HomeMy WebLinkAbout2893TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 2893 by application Dated September 18, 1981
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
Mr. Stanley J. Fliss, Jr.
(Mattituck Air Base, Inc.)
840 Bray Avenue, Mattituck,
NY 11952
To
Appellant
at a meeting of the Zoning Board of Appeals on November 7,
was considered and the action indicated below was taken on your
) Request for variance due to lack of access to property
) Request for a special exception under the Zoning Ordinance
(X) Request for a variance to the Zoning Ordinance Article VII,
( )
1981 the appeal
Special Meeting
Section 100-80
1. ~I~l~AWI~R~XIl$~l~MX~KR~>II~X~X~l~l~X~[~Iaag~lXff~hlXKX~I~eJ~ffO~ ( ) be
granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the ~cision of the Build~g Inspector ( ) be reversed ( ) be
c~l~~ Public Hearing held 10/15/81: Application of Stanley J.
Fliss, Jr. for Mattituck Air Base, Inc., 840 Bray Avenue, Mattituck,
New York for a Variance to the Zoning Ordinance, Article VIII, Sec-
tion 100-80 for permission to construct addition to office building
with an insufficient front yard at 410 Airway Drive, Mattituck; bounded
north by Bagshaw, Wickham; west by Peconic Corp.; south by Park Avenue;
east by Wickham, Parkin, Tandy, Kujawski. County Tax Map Parcel Item
No. 1000-123-1-2.
(SEE REVERSE SIDE)
2. VARIKNCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce
hardship because
(SEE REVERSE SIDE)
practical difficulties
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all propertie*
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)
CG: lk
FORM ZB4
and therefore, it was further determined that the requested variance ( ) be granted (
that the pre' 'ious,.~decisions~,? of~ the Building~.f Inspect~r..~ t' -'~, ( ~be mf~med ( ) be reversed.
R C IV D !L D Y
DATE/ HOUB/D' z~m ~s ~O~D OF ~E~S
,
) be denied and
A public hearing was held and closed concerning this
appeal on October 15, 1981.
The Board made the following findings and determination:
Appellant has appealed to this Board seeking a variance
for permission to construct an addition to the existing office
building at 410 Airway Drive, Mattituck, New York with a setback
from Airway Drive of approximately 15 feet. Existing on the
premises is an extensive building with office, stock rooms,
waiting room, etc. The proposed addition contains an area of
approximately 447 square feet. The addition for office space
as indicated in the appeal application seems most practical,
inasmuch as it is being extended from the existing office area,
however, the Board is concerned about the nearness of the
building to Airway Drive particularly if Airway Drive were
accepted as a Town Road. Information supplied to the Board
indicates that Airway Drive is maintained by the Town.
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 no adverse effects will be produced on
available governmental facilities of any increased population; 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 a variance to the zoning ordinance as
applied for in Appeal No. 2893, application of Mattituck Air
Base, Inc. be allowed SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the setback from the easterly property line be
not closer than 18 feet;
2. That this matter be referred to the Suffolk County
Planning Commission pursuant to Sections 1323, et seq. of the
Suffolk County Charter.
Location of Property: 410 Airway Drive, Mattituck, NY;
County Tax Map Parcel Item No. 1000-123-1-2.
Vote of the Board: Ayes: Messrs. Douglass, Goehringer,
Sawicki and Grigonis. Member Doyen was absent (Fishers Island).
This resolution was unanimously adopted.
APPROVED
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN ROAD- -~TATE ROAD 25 SOUTHOLD, L.I., N.Y, llg?l
TELEPHONE (516) 765-1809
December 14, 1981
Mr. Stanley J. Fliss, Jr.
840 Bray Avenue
Mattituck, NY 11952
Dear Sir:
Attached herewith is a copy of the formal findings and
determination of the Board of Appeals recently rendered and
filed with the office of the Town Clerk concerning your appeal.
In the event your appeal was approved, please be sure
to return to the Building Department for approval of any new
construction or certificate of occupancy or use of the premises,
as may be applicable in your case.
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,
lk
Enclosure
CHARLES GRIGONIS, JR.
CHAIRMAN
~ ~e~ret~ry
COUNTY OF SUFFOL9
DEPARTMENT OF PLANNING
(516) 360-5513
LEE E. KOPPELMAN
November 13, 1981
Town of Southold
Board of Appeals
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter,
the following applications which have been referred to the Suffolk County Planning
Commqssion are considered to be a matter for local determination. A decision of
local determination should not be construed as either an approval or a disapproval.
Applicant Municipal File Number
Mary Ray
Anthony & Helen Nowachek
Matthew McKiernan
~Mattituck Air Base
2862
2871
2874
2893
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald G. Newman
Chief Planner
11788
Today' s Date: ~
· · l~Iembers Absent, if any:
Appeal No.
Agenda Item/blatter of:
Type of Variance or Appeal:
Resolution made by:
Seconded by:
~Charles ~.erqe ~RobertV ~. G~r~'rd 7oseph ./) ~ %n~~_ ,..
~ngonts ~oyen oougmss ~oennnger ~awmKi ~-a., //6~
( ) ( ) ( ) (J) ( )
(~ ( ) ( ) (') ( )
A ction:
( ) Approve as applied for
( ) Deny as applied for
( ) Deny
( ) Deny without prejudice
( ) ~ithdrawn without
Prejudice
( )
V') App_rove with the following cOnditioJs:
~') Subject to/County ~51anning referral ) .Subject to Plannin9 Board approval
) Subject to D.E.C. regulations ( ) Other:
Findings of the Board are as follows:
Other:
(
( )
( )
( )
( )
.(, )
( )
( )
( )
( )
Not Within the Character of the Neighborhood
Variance is Substantial in Relation to Code
Not .Ln hanngny _with purposes of the Code
Hardship not sufHcient
Circumstances are Not Unique
Will set a precedent in the neighborhood
Area is already very congested
Interests of justice served by denying
Vote of the Board: Ayes:
Nay:
Abstain:
Absent:
Notes: C~ ~
)
)
CG (ZsD (.4' RD
( ) () ()
( ) () ()
( ) .() ()
Granting the Relief Requested is within
spirit of the zoning code
Relief is not substmntial
Burden of hardship or difficulty shown
Circumstances are unique
Variance will not change character of
the neighborhood
Interests of Justice served by granting
Othe~ for Special Exceptions
(~aG (V)'JS
() ()
() ()
() ()
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 ~OUTHDLD, L.I.. N.Y. 11971
TELEPHONE (516) 765-1809
Pursuant to Article XIII of the Suffolk County Charter, the
Board of Appeals of the Town of Southold, New York, hereby refers
the following to the Suffolk County Planning Commission:
v/Variance from the Zoning Code, Article~7T, Section /OO-~O
Variance from Determination of Southold Town
Building Inspector
__ Special Exception, Article , Section
__ Special Permit
Appeal No.: 2~q3 Applicant: ~7~'7~'~
Location of Affected Land: /-'/-[0
¥
County Tax Map Item NO.: 1000- /~- ~- ~,
Within 500 feet of:
~ Town or Village Boundary Line
Body of Water (Bay, Sound or Estuary)
__ State or County Road, Parkway, Highway, Thruway
__ Boundary of Existing or Proposed County,
Owned Land
__ Boundary of Existing or Proposed County,
or Other Recreation ~ea
~ Existing or Proposed Right-of-Way of ~y
Channel Owned by the County or for Which The
lished Channel Lines,
State or Federally-
State or Federal Park
Stream or Drainage
County Has Estab-
or __ Within One Mile of a Nuclear Power Plant
__ Within One Mile of An Airport.
COMMENTS: Applicant is requesting permission to
~opies of ~o~ fLl% and related doc&ents enclosed herewith for-~our
review. ~ ~
/bo~- ~, (~/ Secretary, Board o% ADDers
,luI
York, N.Y. 10011 (Robert W.
Gillispie HI as agent), for a
Variance for approval of ac-
cess, New York Town Law
Section 280A. Location of
Property: Right-of-Way off the
east side of South Harbor
Road, Southald, N.Y.; bound-
ed 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:t0 p.m. Application of
Nina S. Fischer, Indian Neck
Lane, Peconic, N.Y. for a
Variance to the Zoning Ordin-
ance, Article HI, Section 100-
31 for permission to construct
addition to existing dwelling
with an Insufficient sideyard
setback at 7130 Indian Neck
Lane, Peconic; bounded north-
west by Cukor; southwest by'
Hog Neck Bay; northeast a~d
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, N.Y. (by
Thomas F. Day, Esq.) for a
Variance to the Zoning Ordin-
ance, Article HI, Section 100-
31 for approval of Insufficient
area for division of premises
located at North Bayview Road
and Ships Drive, Southold,
N.Y.; bounded north by North
Bayview Road; west by Ships
Drive; south by Muilen; east
by Reese. County Tax Map
Parcel Item No. 1000-79-3-9 &
10.
8:35 p.m. Application of
3oseph L. Lizewski, Main
Road, Cutchogue, N.Y. (by
William H. Price, Jr., F. zq.) for
a Variance to the Zoning
OrdInance, Article HI, Section
100-30 for permission to con-
struct professional office
building in an A-Residential
and Agricultural Zone with
existing dwelling use at 29325
Main Road (a/k/a 320 Depot
Lane), Cutchogue; hounded
northwest by Fogarty;. south-
west by Depot Lane; northeast
by Dunne; southeast by Main
Road. County Tax Map Parcels
Nc. 1000-102-2-12.1 and Il.
8:50 p.m~ Application of
Dominick and Rose DeMato,
by William 3. Jacobs as agent,
C/o Box 199B, Depot Lane,
Cutchogue, NY for a Variance
to the Zoning Ordinance,
Article III, Section 100-31 for
' ~perraissinn 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 by Giordano;
south by West Lake; east by
Soverel; County Tax Map
· Club pa_rcel No_._!000~90~1-4,. .... ,No._1000.123-1.2.
L~l.t:,"~
'p~ u!~ gob xo9
· po~!~dobt pue
~6L 'i$~
LEGAL NOTICE
NOTICE IS HEREBY GIV.
EN, pursuant to Section 267 of
the Town Law and the Provi-
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, Aticle
HI, Section 100-32 f? petrols-
sion to constru~ accessory
' building in the ~'ontyard area
at 350 King ,Street,-Orient;
bounded north by Navy Street;
west 'by Shaw and Nolan;
south by King Street; east by
-Tyrreli; County Tax Parcel
Item No. 1000-26-1.27.
7:20 p.m. Application of
Pequash Recreation
sion to utilize B-I General
Business Zoned premises for
manufacturing at 45655 C.R.
4~ and Youngs Avenue, South-
old, N.Y.; bounded north by
Harris and Dickerson; west b
Youngs Avan.; south by C.R.
48; east by Edson. Cou~r~m~
Map Parcel Item No. 100p-55-/
2-16.
9:35 p.m. Application of
Warren E. Hufe, Jr. and Ellen
Hufe (for Future Screw, Inc.),
North Road, Southold, N.Y.
for a Special Exception to the
Zoning Ordinance, Article
VIII, Section 100-80(B) for'
permission to utilize the sub-
ject premises for Light Indus.
trial Use. Location of Property:
45655 County Road 48 (a/k/a
3750 Youngs Avenue), South-
old, N.Y.; oounded north by
Harris and Dickerson; west by
Youngs Avenue; 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. Hufo, Jr. and Ellen
Hufo (for Future Screw, Inc.),
North Road, Soutbold, N.Y.
for a Special Exception to the
Zoning OrdInance, Article
Section 100-118D to use exist.
lng.two-story house for dwell-
lng use in a B-1 General
Business Zone. Location of
Property: 45655 County Road
48 (a/k/a 3750 Youngs Av-
enue), Southold, N.Y.; bound.
ed north by Harris and Dicker-
son; west by Youngs Avenue;
south by C.R. 48; east by
Edson. County Tax Map Par-
cel Item No. 1000-55-2-16.
9:50 p.m. Application of
Peter and Pat Lenz, MaIn
Road, Peconic, N.Y. for a
Variance to the Zoning Ordin-
ance, Article HI, Section 100-
35A for permission to con.
struct gate and fence exceed-
lng maximum height limita-
tions at 38350 Main Road,
Peconic; bounded northwest
by L.I.R.R.; southwest by Otto
Keil Florists; northeast by
Cichanowicz; southeast by
S.R. 25. County Tax Map
Parcel Item No. 1000-85-2-17.
9:55 o.m. Anollcatinn of
.~tnnley .I. FIi~. .'Ir_. for
-Mattituck Air Raset 840 Bray
A..venue~ Mattltuckv N.Y. for a
Variance to the Zonina OrdIn-
ance. Article VIII~ Section
100.80 for permission to con.
struct addition to office build-
,ing with an insuffident front
yard at 410 Airway Drive.
Nlattituck; bounded north b~
Banshawt Wickhami west by
Pevonie Cot?.: south bv Park
Avenue; east by Wickham,'
Parkin, Tandy, Kujawski.
Cmmty Tax Ma? Pa~e~l Item
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in. Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for ............... .~ ....................... weeks
successively, commencing on the ...... ..~.. ..........................
...........................
S' rn to_..~_before me this
Nota~ Public ~
EDITH A.
NOTAmy PUELIC, State
Comini~s~an Expires Merch
3-9 &
8:35 p.m. Application of
Joseph L. Lizewskl, Main
oo,d .C?.tchogue, Ny (by Wil-
uam n. t'rice, Jr., Esq.) for a
Variance to the Zoning Ordi>~.
nance, Article III Section
30 for permission to construct
professional office building in
an A-Residenttal and Agricul-
tural Zone with existing dwel-
ling use at 29325 Main Road
(a/k/a 320 Depot Lane), Cut-
chogue; bounded northwest by
Fogarty; southwest by Depot
Lane; northeast by Dunne;
southeast by Main Rood.
County Tax Map Parcels No.
i000-I02-2:12.1 and 11.
Plied Map 654. County Tax
~.~I~.P Parcel Item No. 100067-
9:25 p.m. Application of
Alan A. Cardinale, Bridge
Lane, Cutchogue, NY for a
Variance to the Zoning Ordi-
nance, Article VII, Sections
100-70 and I00-71, Article VI,
Section 10062, to construct
drive-in roof addition and al-
teration with an insufficient
fruntyard and further reduc-
tion of landscaped area, for
bank use. Location of Proper-
ty: North side of Main Road,
Mattituck, Ny; bounded west ·
by Factory (Railroad) Ave..~,/
hue; south by Main Rood;
north and east by Bethany
ty: 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
ete.,r ~and ~at Leaz, Main/
Article III, Section 100-35A for
permission to construct gate
.and re.ncc exceeding max-
tmum ~eight limitations at
38350 Main Rood, Pecouic;
bounded northwnst by
100-31 for permission to build
new dwelling with insufficient
front and rear yard setbacks
at Lake View Avenue and
Dickinson Street, Pecouib,
NY; bounded by Dick nson
treat; west by Lake View
south by Garrido; east
~ further.identified,/
as Subd vision Lots No. 57 and
58, P.econic Shores Subdivision
8:50 p.m. Application of
L.I.R.R.; southwest by Otto
Dominick and Rose DoMain, Cemetery Association. County Keil Flor sts; northeast by
by William J. Jacobs as agent, Tax Map Parcel Item No. ' Cichanowies; southeast by
c/o Box 199B, Depot Lane, 1000-142-1-26. S.R. 25. County Tax Map
Cutchogue, Ny for a Variance 9:30 p.m. Application of Parcel Item No. 1000-85-2-17.
to t~e Zomng Ordinance, Art-
icle II/, Section 100-31 fo/'.~. Warren E. Hufe, Jr. and Ellen
Hufe, Wells Avenue, Southold,
Permission to construct new - NY (by Rudolph H. Bruer,
dwellthg with insufficient front t,,o~ a ~. o ...... ~ .......":
and rear yard areas at Cedar. ~ Esq.) for a Variance to the
Point Drive West, Southo/d, ';~ Zoning Ordinance, Article VII x7..:~2.~_ . .: .NY for~
Section 100-70 for Permission
NY; bounded north by Cedar ~oc utilize B.i ,General B USiness
Point West; west by Giorda.
no; south by West Lake; east onea premises for manufac- ~;'-L, _d~.~ ~ s~ n to con:-,
by Sovere{; County Tax Map luring at 45655 C.R. 48 and
Parcel No. 1000-90-1-4. Youngs Avenue Southold,
9:00 p.m. Application of NY; bounded north by Harris
~hn~laSRD. Yuelys, 56005 and Dickerson; west by
Youngs Ave.; south by C.R.
,,~,, ,Y nad 48, Greenport, 48; east by Edson. County Tax
2 ~. mr a Variance to the Map Parcel Item No 1000-55-'
aonmg Ordinance, Article/II, '
2-16.
Section 100-32 for Permission
1000-123-I-.2~
~pplieation
to construct accessory build- 9:35 p.m. Application of
lng (garage) in the frontyard Warren E. Hufe, Jr. and Ellen
time ~1or Future Screw loc.), of
area at 56005 County Road 48, aN~rth .Road, Southold Ny for Katherine Ebert for Mattituck
Greenpert, NY; bounded north '
Holding Corp., Matlituck, NY
by L.I. Sound; west by Chu-/ . opecm!ExceptiontotheZon. (by Norman A. Reilly as
dan; south by C.R. 48; east by - ?g .Ordinance, Article VIII, agent), for a Variance for
~ec0on 100-80(B) for portals- approval of access, New York
Alway. County Tax Map Par. sion to utilize the subject
col Item No. 1000-44-1-19. premises for Light Industri,,a! Town Law Section 280A. Leca-
9:15 pm. App/iootion of
lion of Properly: Right-of.
Use. Location of Property. , Way off West Mill Road
Victor L'Eplatteuiec, Box 361,. 45655 County Rood 48 (a/k/a . ,t~,t.,u.ck~ NY, bounded north by
Peconic, NY (by Rudolph H. t' < · . Mat-
Bruer, Esq.) for Variances: 3750 Youngs Avenue) South- ~mRoodandKiHian;westb~f,~.
old, NY bounded north by Leogrande and Cox Nec{~
(1) for approval of access, Harris and Dickersen; west Rood; south by Chudiak, Mc-
New York Town Law Section byYoungsAvo.; southbyC.R. Gunnigle, Zeigler, DeMaula
280-a and (2) to the Zoning , 48; east by Edsou. CountyTax and North Drive; east by
Ordinance, Article III, Section Map Parcel Item No. 1000-55. Mattituck Creak; and near
2-16.
W9:35 p.m. Application oF B°scola. CountyTaxMa~Par.
col Item No. 10~)-106-6-part of
arren E. Hufe, Jr. and Ellen 13.3.
Hufe (for Future Screw /nc ), 10:~5 p.m. Recessed hearing
North Rood Southold, NY for of Matthew McKiernan.
~ SPecial Exception lo the Zou- Dated: October 2, 1981.
mg Ordinance, Article XI, · BY ORDEROF
Section 100-1lSD t~ use exist-
lng two-story house for dwe{- THE SOUTHOLD TOWN
BOARD OF APPEALS
ling use in aB-I General Bnsi- 1T08-3787
. ness Zone· Location of Proper-_-.
ILK
s,,id
ated
inses
COUN'I~' OF SUFFOLK,
STATE OF NEW YORK,
~roy Gus~avson
...................................... ~ing dul~ Sworn,
s~s that ... he. ~ is Printer and Publisher of ~e SUFFOLK
WEEKLY TIMES, a news~per pubBsh~ at Greenport, in said
county~ and ~at the notice, of which ~e ~ne~d is u printed
~py, has been published in the ~d Suffolk Week~ Times
once in each week, ~r one
........................... weeks
suc~ssively ~mmencing on ~e 8th
d~ of 0c~.~~~
Sworn to ~fore me th~s J..~..
daf of fic~.b~ ......... 19.
................. ...........
HELEN K DE V0E
NOTARy PUBLIC, State ol New York
No 4707878, Suffolk County
Southold Town Board of
Appeals
APPEALS 8OARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
T:' 7,:'i, ',' TUT:::LL
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
Joseph H. Sawicki N.Y.S.
NOTICE OF DECLARATION
PURSUANT TO
ENVIRONMENTAL QUALITY REVIEW ACT
Appeal No. 2893
Application of: Mattituck Air Base
Location of Property in Question: 410 Airway Drive, Mattituck
County Tax Map Item No. 1000- 123-1-2.
Project Proposed by Appeal Application: To construct addition to
office building with an insufficient frontyard setback.
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.
Copies to:
2, 1981. By Order of the
Applicant/Agent
Town Clerk Bulletin Board
Appeal File
Southold Town Board of Appeals
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 Laja 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 Laja Orro, 187 Berry Hill
Road, Syosset, NY for a Variance to the Flood Damage Prevention
Law of the Town of Southold, 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 Nina S. 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 prQ~essional office building ' an A-Residential
Legal Notice - Page3
"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 for 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. Yuelys, 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'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 permis-
sion to build new dwelling with insufficient front and rear yard
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, tc
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~ 1981
Southold Town Board of Appeals
bank use. Location of Property: North 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,
by Harris and Dickerson; west by Youngs Ave.;
east by Edson. County Tax Map Parcel Item No.
NY; bounded north
south by C.R. 48;
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,
Southold Town Board of Appeals
1981
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, Jr. for
tituck Air Bas~, 840 Bray Avenue, Mattituck, NY for a Variance
the Zoning Ordinance, Article VIII, Section 100-80 for permia-
n to construct addition to office building with an insufficient
frontyard at 410 Airway Drive, Mattituck; bounded north by Bagshaw,
Wickham; west by Peconic Corp.; by Ave.; by Wickham,
south
Park
east
arkin, 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. Reitly 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 applican~ 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.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR O~ VITAL STATISTICS
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. 2893 application of Stanley J. Fliss,Jr
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 Disapproval from the Building Department, and survey of
the property. ~~.~~ ,~
JTT/bn Town Clerk
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
Date .............. .~.~?..-/.../.Z 19 .'8.!.
File No ................................
....fro....S.T.,5..i':.l.~.~.'?. .... u. .... ..F~/..-~7 ~
?LEASE TAKE NOTICE that your applica,ion dated ............... .~.E. ??... ~, 1~ ~ Z
~o~Uo, o~ ~o~~./'~ ....... d. ~.~ ~ .... ~,~,~mv'~ ........... ~.~ ~ ......
c~,~ ~,~ No. ~0o0 ~o, ....... ~ .~.. ~o~ ........ / ..... Lo~ ...~. ........
S~bdi~o~ ........ ~E ....... F~d ~ No ................. ~t No ..................
. .~ M~... ~.~.. ......... M~ ~.../.~ ~: ~.~ ....................
Building Inspector
RV 1180
IIIS/I~iJCT ! OHS:
that the preparer wi~Z use. currently ovoi~ab}e information concerning the
project nnd the iii:ely ic~pocts of the action. It is not expected that
additional studier,, research o; olher lnvestigations will be undertaken.
(b) If any ques~ian has been answered Yes the pro)cci may be
significant m~d o completed Environmental Assessment Form is necessary.
(c) If all questions hove been ~nswered Ho it is likely
project is not significant.
(d) Env~ronm~nta~ ' ~
~. W&'~ pro)ec~ result ~n o }o~ge ph7s$co} change
to the projecL site' or physically alter more
%'1ill there bco major chon[lC fo eny unique or
-uuusuol lan~ fo~m found on the site? ........
%';ill project alter or hove ~ large effect on
existing body o~ wo[er? .....................
%'/ilt p;o3ect hove a potentially large impact
ground to qt li~y?
%'/ill project significantly cf feet dra%nage
flow on odjacen~ si~es? .....................
%','ill projcc~ affect any ii-,reoPened or
endangered plant or animal species?.. .......
%'/ill project result in o major advcr_,c~ eFfekt
on air cluatii)'? .............................
3.
4.
5.
6.
7.
that this
Yes~
Yes ~No
Yes ~ ''
Yes'~
Yes ~
8. Will project hr:ye a major effect on visual
character of the coramunity or scenic views or
vis'Los known to:be $.mportont to the communitT?'
Y, Uill project adversely impact any site or
. structure of histaric, prehistoric or
Yes ~
15.
PREPARER'S SIGHAIURE .
paleonto!ogicol impo~ ronco or any site
designaLed as o criticc:l environmental oreo
by a local agency? ............ ::..--..r.;-.-..;..~..v Yes.
lO. f/ill project hove o major effect on cxistlhg
or fu[urc rccreationnl opportunitles? ......... Yes
11. %';il! projeci result in .~ojor ira[fie problems
or. cause o major cf[ecl ~o existing
transportotlon systems? ....................... Yes
12. ¥1ill project .reOuiarly cause objectionable
o(]or5I poise, glare, vibration, or elcc[ricol
dimiurboncc os a result of thc project's
opero[zor, ........................ Yes
13. %'1ill projcc~ },ave any in~poct on public health'
or .safety? .................................... Yes~o
14. %'/ill j)~oject affect the cxlsiing community by' -
directly causing o growth iii permanent
population of more than 5 pcrcc~]t over o o~c
year period or hove o major negative
on the character of the communiiy or
neighborhood? ................................. Yes~
Is [hc~'e public contJovcrsy- concerning
project?
(Toda~ ~s Date)
To: Southold To%va Board of Appeals
lie:
:-lain Road
$outho !d, NY 11971
Appeal Application of
Lccation of PrOperty:
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 NYCRR, Part 661, and Article' 25 of the New York
State Environmental Conservation Law, please be advised that the
subject property in the within appeal application:
(please check one box)
May be located within 300 feet of tidal wetlands;
ho%.~ever, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.*
~.!ay be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs, and approximately feet in
length.
[ ]
May be located within 300 feet of tidal wetlands;
.however, constructed along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
[ ]
May be located within 300 feet of tidal wetlands;
and there is no bulkhead or concrete wall existing
on the premises.
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items (*) indicate your property does
not appear to fall within the jurisdiction of the N.Y.S.D.E.C.]
Sincerely yours,
TOWN OF $OUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ ~'~,~
DAT£ .....................
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
,, ...... o, ........ ...............
(We) ....... Na~e a{ Appellant ~t~ ~/'l~i~,~' /¥' [Jr-~,N~ Street and Nu~b~'t[ ....~ .....
...... .............................................................. APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS PROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATEO ......... _.....~ ...............
WHEREBY THE BUILDING INSPECTOR DENIED TO
..... ..................
Nom~e of Applicant for permit
of
.... ~..~..o....~¥...../.~.~.~ ' ................. ~ "'-- ' ~..~.~.,.r.~.¢..~. ............. ~ .....................
Street and Number'~ Municipality State
) PERMIT TO USE
) PERMIT FOR OCCUPANCY
1 LOCATION OF THE PROPERTY ... LC. ~,.¥ .... ~.C. ....................................... ~. ................
6freer Use District on Zoning Map
.... ~. ....... .~..L~.....~ .......................
Mop No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordin,,~n~y number. Do.got quote the Ordinance.)
· _ ~ ~6r~ --~
3 TYPE OF APPEAL Appeal is made herewith for
(.~'g A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 6:2 Cons. Laws
Art 16 Sec. 280A Subsectio~ 3
4 PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
6.T-~request for a variance
a~d was made in Appeal No ................................. Dated ......................................................................
( )
(~-~
( )
is requested for the reason that
-~
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
'~orm Zl~l (Continue on other side)
REASON FOR APPEAL Continued
1, S:I'RICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate
vicinity of this property and in this use district because
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
STATE OF NEW YORK )
) ss
COUNTY C~r~--f~r, IK )
,/' ~
............... ........
Notary Public /
ELI~B~H ANN N~l~E
H~ARY PUBLIC, State ~ New Y~k
Ho. 52-812~50, Suffolk Coun~
Term rx.ir~ M~rch 30.
BOARD OF APPEALS, TOWN OF SOUTHOLD
,~ .h ,In the I~l,atte~ of the,Petition of., :
to the Board of Appeals of the Town of Southold :
NOTICE
TO
ADJACENT
PROPERTY OWNER
.(3/d , 3agio
1. T.,b~.k-i.~ intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request ~ (~arianc~(Special Exception) (Special Permit) (the following relief:
).
2. That the property which is the subiect of the Petition. is located adiacent to your property and is des-
cribed as follows: 'z/JO ~I'/'CJ~-~, ?~-,'u'e. ff~a_3/'/-~¥~c(r,~ ..~.~, _1~ ,/0~3o ~ec/'~,~ [~
3. That the property which is the subject pf such Petition is located in the following zoning district:
.,4. That by such eetition,~he undersigned will request the following relief:
$. That the provisions~..oj~e Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article "~'7~L6--" /~o
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you may then and there
examine the same during regular office hours. (516) 795-1809.
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: . ~'L°ff) t /'~ / qo°' ['.
Peti'~i~ner /
Post Office Address
P28 o7958 4
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIOED--
NOT FOR INTERNATIONAL MAIL
(See Reverse)
SENTTO
POSTAGE C/
SPECIAL DELIVERY
~ S~M AND DAT~
· ~EL~VEREOW]THRESTR~CTE~
PROOF OF MAILING OF NOTICF
iTTACH CERTIFIED MAIL RECEIPTS
ADDRESS
STATE OF NEW YORK
COUNTY OF SUFFOLK )
SS.:
- - / - ' , being duly sworn, deP6ses a~d says that oh'the /~" day
of ,:~,'~l- ,19 ~ ( , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current as~ssmcnt roll o.f. th _~own of Southold; that said Notices were mailed at the United States Post Of-
rice at /'~ c ,~'- ~ C ; that said Notices were mailed to each of said persons by
(certified) (regisl~ered)' mail. - ,
Sworn ,oJ:~fore me this I
~ ~ Notary Public
[LI~B~H ANN HEVI~E
~ARY PUBLIC, ~ate ~ New
No. 52-81258~, Surfak C~
Term ~pire~ ~arch 30,
7-'-¢- × d "
Section I.
Page 2~
September 1~8
__.OP[~/C..E.S - I
Abb\'T~o':,,t "t'O
[0
)LK
I~A(c]
5,2
L5A(C)
6
5. 5A(C
8.0A{d)
FOR PARCEL NO SEE
SEC NO 23-0l- O0
7 ,4-
26
2.2A(c)
6