9) ~ subdivlsinn 0i TuCs ~ ~a - ~ lot No 3; County tu ~p p~el Item No. i~" '~ 3-~ of ~' ~ 7:~ .m. App II1, Seaion 100-31, Bulk ~ed~e, f~ p~mn ~ new dweil~g ~h ~suffident ~ ~a at 1~ Bay Haven ~ne, ~uth- old, N.Y.; Bay Hav~ Sub- ~n ~ M~ 2910, ~; ~ T~ Map Item No. 1~~'4'17' Fr~ M~d~ ~d NiColas M~, 269 ~ ~ue, St~ l~d, N.Y. (by V~ t0 ~e ~g ~, ~tde m, s~ns ~A(1), l~llSE, ~d 1~-31 ~i~ ~d ~t~at~n by ~ denied by the bu~m~ thspectot fox the [oliowing reasonS: (1) two sessoual Board ~ a61~ds at Townf NY nn T~ed~y, Nm~m- ~4, 1981 ~ at 7:15 o'cl~k p.m. ~ ~ ~: 7:~ p.m. ~fl~ ~, ~ ~ (by Wie~ _W~ Br~ler, P.~ ~ a~) for a Va~ ~ ~ ~ng~ Or~, ~ ~o~ 1~ 1~1 a~ ~k ~nie f~ a~ ~ ~- ficient fron~ge two pr~ ~ 1~ at ~si~e ~, ~, ~; N~u Fa~s Su~ion ~ Map 11~ Pa~ ~ Su~on No. 1~; ~ T~ ~p: Parcels No. 1~1~1-16 17. 7:~ p.m. A~lica~ ~ V. ~er, Mi~ ~a~, old, ~ for a Va~n~ Z~ng O~, Ar~cle IH, S~on 1~ and At,cie ~on 1~118E for sion ~ eo~ct actor' ~ar ~cage s~c~rc in ~ fron~ard ar~ at 15~ Mi~ Boulevard, old, ~; ~d~ nor~ by W~am Way; w~t by Yale, Morro, B~r, Smi~; sou~ by H~ N~k Bay; ~st by ~ Blvd. and T~n of old; Coun~ Tax Map Parcel l~m No. 1~-2~. 7:~ p.m. ApplicaOon of Cons~nce Mess~a, Box 7~, Main E~d, ~tchogue, for a Valance for approval of acc~ along ~e w~terly side of premis~ 1~ ou a ~ght- of-way off Main R~d, ~t- ch~ue, ~, New York Town ~w ~on ~a. L~ation Proart: Off ~in R~d, ~t- chogno, ~; Minor Su~- sion of ~t's Acr~, Su~. Lot No. 3; Co~ Tax Map Pardi I~m No. 1~1~3-~ of 7:~ p.m. Applica~on of Vi~ and ~n Nav~a, 6 ~rn- yard ~ne, ~tt~n, 117~, for a Variance to Zoning Ordi~eee, At,cie III, ~tion 1~31, Bulk ~h~ule, for ~rm~ion ~ co~ct now dweili~ ~ i~ficient r~a~ ar~ at 1~ Bay aV~n Lane, Southold, NY; y Haven Subdivision Filed p 2910, Lot 34; County Tax Map Parcel Item No. 1000-88- 4-17. 8:00 p.m. Application of Frank Maedaro and Nicholas Mandaro, 269 Prescott Ave- nne, Staten Island, NY (by Irving L. Price, Jr., Esq.) for s Variance to the Zoning Ordinance, Article III, Sec- tions 100-30A(I ), 106.118E, and 100-31 for permission to con- struct addition and alteration to two existing buildings, hay- ~ng been denied by the build- lng inspector for the following reasons: (1) two seasonal un- dersised dwelling units exist- ing prior to zoning on one lot cannot be permitted as two [yesrrnand] dwellings on one lot; (2) a nonconforming build- ing may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 50% of the fair value of the building unless same is changed to a conforming use; (3) insuffic- ient aide yard. Location of Drive, Sn~own, NY for a Variance ~e Zoning Ordin- ance, Arti/q~lII, Sections 100- 31 and 100-34 for permission to construct new dwelling with insufficient front and side (or rear) yard setback at the southeasterly corner of Wig- wam and Wampum Ways, Southold, NY; Nunnokoma Waters Filed Subdivision, Map 5126, Lot 1; County Tax Map Parcel No. 1000-B7-2-35. ,.." 8:50 p.m. Application of Arthur M. Sehwartz, M.D. by Richard J. Cron, Esq., Main Read, Cutchogue, NY for a Variance to Section 280A, Sub- section 3 of New York Town Law, and Article XIV, Section 106.141(B), for approval of access. Location of Property: Right-of-way off Westphalia Read, Mattituck, NY; bound- ed north by Howard's Branch; weeks west by Berner; south by .......... Penny & ano.; east by Munz; ;.1~ ............... County Tax Map Parcel No. 1000-113-6.10.1. ~ated: November 13, 19~1. BY ORDEROF TI-I~ SOUTHOLD TOWN .... ~ .......... ~ing duly Sworn. of the SUFFOLK ~reenport. in said aexed is u printed ,lk Weekly Times Property: 2370 Bay Avenue, ,.' BOARD OFAPPEALS East Marion, NY; bound~r~.~:~.~.TN19-3814 north by Baits; west by Tns~[~. Holding & RnaRy Corp.; sno~t" ' ....... byOrient Harber; east by Baylv ......... ~f~r~...~:..~.,~...~/....~.. ...... Avenue (Tuthill's Path), county Tax Map Parcel No. 1000-31-16-7. 8:15 p.m. Application of George Alee, Main Road, Cut- chngue, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-36 for permission to construct and enlarge perch with a reduction of frontyard setback at 22445 Main Road, Cut- cbegue, NY; bounded north- west and northeast by Cut- chogue Joint Venture; south- west by Cross; south and southeast by Alec and Main Read; County Tax Map Parcel No. 1000-109-1-7. 8:25 p.m. Application of Ernest E. Wilsberg, 4175 Ole Jnie Lane, Mattituck, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100- 32 for permission to construct accessory building (garage) with bath room facilities in the frontyard area at 4175 Ole Jule Lane, Mattitack, NY; bound- ed north and south by Ole Jule Lane; east by E. Wilsberg & ano; west by Wieczorek, Hunt and Wilsberg; County Tax Map Parcel No. 1000-122-5-12 (& 13). 8:40 p.m. Application of Edward R. Yanke, 31 Summit HELEN K. DE VOE NOMRy PUBLIC, State of New York No 4707878, Suffol~ County Term Expires March 30, 19~_,~ Southold Town Board of Appeals MAIN Ri'lAD- ~TATE RnAD 25 BClUTHFILD, L.I., N.Y. 1197~ TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TC.~ ,~ Y TUT: ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki N. Y. S. NOTICE OF DECLARATION ~.URSUANT TO ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2925 Application of: Arthur M. Schwartz, M.D. Location of Property in Question: R-O-W off Westphalia Road, Mattituck. County Tax Map Item No. 1000- 113-9-10.1. Project Proposed by Appeal Application: 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. The premises in question is an existing lSt. The access road to be recognized is also existing and in use. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal applica- tion. Dated: Nov. 13, 1981. By Order of the Southold Town Board of Appeals Copies to: Applicant/Agent Town Clerk Bulletin Board Appeal File APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI Southold Town Board of Appeals HAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 November 20, 1981 Mr. Roger L. Munz Review Appraiser Suffolk County Department of Real Estate Veterans Memorial Highway Hauppauge, NY 11787 Re: Your Letter dated November 6, 1981 - Arthur M. Schwartz, M.D. Property Adjacent to Your Father's and Located on a Private Right-of-way off Westphalia Road, Mattituck Dear Mr. Munz: Your letter concerning the above matter was reviewed by the Board of Appeals at a Special Meeting held November 13, 1981. Dr. Schwartz, by his attorney, Richard J. Cron, Esq. has filed an appeal application dated November 10, 1981 concerning this right-of-way which is scheduled for public hearing to be held at the Southold Town Hall, Main Road, Southold, New York, on Tuesday, November 24, 1981 at 8:50 p.m. The Board of Appeals is required to give public notice by publication in the official newspaper of the town at least five days prior to the date of the public hearing (L.I. Traveler-Watchman and Suffolk Times, Inc.) publication date of November 19, 1981). The Code of the Town of Southold requires that a written notice containing information for his petition be sent by the person petitioning this Board, or his agent, by either certified or registered mail to every owner of property immediately adjacent thereto. By reason of the foregoing, all adjacent property owners will receive notice that an application will be made to the Board of Appeals. You should consult the official town newspapers for the exact time of hearing. At said hearing, all interested parties Page 2 Mr. Roger L. Munz ' Re: Arthur M. Schwartz, M.D. Your Letter dated November 6, 1981 will be given an opportunity to be heard. Yours very truly, CHARLES GRIGONIS, JR. CHAIRMA~ ~' CG:lk COUNTY OF SUFFOLK DEPARTMENT OF REAL ESTATE November 6, 1981 SIDNEY L. MITCHELL COMNII$$10N ER Charles Grigonis Jr., Chairman Zoning Board of Appeals P. O. Box 728 Southold, New York 11971-0728 Dear Mr. Grigonis: I would like to request a second, formal hearing by the Board of Appeals concerning the status of the private road in connection with the building permit for Dr. Schwartz. My father, Mr. Joseph G. Munz is the adjacent owner to the south of Dr. Schwartz and strongly objects to the proposed roadway change. My father has enjoyed 9 years of seclusion and privacy and this will greatly be changed by the town demanding that a 15 ft. wide bluestone roadway be installed by Dr. Schwartz's before he can obtain a building permit. This objection is based on two points. The first is that people ere not so disposed to travel down en obviously private road while it is a dirt path, but even with signs up people will go down something that looks like a narrow lena. Secondly, end more important, is the fact that once e person goes down this proposed improved roadway the only way out is to either turn around in my father's front yard or cut across his front yard to take the dirt roadway of "Silkwarth Estates" out to Westphalia Road. I feel that this encroachment on my father's privacy, and possibly his property value is both unwarranted and unnecessary. The Town Board of Appeals should notify all interested parties (i.e.) adjacent property owners to hear the views when their properties are being so dramatically effected. Thank you for your consideration. (~) ZBA Chairman/Members copies ) Building Dept. ) Planning Board ) Zpplicant or his Agent ( ) cop7 to R~ ;ic (~-) Original for ZBA file , ) ~f~o~y Reques~e~ Very truly yo~ _ Ro~er L. MuD --'~--~_R~view Appra HAUPPAUGE* N.Y. ? 178~' 5437 ARTHUR M. SCHWARTZ, M.D. 13 Welwyn Road Apt 1-D Gre,~t Neck, New York 11021 (516) 487-6oo$ Oct ?, 1981 Dear ~r Grigonis, Firstly, I want to thank you for your patience with my many phone calls to your home concerning the problem of the access-road which comes off of Westphalia in Nattituck. The access-road leads to our propertyl district 1000,section ll3~ block09.0 , lot 010.OO1. And, as of this afternoon I learned from Nit. Hinderman that a "building-permit" has been denied because the road was not found to be suitable for travel of emergency vehicles. From my conversation with you.following the Board of Appeals znspectlon of the access-road last Sat morning, Oct 3,1981 my understanding is that a number of trees which line the roads edge make travel difficult. Furthermore, it is as I understand the Boards recommendation that these trees be removed if the road is to comply with the requirements of the Town of Southold. I have talked with other property owners along the road and have written to Ntt Charles Berner who is also a property owner ~but has no published phone number. I have the per- mission of the other owners to remove the necessary trees and am waiting to hear from Nr. Berner. At this time, I would very much appreczate the Board ~ the trees which they regard as hazardous for free tra've~ong the access road. I will then make the necessary arrangements to fulfill the recommendations. ~r. Hinderman had suggested that I mention to you that 280-A of the code had not been followed thru by Gimbernat and that no report is on file. NLr. Roy Stakey is the builder and is ready to proceed as soon as a permit is issued. We are anxious to start and make as much progress as possible before cold weather sets in. I realize the reasonableness of your determination about the road and protection for my h~me and family. Thank you for any further assistance with this matter. Road Douglaston., N.Y. 11363 Sincerel~T~, D' Arthur ~. Schwartz, Southold Town Board.of Appeals MAIN RE)AD- STATE ROAD 25 SI'IUTHE)LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER October 20, 1981 Richard J. Cron, Esq. Main Road Cutchogue, NY 11935 Re: Appeal No. 1632 Location of Property: Mattituck, NY Dear Mr. Cron: Right-of-Way off Westphalia Road, With reference to our discussion concerning the access road to the subject parcel, please be advised that it is the consensus of the board members taken at a Regular Meeting held October 15, 1981, that the access road be improved according to the attached specifications, which are normal conditions placed by this Board in approving access roads. CG:lk Enclosure cc: Dr. Arthur M. Yours very truly, t CHARLES GRIGONIS, CHAIRMAN Schwartz, M.D. Southold Town Building Department JR. RESOLVED, that rights-of-ways, private roads or other means of access to one or more parcels of land or buildings be approved subject to the following requirements: 1. Such access road shall'have a width of not less than 15 feet. 2. Such access road shall be cleared of all trees, brush and other obstructions to a width of 15 feet. 3. Such access road shall be improved in EITHER of the~following 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 th~n 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 blend, or in the alternative, oiled with a minimum of four-tenths of a gallon of road oil per square yard. No building permit shall be issued for the construction of any buildings or structures on the premises to which this access is referred until all of the conditions 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 applicant shall be required to construct such drainage facil- ities as may be recommended by the Town Engineer. 6. That the access road be approved by the Town Engineer as to meeting the above requirements. JUDITH T. TERRY TOWN CLERK REGISTRAR O1: VITAL STATISTICS ToWN OF ! 8UEFOL~ ~tJNTY Southold, L. I., N. Y. 11971 November 10, 1981 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2925 application of Roy Stakey for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Diapproval from the Building Department; and survey of the property. ~.T~eT~' ~ ~ ~ JTT/bn Town Clerk V Enclosures (o) that the project and the likely impacts of the action. It is not expected that add£tionol studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be slgni£icant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely project (d) "' ' In' order to answer the questions in t~ shot( EAF it is assumed preparer will use. currently avaiiabIe information concerning the no( significant. Environmental Assessmen( W±$& project result in a large physical change to the project site or physically al(er more than 10 acres Of' land?. .................... Yes X No 2. Will there be a major change to any unique or -unusual land form found on the sit&? ........... Yes.~ 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 5. ~'/ill project significantly effect drainage - - flo~ on adjacent sites? ' Yes X No 6. %'1ill project affect any threatened or endangered plant or animal species? ........... Yes X No 7. Will project result in o major adverse effekf "' air quality? j Yes X No' 8. Will project have 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 os o critical environmental oreo by a local agency? ....... Yes? 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 O major effect.to existing 12. Will project .regularly cause ' odors, noise,' glare, vibration, or electrical . disturbance OS o result of the project's ion? : Yes X No operat 13. %~ill project have any impact on public health or.safety? .................................... Yes X No 14. Will p~oject affect the existing community by directly causing o growth in permanent population al more than 5 percegt over o one year period or have o major negative effect on the charo~'ter of the community or Yes X No Yes X No 11/6/81 neighborhood? ............ project?...,4q~..~ ....................... PREPARER S SIGNATUR Y REP { '~' // // / ~ RESEHT]NG ARTHUR.. S~{W~RTZ DATE November 6, 1981 (Today's Date) To: Re: Southold Town Board of Appeals Main Road Southo!d, NY 11971 Appeal Application of ARTHUR M. SCHWARTZ Location of ?rooerty- off Wes ' · . · tDhalla Road, Mattltuck, New York 11952 - Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 ~YCRR, PaKt 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 within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is ~ bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* not appear to [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S.D.E.C.] Joy-87 da ]q$] 279th day - 86 days follow TUESDAY J~ OCTOBER OCTOBER l~I WEDNESDAY 1981 280th day - 85 days folio BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of ARTHb'R M. SCHWARTZ~ to the Board of Appeals of the Town of Southold TO: CMARLES BERNER, JR. & wife 1284 Town Line Road, , Hauppauge, NY 11787 JOSEPH G. ~LTNTZ Westphalia Road Box 653 Mattituck, NY 11952 YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER ARTHUR H. PENNY Mattituck NY 11952 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) , . for recognition of access. ). 2. That the prop.erty which.is the subject of the Petition is Iocate. d adjacent to_ your property and is des- cribed as follows: Pr~.vate rmght o~: way off Westphalza t~oad,' Mattztuck, NY 3. That the property which is the subject of such Petition is located in the following zoning district: Residential "A" 4. That by such Petition, the undersigned will request the following relief: Recognition of access pursuant to Section 280A, Town Law. .5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XIV Sec~io~ 100-I41(B) 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. (516) ?g5-1809. 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 Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: November 6, 1981 ARTHUR M. SCHWARTZ Petitioner PostOfficeAddr~s 13 Welwyn Road Great Neck, N.Y. PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS NAME Charles Berner, Jr. Joseph G. Muntz Arthur H. Penny Elsie V. Rasanen Johm Divello & wife Andrew Galgano, Sr. & wife 1284 Town Line Road Hauppauge, N.Y. 11787 Westphalia Road Box 653 Mattituck, N.Y. 11952 Mattituck, N.Y. 11952 Box 191 Mattituck, N.Y. 11952 Box 1402 Mattituck, N.Y. 11952 403 Garfield Avenue West Hempstead, N.Y. 11552 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: : J~NE Zr',~ATLEg , residing at Mattituck, New York, , being duly sworn, deposes and says that on the ~;f~4~ day of November ,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 Cutcho~ue ; that said Notices were mailed to each of said persons by (certified) Sworn t~J~Eo.j'e r~e this ~ _ day~~''' ~eD, oe~ ~.~"~--'/~ot a~ Public RICHARD J. CRON NOTARY PUBLIC. State af New YoH¢ No. 52~5861280 - Suffolk County,~ ComrnL~ion Expires March 30, 19~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of ARTHUR M. SCHWARTZ, to the Board of Appeals of the Town of 5outhold TO: ELSIE V. RASANEN Box 191 Mattituck NY 11952 JOHN DIVELLO & wife Box 1402 Mattituck NY 11952 NOTICE TO ADJACENT PROPERTY OWNER ANDREW GALGANO, SR. 403 Garfield Avenue West Hempstead NY 11552 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) p~i, ~f~~f~y.~~ for recognition of access. 2. That the prop.erty which.is .the subject of the Petition is Iocat.ed adjacent to, your property and is des- cribed as follows: Przvate rzg~t o~ way off Westphalia Koad, Mattltuck, NY 3. That the pro.perty which is the subiect of such Petition is located in the following zoning district: Reszdential "A" 4, That by such Petition, the undersigned will request the following relief: Recognition of access pursuant to Section 280A, Town Law. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article XIV Section 100-141(B) 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. (53.6) 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 Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: November 6, 1981 ARTHUR Mo SCI{WARTZ Petitioner Post Office Address 13 Welwyn Road Great Neck, N.Yo MAPES cREEK . . . _ ,,~illiOm ~84~ Codling ,66 SC~Uif Artl~ur E. ~/' Casonen YOUNG & YOUNG 400 OSTRANDER AVENUE. RIVERHEAD, HEW YORK AL~3EN W, YOUNG HOWARD W, YOUNG SURVEY FOR: RUTH SLOAN GIMBERNAT 4'~¢¢w'~- MATTITUCK SUFFOLK CO., N.Y.