HomeMy WebLinkAbout2917 ~ ~ 108
__J~e~,in a ~ Constance $2917 3
gmanted permission for approval of access along
the e/s of prer0is~? .
Off ~ain~ Roa~,~ C~c~og~ ......
ACTION OF THE ZON~/G BOARD OF APPEALS
Appes] No. 2917 by application Dated October 26, 1981
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTHOLD
To MS. Constance Messina Appelant
Box 730, Main Road
Cutchogue, NY 11935
at a meeting of the Z0~ng Board of Appeals on November 24, 1981 me appeal
was considered and the action indicated below was taken on your
( ) Request for variance due to lack of access to property
) Request for a special exception under the Zoning Ordinance
( ) Request for a variance to the Zoning. Ordinance
(X) Request for alternate access to property
1. SP]~A~2!~K~Fe;foI~.~:~F~%~:~%XF~X~~XaX:F~j~Fa~ption ( ) be
~ted ( ) be denied pursuant to Article .................... Sec~on .................... Subse~ion ....................p~a~aph
.................... of the Zoning ~dinance ~ the deci~on of the Bulldog I~pector ( ) be reversed ( ) be
F,y~Fs~Upon Application of Constance Messina, Box 730, Main Road,
Cutchogue, NY for a Variance for approval of access along the
easterly side of premises located on a right-of-way along the
north side of 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 No. 1000-108-3-part of 008.
(SEE REVERSE SIDE)
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce
hardship because
practical difficulties or unnecessary
(SEE REVERSE SIDE)
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
(SEE REVERSE SIDE)
(c) The variance (does) (does not) observe the apirit of the Ordinance and (would)
chan~e the character of the district because
(SEE REVERSE SIDE)
(would not)
and therefore, it was furth~i dot-~,-~d-~ed variance ( ) be granted (
that the p~evious lt~isiens.o~,~he~Builtitnk-,-7lh'~p--~ ff'~'be confirmed ( ) be reversed.
I ,~'~ '-~ ' ::' ~"CV:~
,
DA?E/ff~) ?3- :LC:U-'/'/b'L3/~'' ,
FORM ZB ~~
GG: lk
) be denied and
~F~ge 2 of 3
Appeal No. 2917 - Constance Messina
Decision Rendered November 24, 1981
The Board made the following findings and determination:
By this appeal, applicant seeks approval of accessover a
private right-of-way located off the north side of State Route 25
in Cutchogue and running northerly along lands of James E. Cross,
more particularly known as County Tax Map District 1000, Section
109, Block 1, Lot 4, for a length of approximately 2,467 feet.
Approval of access was granted May 22, 1975 in Appeal No.
2038, application of Alma Suter granting access to the subject
parcel subject to certain conditions and improvement require-
ments. Applicant desires to utilize the subject right-of-way
(over lands of Cross) inasmuch as it has been improved and main-
tained for safe and easy accessibility. Mr. Cross has agreed to
permit the applicant access of his lands; however, it is the
opinion of this board that the applicant and any successors in
title should have a document in recordable form obtained as one
of the conditions in granting this alternate access road.
In considering this appeal, the board determines that the
variance request is not substantial; that the circumstances
herein are unique; that by allowing the variance no substantial~
detriment to adjoining properties would be created; that no
adverse effects will be produced on available governmental faci-
lities 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.
On motion by Mr. Sawicki, seconded by Mr. Goehringer, it was
RESOLVED, that the application of Constance Messina, in
Appeal No. 2917 be GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:
1. (a) That the applicant obtain from the owner of the
right-of-way over which the proposed access is to be traversed
a document in recordable form, such right-of-way beginning at a
point on the northerly line of Route 25 extending northerly and
thence southwesterly to the applicant's property;
(b) This approval of access is not to be effective until
such document is executed, approved by this board, and recorded in
the Suffolk County Clerk's Office.
2. That the northerly portion of said access which at present
is not surfaced be improved in accordance with the specifications
heretofore adopted by this board on March 22, 1979, and that the
grant of approval of said access shall not take effect until such
approval has been given by this.board.
3. (a) The subject right-of-way must be approved before the
dwelling may be occupied;
(b) No certificate of occupancy shall be issued for the
construction of any buildings or structures, or any existing build-
ings or structures, on the premises to which this access is referred
until all of the conditions set forth herein have been complied with.
4. Where the terrain of the land over which such access road
(CONTINUED ON PAGE THREE)
· rage 3 of 3
Appeal No. 2917 ~ Constances Messina
Decision Rendered November 24, 1981
is traversed is such that drainage problems may occur, the applicant
and/or owner shall be required to construct such drainage facilities
as may be recommended by the Town Engineer.
5. That this access road be approved by the Board of Appeals,
Town Inspector or Town Engineer, or Town Building Inspector, as to
meeting the above requirements.
Location of Property: Off the north side of Route 25, Cutchogue,
NY; Minor Subdivision of Tut's Acres, Subdivision Lot No. 3; County
Tax Map Parcel No. 1000-108-3-part of 008. The subject right-of-way
is more particularly described as being over a parcel land indicated
on the County Tax Map as District 1000, Section 109, Block 1, Lot 4.
Vote of the Board: Ayes:
and Sawicki. (Mr. Grigonis was
tion was unanimously adopted.
Messrs. Doyen, Douglass, Goehringer
absent due to illness.) This resolu-
APPROVED
Box 730
Cutchogue, New York
November 28, 1982
11935
Mr. Gerard P. Goehringer, Chairman
Southold Town Board of Appeals
Main Road
Southold, New York 11971
Dear Sir:
Please be advised that I wish to withdraw the application
for a variance for approval of access along the easterly
side of our premises (#2917 10/26/81). The requirement
of granting a permanent right-of-way through the adjoining
Cross property to run with the land regardless of who owns
the parcel is not judged as a desirable alternative to use
of the right-of-way to the west which attends all four
parcels of this n~nimum subdivision known as Tut's Acres.
Subsequent to filing for this variance, I learned that
the intended western access and right-of-way had been
approved by the Town. Had I been aware earlier of the
approval, it would not have been necessary to seek a
variance in order to obtain a building permit and, ul-
timately, a Certificate of Occupancy.
I am most sorry for the time and inconvenience caused the
Board of Appeals because of this misunderstanding.
Very truly yours,
Constance (Messina) Cross
CC:nam
GERARD P. GOEHRINGER. CHAIRMAN
CHARLES GRIGONIS. JR
SERGE DOYEN, JR
ROBERT .). DOUGLASS
JOSEPH H. SAW~CKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I,, N.Y. llg?l
TELEPHONE (516) 765-1809
October 5, 1982
Mr. and Mrs. James E.
P.O. Box 730
Cutchogue, NY 11935
Cross
Re: Appeal No. 2917
Dear Mr. and Mrs. Cross:
With reference to the final inspection of the above
right-of-way in question, it has been found after inspec-
tion that the most northerly extension to this parcel,
Subdivision Lot No. 3, has not been improved pursuant to
Condition No. 2 of the board's November 24, 1981 decision.
The right-of-way appears to be a width of approximately
15 feet; however the road in this area has not been surfaced
with a minimum depth of 4" of packed three-quarter-inch stone
blend (or the alternative method in 3[bi of the road speci-
fications, attached for your reference).
Also, before a Certificate of Occupancy may be issued
for this parcel,-Condition No. 1 as not been complied with
inasmuch as our office has not received the document to be
recorded giving legal access to this parcel for present and
subsequent owners.
Please let us know when the road has been improved as
noted above, in order that a re-inspection can be made.
lk
Enclosures
cc: Building Department
Yours very truly,
CHAIRMAN ~/
Gerard P. Ooe~ri~er~ Ohairman
Southold Town Board of Appeals
John W. Davis
Heport No. i~l:!
Date~ Angst 27~ 1982
REs
Appeal Mo. 2917
Cons +~nce Messina/Oross
Private a.O.W. (Morm=~v Section)
· ~is section of access road, fr~a the end of the oiled surffacad portion~
consists of a 12 ft. width with a 2"*- surface depth of 3/4" stone blend
for a longth of 150 *_ ft. Fr~a th~s point the road turne and goes sout~eesturly to
the house under construction in Lot Mo. 3. ~here are some s~ll sharp carves in
this aligmaent. ~ road ~aterial here ia sand a~ g~el bankmn with a width of
12 ft. and a depth of 4" to 6". TOe R.O.W. in ~be wooded area has beea cleared
for at least 15 ft.
~e above road materials appear to be on existing original sarface. To date the
road is in fairly good condi~on. ~Mucking and conetruct~on equipment using it
during the house building stage have provided some consolidation. ~he stone
ble~d area shows so~e very ~dnor settlement.
I could see no future drainage problems on this northerly section. ~r. Cross
advised me that the access entrance to his property at the mein road has been
occasionally flooded fro~ the adjacent pond and that trafi~c had to enter a~ exit on
other available roads.
I would recommend that the first 150~- ft. of ~be road in question have an addi-
tional 2" course of ooneolidated 3/4" stone ble~d and that the re~tni~g read
length of bankmn sand and gravel be surfaced with a 4" consolidated course of
the same 3/4" stone blend.
According to ~r. Cross there ~ill be a surfaced parking area at the ne~ house large
e~ough ~o provide a turning area for e~ergency vehicles.
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.h, N.Y. 11~71
TELEPHONE (516) 765-1809
August 23, 1982
Mr. John W. Davis
Sterling Road
Cutchogue, NY 11935
Re: Appeal No. 2917
Constance Messina/Cross
Dear Mr. Davis:
On November 24, 1981 the Board of Appeals granted conditional
approval of access over a private right-of-way (as alternate access)
located off the north side of Main Road, Cutchogue, and extending
to the premises known as Lot No. 3 of Tut's Acres and as shown on
the enclosed County Tax Map.
It is requested that you inspect the subject right-of-way as
to compliance with the board's conditions of November 24, 1981.
Also enclosed for your reference is a copy of the subject decision.
Thank you for your assistance, and if you have any questions,
please don't hesitate to call our office.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By: Linda F. Kowalski, Secretary
Enclosures
Boarcl et Al~l~eais
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CPlARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH PI. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71
TELEPHONE (516) 765-1809
March 4, 1982
~tr. Edward F. Hindermann
Building & Housing Inspector
Town Hall
Southold, NY 11971
Re: Appeal No. 2917
Constance M. Messina
Dear Ed:
We have been in contact with the applicants, and it is
the opinion of the board members that the area in question
and mentioned in your January 29th letter is adequate.
lfk
Yours very truly,
Southold Town Board of Appeals
I;4AIN ErlAD- STATE El'lAD 25 SnUTHnLD, L.I., N,Y, llg?l
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR,
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
JOSEPH H. SAWtCKI
Mr. James E. Cross
Ms. Constance M. Messina
P.O. Box 730
Cutchogue, NY 11935
Re: Appeal No. 2917
Dear Ms. Messina and Mr. Cross:
Recently it has been brought to our attention that the
subject right-of-way has in the past had drainage problems
near the pond area making the access road impassable.
Please let us know whether you have had flooding causing
the access road to be impassable at times, and whether or not
the situation has perhaps been corrected recently.
Thank you for your cooperation.
GPG:lk
Yours very truly,
CHAIRMAN
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
JOSEPH H. SAWlCKt
Southold Town Board of Appeals
MAIN RnAD- STATE RnAD 25 SDUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
February 5, 1982
Mr. James E. Cross
Ms. Constance M. Messina
P.O. Box 730
Cutchogue, NY 11935
Re: Appeal No. 2917
Dear Ms. Messina and Mr. Cross:
Recently it has been brought to our attention that the
subject right-of-way has in the past had drainage problems
near the pond area making the access road impassable.
Please let us know whether you have had flooding causing
the access road to be impassable at times, and whether or not
the situation has perhaps been corrected recently.
Thank you for your cooperation.
GPG:lk
Yours very truly,
CHAIRMAN
TOWN OF SOUTtlOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL. 765-1802
January 29, 1982
Board of Appeals
Town of Southold
Main Road
Cutchogue, NY 11935
Re: Ms. Constance Messina
Appeal # 2917, dated 11/24/81
Gentlemen:
I have read the conditions under this appeal, and I
would like to direct this comment to the 4th and 5th require-
ments.
As I remember, a few years ago we had a spring with sev-
eral days of heavy rain. The water level in the pond rose
and covered the driveway which made the access road impassable.
This would indicate that there is a drainage problem in that
area.
In view of this, perhaps it would be better if the Town
Engineer were to make the final inspection of any improve-
ments he may recommend to construct drainage facilities and
driveway for access, rather than a Building Inspector~ as
stated in condition 5.
Edward ~ Hindermann
Building & Housing Inspector
EFH:ec
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
JOSEPH H. SAWlCKI
Southold Town Board o£Appeals
MAIN ROAD- BTATE ROAD 25 $OUTHOLD, L.I., N.Y. 31971
TELEPHONE (516) 765-1809
BOX 730, N~in Road,
Cutohocjue, 1~' 11.935
29].7
Rendez*od Nowmber 24,
Aooeas ~ Pz"opez'~, &~: Ha:l~ Road, Cut. ehoguo
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 has been approved, please be
sure to return to the Building Department for approval of any
new construction or for a certificate of occupancy of the
premises, as may be applicable.
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,
GG:lk
Enclosure
GERARD P. GOEHRINGER
CHAIRMAN
By: Linda Kowalski
Secretary
,nee" g io =ho d held:
Y~ESOLVED, that all .rights of way, private roads or other means oF access to
one or more p~rcels oF land or buildings shall con[orm to the following requiremen
1. Such access road shall have a width of not less than 15 feet'. -
2. Such access road shall he' cleared of ali trees, brush and other obstructions
to ~ width of 15 feet.
g; Such access road shall be.'impr6ved ir~ either of the following methods:
.. {a) Such artless road Sba{1 be surfaeed with i minimum dept.h *£'-l"inehes
.of packed 3/4 inch stone blend so as to afford access for emergency vehicles. Suc
· stone ble/~d may be either applied to the gr'ouud surface and shaped or the surface
· "I ' :~ . .'"'. ' 'packed blend to a depth of"4 in'che~."
may be excavated to. permit.the.. - application. . . of . .. .
~ lb) The access road shall haw toip soil re.raoved to a depth'of 8 inches·
'and th~n filled with 8 'i{xches of a good grade of stone and s~nd bank run. The
surface shall t'hen be covered with a laye~ of 2'inches to 4 inches of 314 stone blen
or in the alterflative, oiled ~ith a minlmum ot 4/10ths of a' g'allo~ o~ road oil per
square Yard. .' ". '
4. All xvork required as hereinbefore set forth shall be.perforined n~der the
supervisionI of.th~ .e Town'~Engineer and no building permits or certificates of occup:
shall be issued by the Bui{dlng Inspector until the Town Engineer has certified
such access road has-been constructed in accordance with the foregoing require-
meats.
5. Where the'terrain of the land over which such~access road is to traverse is ~
such that drainage prb~.lems may occur, the applicant shall be required to constru,':
such drainage facilities as may be recommended by the Town Engineer.
6. The Board of Appeals may in pas.sing upon any appeal for approval of acres
make any reasonable exception as in its judgment it deems appropriate to the
clrcumstances. '
TOday' s Date: TuEsDAY t
l~[embers Absent~ if any: _ ..
Appeal No.
Agenda Item/~Iatter of:
Type of Variance or Appeal:
Resol'ution made by:
Seconded by:
NOVEMBER 24r 1981
GCharles
rlgonls
( ) ( ) ( )
Action: ( ) Approve as applied for (
( ) Deny as applied for
( ) Deny
( ) Deny without prejudice
( ) Withdrawn without
Prejudice
( )
~%~% ~Robcrt .~ Gerard : Joseph
]3ougmss ~oenrmger ~w~
( )
) Approve with the following conditions:
(1) over
(2) over .................................
( ) Subiect to County Planning referral
( ) Subject to Planning 8oard approval
( ) Subject toD.E.C, regulations ( ) Other:
Findings of the Board are as follows: Improvements With macadam existing 4/5the of
r-o-w along east side.~/.~_c.~./_~.~ ~-~-z~)~
Other:
( ) Not W'ithin the Character of the Neighborhood ( ) Grantin9 the Relief Requested is within
(
(
(
[,
(
(
(
Variance is Substantial in Relation to Code
Not .in. _ha~..gny _with purposes of the Code
Hardship not sufiicient
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:
) CG
)×
(~)'
)
)
() () ()
() () ()
· () () ()
Notes:
spirit of the zoning code
) Relief is not substantial
) Burden of hardship or difficulty shown
) Circumstances are unique
) Variance will not change character of
the neighborhood
Interests of Justice served by granting
Othe]; for Special Excepfiions
()
()
()
(a) That the applicant obtain from the owner of the right-of-way
over which the proposed access is to traverse a r-o-w by a document
in recordable form from the north line of Route 25 northerly and
then southwesterly to the applicant's property.
(b) This approval of access is not to be
is executed, approved by this Board, and
County Clerk's Office.
effective until such document
recorded in the Suffolk
That the northerly portion of said access which at present is not
surfaced be improved in accordance with the specifications here-
tofore adopted by this Board on March 22, 1979, and that the
grant of approval of said access shall not take effect until such
approval has been given by this Board.
RESOLVED, that the applicant be granted approval of access
pursuant to New York Town Law, Section 280-a as applied for in
Appeal No. AND SUBJECT TO THE FOLLOWING CONDITIONS:
1. Such a~cess road must have a width of not less than
5 feet and be Cleared of all trees, brush and other obstruc-
ions to a width of 15 feet.
~ 2. Such access road shall be improved in either of the
foI~owing two methods: --
~ (a) Surface~ with a minimum depth of four inches of
packe~ three-quarter-xnch stone blend so as to afford access
for e~e~gency vehicles. Such stone blend may be either
applie~ to the ground surface and shaped, or the surface may
be excavated to permit the application of packed blend to a
dept~ o~four inches, OR
~(b) Have topsoil removed to a depth of exght' inches
and then ~illed with eight inches of a good grade stone and
sand bank Run. The surface shall then be covered with a layer
of two t?~f~ur inches of three-quarter-inch stone blend, or
~n the alte~ative oiled with a minimum of four-tenths of a
~allon of road oil per square yard·
3. ~o certificate of occupancy shall be issued for the
construction 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
· ~nere the terrain of the land over which such access
road is traversed is such that drainage problems may occur,
the applicant and/or owner, shall be required to construct such
drainage facilities as may be recommended by the Town Engineer.
5. That this access road be approved by the Board of
Appeals, Town Inspector or Town Engineer, or Town Building
Inspector as to meeting the above requirements.
cOUNTY OF SUFFOLK ss:
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 Counh/;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for .................... ~ .................. weeks
successively, commencing on the ........ .-~..~. .....................
............ .-' .........
day of
Sworn to before me this ..............................
.......... ~~..~ ........... , 19...'.~...~.
CLeMeNT J. THO~flPSON
NOTARY ?dBLIC, State d
~. 52-~32~725
A~din~ in Suffolk
~i~sion Exp res ~rch
the Town Law and the Provi,
sions 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{O
Hall, Main Road, Sonthold,
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. Geselle, Lila~
Lane, Cntchogue, N.Y. (by
Wickham, Wickham and Bres-
sler, P.C. as attorneys) for a
NOTICE I~'"HEREBY GIV+~' ~o~. 1~-122-5-12 (&13~
EN, pursuant to Sea,on 267 o 8 40 p.m. App ~c~t~on
~wnrd R. Yanke, 31 Summit
~ve, Smithtown, N.Y. ~r ~
Vat.ce to the ~ning Ordin-
ance, Article II1, Section~
1~-31 nnd 1~-34 for pe~is-
sion to ~nstrn~ new dwelling
with insu~cient ~nt and side
(or reno yard setback at the
~utheasterly ~mer of
wam ~d W~mpum Ways,
~mhold, N.Y.; Nunnokomn
Waters F~ed Subdivision,
Map 5126, ~t 1; Coumy Tax
Map Parcel No. 1~-87-2-3~
~ -8~56-'~.~-'X~p~icatio~ 'of
A~hur M. Schwa~z, M.D. by
Va~ance to the ~n~g ord~-~ ~ch~d J. Cron, Esq., Ma~
ance, Article IlL Sections ~_ Road C?chogue N.Y. for a
100-30A, 100-31 and Bulk' ff Variance to Section 280A,
Schedule for app~vai of ~suf- Subse~ion 3 of New York
ficient ~ontage ~d area of ~ Town Law, ~d A~icle ~,
two pm~sed pmc~ls located .~ Se~ion l~-141(B), for ap-
at the no~ side of L~ac ~ne, ~ pmvai of access. ~cation of
Cutchogue, N.Y.~ Nassau ~ Prope~y: Right.f-way off~
F~s Subdi~sion Filed Map Westphalia Road, Mattituck,
1179, P~ 0f Subdivision ~ ~N.Y.; bounded no~h by How-
No. 105; County Tax Map~.
Panels No. 1~-104-1-16 and
17.
7:~ p.m. Application of
Robe~ V. Rider, Jr., 1520
M~nehaha Boulevard, South-
old, N.Y. for a Variance to the
~ning Ordinance, A~icle HI,
Seaion 1~-32 and Aticie XI,
Se~ion l~-llSE roi permis-,
sion to ~nstru~ acces~
two-car garage stru~ure ~ the
~nty~d area at 1520 Min-
neh~a ~ulevard, Sonthold,
N.Y.; ~unded no~h by Wig-
wam Way; west by Yanke,
Mo~is, Be~, Smith; ~nth by
Hog Neck Bay; east by Min-
neh~a Blvd. and Town of
~uthold; Cowry T~ Map
Parcel Item No. 1~0-87-2-40~
~:35 p.m. Application qf
Main Road, Cutchogue, N.Y,
for a Variance for approval of
access along the westerly side
of premises located on a
right-of-way off Main Road,
Cutchogue, N.Y., New York
Town Law Section 280-a. Loca-
tion of Property: Off Main~
Road, Cutchogue, N.Y.; Minor
[Subdivision of Tnt's Acres,
Subd. Lot NO. 3 County Tax
Map Parcel Item No. 1000-108-
art of 008.
:50 p.m. 'Application of
Vito and Ann Navarra, 6
Barnyard Lane, Levirtown,
N.Y. 11756, for a Variance to
the Zoning Ordinance, Artici~
llI, Section 100-31; Bulk
Schedule, for permission to
construct new dwelling with
insufficient rearyard area at
1300 Bay Haven Lane, South-
old, N.Y.; Bay Haven Sub~
division Filed Map 2910, Lot
34; County Tax Map Parcel
l_te~m_No.' 1000-88-4-_17. ,. '
LEGAL NOTICE
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Town Law and the
Provisions of the Amended
Cede 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, Main Road, Soathold,
NY on Tuesday, November 24,
19/11 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
Wickbam, Wickbam and
Bressler, P.C. as attorneys)
for a Variance to the Zoning
Ordinance, Article III, SCc-
tions 100-30A, 100-31 and Bulk
Schedule for approval of insuf-
ficient 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
Minnebaba Boulevard, South-
nid, NY for a Variance to the
Zoning Ordinance, Article III,
Section 100-32 and Article XI,
Section 100-118E for permis-
sion to con~trHct accessory
two-car garage structure in
the frontyard area at 1520
Minnehaba Boulevard, Seath-
old, NY; bounded north by
Wigwam Way; west by Yanke,
Morris, Bear, Smith; south by
Hog Neck Bay; east by Minne-
haha Blvd. and Town of South-
old; County Tax Map Parcel
Item No. 1000-87-2-40.
~-,,7:35 p.m. Application of
Constance Mess~a, 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 Read, Cut-
chogue, NY, New York Town
Law Section 2S0-a. Location of
Property: Off Main Road, Cut-
chogue, NY; Minor Subdivi-
sion of Tut's Acres, Subd. Lot
No. 3; County Tax Map Parcel
Item No. 1000-108-3-part of 008.
47:50 p.m. Application of
Vito and Ann Navarra, 6 Barn-
yard .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,
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
Mandaru, 269 Prescott Ave-
hue, Staten Island, NY (by
Irving L. Price, Jr., Esq.) for
a Variance to the Zoning
Ordinance, Article III, Sec-
tions 100-30A(1 ), 100-11SE, and
100-31 for permission to con-
struct addition and alteration
to two existing buildings, hav-
ing been denied by the build-
ing inspector for the following
reasons: (1) two seasonal un-
dersized dwelling units exist-
ing prior to zoning on one lot
cannot be permitted as two
[yearround] 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 side yard. Location of
Property: 2370 Bay Avenue,
East Marion, NY; bounded
north by Baltz; west by Tesca
Holding & Realty Corp.; south
by Orient Harbor; east by Bay
Avenue (Tuthill's Path),
County Tax Map Parcel No.
10~}0-31-16-7.
8:15 p.m. Application of
George Alee, Main Read, Cut-
chogue, 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 Read, Cut-
chogue, 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. Wilsbecg, 4175 Oie
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, Mattitock, NY; bound-
ed north and south by Ole Jule
Lane; east by E. Witsberg
ano; west by Wieczecek, Hunt
and Wilsberg; County Tax
Map Parcel No. 1000-122-5-12
(& 13).
8:40 p.m. Application of
Edward R. Yanbe, 31 Summit
Driv_..~mithtown, NY for a
Variance to the Zoning Ordin-
ance, Article 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 Wig-
wam and Wampum Ways,
Southold, NY; Nunnokoma
Waters Filed Subdivision, Map
5126, Lot 1; County Tax Map
Parcel No. 10/10-87-2-35. duly Sworn,
8:50 p.m. Application of I
Arthur M. SchWartz, M.D. by - SUFFOLK
Richard J. Cron, Esq., Main ne
Road, Cutchogue, NY for a nport, in said
Variance to Section 280A, Sub-
section 3 of New York Town
Law, and Article XIV, Section d is ~I printed
10tPl41(B), for approval of ]eekly Times
access. Location of Property:
Right-of-way off Westphalia
Read, Mattituck, NY; bound ....... weeks
ed north by Howard's Branch;
west by Berner; south by ............
Penny & ano.; east by Munz;
County Tax Map Parcel No.
104~-113-9-10.1.
Dated: November 13, 1981. · ...........
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
1TN19-3~14
.... /.~../. l '.., .~.e,~, ~...~. ......
NOT4~¥ PUBLIC, State ol New York
No 470/878, Su~ol~ Cou~ ~
Term ~xfi~res March 30, 19~
TOWN OF SOUT~OLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
November 10,
TEL. 765-1802
1
Board of Appeals
Town of Southold
Main Road
Southold, New York
11971
Re: Appeal #2038 - 6/12/7~ Approval of Access - Alma Suter
Minor Sub #107
Gentlemen:
We have just recently issued a building permit to Constance
M. Messina, Lot #3 of this subdivision.
There has been a temporary improvement made to access
road for this subdivision from the Main Road. This was done with
the Boards recommendation under this appeal. It eppears, that
it was intended to have the ~0' 0" wide section of rosdway, running
East and Westerly tie into the Green Acres subdivision to provide
access to Elijah's Lane. However, this is not possible now since
a Certificate of Abandoment has been filed for lots t3-32 inclusive.
Based on this, the access road from the Main Road will remain
as the principal access to this premises. We have informed Ms. Messina
that R. 0. W. must be improved before dwelling may be occupied.
(Copy letter enclosed) Access road will have to be approved by the
Zoning Board, or in lieu of this, a variance to permit use of
driveway over the James Cross premises for access to lot #3,before
dwelling may be used or occupied.
EFH:jd
_~w~a rs t ru~ /
Z~A Chairman/~embers copies
Building Dept.
Planning Beard
Applicant or his Agent
Copy to
Original for ZBA file
Comments or Reply Requested
Building & Housing Inspector
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
November 9, 1981
TEL. 765-1802
Constance M. Messina
Box 730
Cutcho~e, New York 11935
Re: B. P. #11449 Z - (Tuts Acres)
Dear Mr. Messina:
Enclosed receipt for pa~ent of fee for above permit.
This is to confirm that the permit is issued based on
the temporary road improvement made and that a Certificate of
Occup~cy will be issued, only when road is improved to the
satisfaction of the Zoning Board of ~peals.
E~H:3d
~olosure
CC: Zoning Board of ~peals
Southold Town Board of Appeals -9- May 22, 1975
~ motion by Mr. Bergen, seconded by~. Bergen, it
w~s
RES~VED, Leon Schor a/c Boathou~ Restaurant, Manhanset
Avenue, G~enpo~be GRANTED/~ermission to erect an
off-p.remise~directional sign to~ located on St. Agnes
Church prope~y, Greenport, New/~ork, as applied for, subject
to the f. ollowi~conditions.- //
1. That the~ign me, not be larger'· than 2' x 4'.
/
2. Th~hall be located at least five (5) feet
from any ~ line.. -
3~r~ss~on ¥~su~ject to all rules and regulations
~g signs in~?own of SoutholdI
4 ~..sion .is_ al.s~u.bject to applicant remedying
~ other sign vio±ation~he Town of Southold.
Vo~ of the Board: Ayes:- Messr~ Gzllzspze, Bergen, Hulse.
/
PUBLIC HEARING: Appeal No. 2038 - 8:20 P.M. (E.D.S.T.),
May 22, 1975, upon application of Alma Suter, New Suffolk
Avenue, Mattituck, New York for a variance in accordance with
the Zoning Ordinance, Town Law, Section 280A for approval of
access. Location of property: N/S Main Road, Mattituck, New
York, bounded on the north by Tuthill & Others; east by J.
Cross; south by J. Cross & W. Adel; west by W. Adel. Fee paid
$ 15.
The Chairman opened the hearing by reading the application
for approval of access, legal notice of hearing, affidavits
attesting to its publication in the official newspapers, and
notice to the applicant.
THE CHAIRMAN: The application is accompanied by a survey
indicating that there are four lots in this minor subdivision
and there are approximately 1,354 feet to Main Road. The only
access is by right of way owned by Alma Suter which is 18 feet
wide or better. The map shows 20.85 feet at Main Road.
MR. ROBERT BERGEN: There is a little angle.
MR. HENRY RAYNOR: It has been to the County. The State
reviewed the adjacent property at the same time. The Southold
Town Planning Board has given preliminary approval of the sub-
division.
Southold Town Board of Appeals -10-
May 22, 1975
MR. RAYNOR: I think the problem is that the strip of
property running to the Main Road is parallel.
MR. BERGEN: Has that been approved by the County?
MR. RAYNOR: They didn't like it. I can see where they
would object to having one cut right next to another. (Mr.
Raynor submitted a map to the Board for their inspection).
THE CHAIRMAN: This is Suter property and Suter has an
18 foot access. This road has been cut in and it is con-
tiguous to your right of way. I understand that efforts have
been made between Adel and Suter to coordinate this.
MR. RAYNOR: I have talked' to Mr. Adel three times this
past month. One suggestion would be for use of his right of
way and hook it in here with this 18 foot strip. To use this
we would deed over a strip of "no man's land". Mr. Adel has
before our Board, presently, a sketch plan of a major subdivision
which is this property here (Mr. Raynor indicated location on
the map). He has told us that he would build a road and turn
it over to the Town. We have advised the applicant that we
eVentU~li~ ~-'~-~B~d ~o-~I~-~l-i~-~c~es~-~n=~B th~ Cross property.
We have contacted adjacent property owners to see if they wanted
to purchase additional property. There is too much woodland
for the County to acquire under the Farm Acquisition program.
MR. BERGEN: How many acres?
MR. RAYNOR: About 18 1/2 acres.
MRS. SUTER: It adjoins the Cross property.
MR. RAYNOR: We have tried to work it out using a joint
access ~ethod. Three times Mr. Adel said he would consider
it. The last time he said he was no longer considering it.
That's why we are here pursuing this 18 feet. Should the
Board of Appeals grant access, eventually this would become
non-existant, at the time this road is turned over to the Town.
It makes more sense to eliminate any kind of cut.
THE CHAIRMAN: How is the access going to run to the
major subdivision?
MR. RAYNOR: From Elijah's Lane. This is in the sketch plan.
Mr. Adel wants to have roads built to Town specifications and
then turn them over to the Town. It will probably take two to
three years.
Southold Town Board of Appeals -11- May 22, 1975
THE CHAIRFLAN: So you would like to have us grant you
access over the 18 feet with a proviso that if and when
the road is connected to the Town Road, it will become a "no
man's land". What will happen to that 18 feet?
MR. RAYNOR: He doesn't want it as a gift.
MR. BERGEN: Is he making the road 50 feet?
MR. RAYNOR: Yes. He has cut this up to here (referring
to map).
THE CHAIRMAN: This is the Strip of grass we saw.
MR. RAYNOR: We will abide by whatever your Board thinks
should be done down there.
MR. BERGEN: You would have to remove the topsoil subject
to the approval of the Building Inspector.
.......... (There wa~u~ther, di~s~n~n~time limit !for ~approwal, i ~..,
an~ proper wor~lng i~f~and when ~s ~~~y~f~l~be'
eliminated.
MR. RAYNOR: It would be in the Deed covenants.
THE CHAIRMAN: If this is going to be a Town road you
could get in and out anyway.
MR. RAYNOR: I don't think that will ever be a Town road.
He could get access from his subdivision down here (referring
to map). There are four lots so he would go up to the top lot.
THE CHAIRMAN: I think the best thing we can do is to send
it to the County Planning Commission with the recommendation
that this 18 foot access be granted.
MR. BERGEN: (addressing Mrs. Suter)
of way?
Do you own that right
MRS. SUTER: Yes, with a proviso that this be covenanted
so it will no longer be used as a right of way to Tut's Acres.
MR. RAYNOR: We have stayed away from any real estate
people until we were able to get your comments. We are in
sympathy with the fact that we are going to build it and
abandon it. It will have to be in passable condition for
emergencies. Once we get up inside the development, itself,
we will broaden the road. We want to make sure we can work
with whatever a contractor says. There will only be four housest
up there.
Southold Town Board of Appeals -12- May 22, 1975
THE CHAIRMAN: Is there anyone present who wishes to
speak against this application?
(There was no response.)
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals reserve
decision on Appeal No. 2038, Alma Sute~,New Suffolk Avenue,
Mattituck, New York, pending a review Dy the Suffolk County
Planning Commission. The following findings are to be sent
to the Planning Commission:
IThe Board of Appeals approval of improved
recommends
right of way access up to Lot No. 1 which would be
temporary until the 50 foot road proposed for the center
of Tut's Acres is connected to Town road. At that time
the right of.way will be abandoned. The Board would
set a condition that 15 feet of topsoil be removed from
applicant's right of way from Main Road ~o a point of
interjection of Lots 1, 2, 3, 4 - to be.~mproved by .
approval. ' . .
/
%-- Vote of the Board. Ayes:- Messrs. Gillispie, Bergen, Hulse.
PUBLIC HEARING: Appeal No. 2039 - 8:35 P.M. (E.D.S.T.),
May 22, 1975, upon application of Seatronics, Inc., a/c
Goldsmith's Boat Shop, Front Street, Greenport, New York,
for a variance in accordance with the Zoning Ordinance, Article
III, Section 100-30 & 100-32 as applicable to Article VIII for
permission to erect radio tower in excess of permitted height.
Locatio~ of property: S/S Main Road - E/S Mill Creek, Southold,
N. Y., bounded on the north by Main Road; east by Blue Heron,
Inc.; south by Peconic Bay; west by Mill Creek. Fee paid $ 15.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavits attesting
to its publication in the official newspapers, and notice to
the applicant.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
(There was nq response.)
THE CHAIRMAN: Is there anyone present who wishes
against this application?
(There was no response.)
to speak
Southold Town Board of Appeals -2- June 12, 1975
The legal notice of hearing for this Appeal No. 2038,
which was heard on May 22, 1975, reads as follows:
PUBLIC HEARING: Appeal No. 2038 - 8:20 P.M. (E.D.S.T.)
May 22, 1975, upon application of Alma Suter, New Suffolk
Avenue, Mattituck, New York for a variance in accordance
with the Zoning Ordinance, Town Law Section 280A, for
approval of access. Location of property: N/S Main Road,
Mattituck, New York, bounded on the north by Tuthill & Ors;
east by J. Cross; south by J. Cross & W. Adel; west by
W. Adel. Fee paid $ 15.
After investigation and inspection the Board finds
that applicant requests approval of access for property
located on the north side of Main Road, Mattituck, New York.
The Board recommends approval of improved right of way access
up to Lot No. 1, which would be temporary, until the 50 foot
road proposed for the center of Tut's Acres is connected to
a Town road. The Board has been informed that at that time
the right of way will be abandoned. The Board agrees with
the reasoning of the applicant.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of this property
and in the same use district; and the variance will not
change the character of the neighborhood, and will observe
the spirit of the Ordinance.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED, Alma Suter, New Suffolk Avenue, Mattituck, New
York, be GRANTED approval of eighteen (18') foot access, as applied
for, in accordance with the Board's recommendations to the Suffolk
County Planning Co~mnission, as stated in the May 22nd, 1975 minutes.
This approval is subject to the following conditions:
That 15 feet of topsoil be removed from applicant's
right of way from Main Road to a point of intersection
of Lots 1, 2, 3, 4.
That access be improved by bankrun and sand, subject to
the approval of the Building Inspector.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Doyen.
~ql~mN~ mis mS~U~ - ~mS mST~U~£~I~nOUtO s~ US~ ~ ~W~S O~L~
~--OHsuLT yoU~ ~WYER ~EFOR ' ~ ~
BE~EEN . AI~}]R, res~ at (No N'~r) ~w Suffolk A~n~,
~ttit~, '~ York 11952
t
·
party of the first part., and
Cul;chc~, New Yc~:k
ODNS'ZAN(~ M. MESSI~I%, residing at
11935
(1%to Number) Main Road
03480
REAL ESTATE
$EP I 1981
,TRANSFER 'fAX
,Z~.. SUFFOLK_
No. 4-0// Tut's Acres a~ required by the T~mt
party of the second part,
WITNF. LSSE'rt-1, that the party of thc first part, irt consideration of
'!an ($10.00) dollars,
lawftd money of tt~e United States, crud ot.b~=-r ~ al~bz~ consiclaraticn paid
by the party of the second part, does hereby grant and release unto the party of the second part, the heirs qr
;uccessors and assigns of ~e party of the second part forever,
ALL that ceaain plot, piece or parcel of land, ~{~g- , situate,
lying and being iKXNe at l,~ttituck, Town of Southold, Suffolk County, New York, known and
designated as Lot No. 3 c~x a minor sxRydivision knoval as Tut's Acres, on a map conloiled
2/25/75 by R. Van %~;1, P.D., and licensed tand Su~;eyor, ~ore particularly bounded
~ de~ritx~t ~s follows:
Ail. tilat c~ertaJ.n plot, piece or parcel of lond situated at l&attituck,, Town of
South%old, O3unty of Suffolk, State Of Ne~ York, consisting of approxJn~ately 4.6 acres.
BEG~ at a point on a private road %d~i¢.h point is ~Jae int~-section of Lots
Nol I ea~ No. 4 on Tut's Acres and I'HEIxlC~ r'~m'J.n9 along ,said privat~ road North 63°
40' 40" East a distmuce of 443.24;to a point ,~-~t lar~ of Cross, THENCE rtuu/ing along
said lar~] of Cross £out/q 27~ 27' 00" Fast 434.05 feet to a point and other lau~ls of
Cross ~ TP~I~ r0/nning along otbo~ laI~ls of Cross South 59° 51' 30" West 452.79 feet
to a point and lands now or fora~rly of }~:1, THENCE running So'eth 26° 19' 20" East
&long LcYc No. 4 on Tut's Acres 464.14 feet to the intarsection of said private road,
'~. point or pla°e of BEGINNING.
Toc3et2 er %4th a right of way ~ a fifty (50) foot privat~ road fr~n the
intera~T/c~ of Lots No. 1 and Lots No. 4 on Tut's Acres North 63° 40' 40" E~st
415.00 feet 'i~12E along a Fifty (50) foot privata road Nolyth 26° 19' 20" West
491.85 fc~t to an Eighteen (18) foot'right of way of South t~: .Main Road.
Together with a qL~3rhe_r (1/4) ~ntel~est in an Eighteen (18) foot right of
way keginx%ing at a point ca the lmxt of A~el South 26° 19' 20" East 1354.81 feet to
Main F~nad, %~r~NCE tutoring alca~g Main R~ad North 86~ 00' West 20.88 feet to a point
and lar~l no~ or forr;~_rly of ~el, 'iHENCE r~nning North 26° 19' 20" West approximately
-1350 feet to a private ~oad. ;
/ Party of th~ Second Pa~ agrees to maint~ain Twenty Five (25) feet right of way
Nox~ch 63~ 40' '40" F~ast 443.25 fr°m 1.3_nd Of Cross to inte~-%~ction of Lots No. i and
HENRY E. RAYNOR, Jr., Chairman
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
William F. Mullen, Jr.
Southold, N.Y. 11971
TELEPHONE
765- 1938
TO:
FROM:
DATE:
SUBJECT:
Zoning Board of Appeals
Southold Town Planning Board
October 15, 1981
James Cross, 280-A
Enclosed please find correspondence from the applicant, and sketch
map submitted to our office by James Cross. I have also enclosed a
copy of the letter sent to him re: above, for your information.
If you have any questions, please contact our office.
Yours very truly,
SOUTHOLD TOWN PLANNING BOARD
HENRY E. RAYNOR. Jr., Chairman
JAMES WALL
BENNETT ORLOWSEI, Jr.
GEORGE RITCHIE LATHAM. Jr.
William F. Mullen, Jr.
Southold, N.Y. 11971
TELEPHONE
765- 1938
October 15, 1981
Mr. James E. Cross
Box 730
Cutchogue, New York
11935
Dear Mr. Cross:
Pursuant to your letter of October 9, 1981. As your request for
access to parcel number three, Tut's Acres, falls outside the per-
imeter of this subdivision, it should be referred over to the Zoning
Board of Appeals under section 280-A.
I have taken the liberty to refer your sketch and our request to
their board at this time. Please contact their secretary as soon as
you wish to proceed.
sel
cc: Zoning Board of Appeals
Yours very truly,
Henry E. Raynor, Jr., ar~lman
Southold Town Planning Board
730
Southold Town Board of Appeals
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER N. Y o S.
Joseph H. Sawicki
NOTICE OF DECLARATION
PURSUANT TO
ENVIRONMENTAL QUALITY REVIEW ACT
Appeal No. 2917
Application of: Constance Messina
Location of Property in Question: Off Main Road, Cutchogue.
Tut's Acres Subdivision Lot No. 3.
County Tax Map Item No. 1000- 108-3-part of 008'.
Project Proposed by Appeal Application: Approval of access at
west side of premises. (Previous appeal was granted for access
along east side of subdivision.)
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 project in question is not located within 300 feet of
tidal wetlands.
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. 5, 1981. By Order of the Southold Town Board of Appeals
Copies to: Applicant/Agent
Town Clerk Bulletin Board
Appeal File
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,
Main Road, Southold, NY on Tuesday, November 24, 1981 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.
R7:35 p.m. Application of Constance Messina, Box 730, Main ~
;
oad, Cutchogue, NY for a Variance for approval of access along/
-~ w~y side of premises located on a right_of_way off Main l(
oad, Cutchogue, NY, New York Town Law Section 280-a. Location of
roperty: Off Main Road, Cutchogue, NY; Minor Subdivision of
ut's Acres, Subd. Lot No. 3; County Tax Map Parcel Item No.
O00-108-3-par~ 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 rearward 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.
5 p.m. Applicatio.~rank E. Brophy, 75 Second Street,
New Suf~lk, NY for a V/a~iance to the Zoning Ordinance, Article
III, Sect~n 100-~ Bulk Schedule, for permission to construct
/
deck additio~ dwelling with an insufficient front and side
yard setbac~a~57Second Street, New Suffolk, NY; bounded north
by Gra~ohl ~ ano~est by Martin; south by Wetzel, Grathwohl
- v~ --_ __~0~n~]~- 7e-~gb~Y7SecOnd~treet; County Tax Map Parcel No.
~/ 8-~.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).
~'~0~ p.m. Application of Edward R. Yanke, 31 Summit Drive,
Smithtown, NY for a Variance to the Zoning Ordinance, Article
Page 4 - Legal No~ of Hearing m
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.
~ --~:~O 9~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
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 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
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
Mr. Robert V. Rider, Jr.
Ms. Constance Messina
Mr. and Mrs. Vito Navarra
Irving L. Price, Jr., Esq.
Mr. George Alec
Mr. Frank E. Brophy
Mr. Ernest E. Wilsberg
Mr. Edward R. Yanke.
Richard J. Cron, Esq. for Arthur M.
Copies have been hand delivered to
Suffolk Times, Inc. 11/16/81.
& Bressler, P.C. for Beatrice A. Geselle
for Frank and Nicholas Mandaro
Schwartz, M.D.
the L.I. TraveIer-Watchman and
K
JUDITH T. T, ERRY
TOWN CLERK
REGISTRAR el VITAL STATISTICS
Southold, L. 1., N. Y. 11971
TELEPHONE
(516) 765-1801
October 26, 1981
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
JTT/bn
Enclosures
Transmitted herewith is Zoning A~eal No, 2917 application of Constance
M~s~inn for a variance. Also inc2uOeO 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.
Judith T. Terry ~ Town Clerk
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
To
...C~<..... 7.,5.0 ........................
... ~.o. r: .~...o. ?o.~-~...~.,y:..
PLEASE TAKE NOTICE that your application__dated...-~r"~,~---J~ · .~. ~. ·., 19 .?./. ·
for permit to construct .... .~g~,6f'~.~.Z4,~ .... ~-,~..-..~. t<Tt(~.~..~.7 ................. at
Location of Provertv ~..~.~.O. 5- /~-~.(g-.)' ~. ~~
County Tax Map No. 1000 Section .. [.~.~ ...... Block . .~ ........ ~t ~: .~ ~ ....
Subdivi~ion.~. ~rC ~ ~ap ~o .... ' ............. rotS~ ..........
is returned he,with and disapproved on the followed grounds ~.~./~...
~.~~. .~. . ~,~. . ~. . ,~. . ./~.~,.~. : . . . z,~ ....
RV 1/80
(6) ]-~ order t~ ons¥~ar the qbestions in this short EAF it is assumed
the preparer I?ill use currently available in[orm0~ion concerning thc
projec~ and ~J]g ~iJ;o~y impact5 at the action. 1% is no~ expec%cd
additional studie.~, research or o~her investigations v/ill be undertaken.
(b) ][ any ques(~en Jlas been answered Yes ~hc projec& may be
~ignificcn~ and o completed Enviro~en~al Assessmen% Form is necessary.
(c) ~ all questions have been on~wered Ho it is likely
projec~ ~s.nat
(d) Environmental
~ WZI~ p~'ojecl result-in
a large physical change
to ihe project site or physically alter more
th,.ln 10 acres of land? ........................ Yes
1'Iill there bca major chon.qe to any unique or
-unusual land fo~m £ound on the site? .......... Yes
J No
3. ¥1ill project alter oz- },eve o large' effect on ' .---7
existing body of water? ....................... .__.Y.es..~/,No
4. ¥Iill project J~ave O potentially large impact . · -/
on 9roundv~atcr quality? ..................... .... Yes, ~o
5. ¥/ill project significantly cJ'~ec~ drainage g /N '
...................... Yes o
floYt on odjocent siies? ... '
6. ¥1ill project affect any threatened or ''/N-~ o
endangered plant or animal species? ........... _ Yes
7. ¥1ill project result in o major adverse efifek't ~
on air quality? ............................... YeS ~No
8. f/ill project hove o major effcc[ on visual ' ~
character of the coramuni'[y or scenic views or
vis'los knows to be imporlanl to the community?. Yes o
9. Will project adversely impact any site or ..
structure of historic, prehistoric or
paleontological importance or any site
designated os o critical environmental oreo /
10. ~9ill project hove o major effect on existing /
or fu[urc recreational oppor~uniiies? ......... Yes ~No
11. ¥Iil! projout resuli in .major lroffic problems
oK cause o major c,f[ec~ ia existing / .
tronsporial~on systems? ........... Yes ~No
odors, noise, glare, vibration, or electrical ' J~
disfurboncc o5 a rcsulf of the projecf's .
13. %1ill projccf },ava i , n ~
or .safely? .................................... Yes
14. ¥1ill pfoject affect the exlsiing community by' -
directly causing o growth in permanent
population of more than 5 perce!~t over o one
year period or have o major negative
on the chafe'afar at the community or
neighbor}load? .................................
]s there public controversy col]cernil]g
]5.
project?
(Today's Date)
To:
Re:
Southold Town Board of Appeals
~.la in Road
Appeal Application of
Location of Property:
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 ;~YCRR, Par. t 661, and Article 25 of the New York
State Environmental Conservation La~, 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.*
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs, and approximately feet in
length.
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
[ ]
May be located within 300 feet of tidal wetlands;
and there is no bulkhead or concrete wall existing
on the premises.
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items (*) indicate your property does
not appear to fall within the jurisdiction of the N.Y.S.D.E.C.]
Sincerely yours,
(Signature please)
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
DATE ......................
TO THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, N. Y.
1, (We).~..~....~....~.~..~.. ....... .to..%'.g"l/~..(~,~...of ...~.:.~.0......~...~..i.~..~.: .......................................
Name of Appellant Street and Number
.... ............................................................ ..Y.....H ............ EREBY ^PP L TO
I,) Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
.... ......
Name of Applicant for permit
of -~.....e.~....~..?. ............................... .~.~..~.~ .......... ~.~ .....................
Street and Number Municipali~ State'
(~) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( )
1. LOCATION OF THE PROPERTY ........ .~..a.~.......~..:..~.,..~..~.....~....~l....~., ........... O..~ ................
Street Use District on Zoning Mop
................... 1~2...~ .......................... ~..r.~::..~.~. ~ ?7'-
MopNo. 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.)
3. TYPE OF APPEAL Appeal is made herewith for
( ) A VARIANCE to the Zoning Ordinance or Zoning Map
0¢ ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has) (has noL) been made with respect to this decision
Inspector or with respect to this property.I''-P~'~Y~J-% ~)f'~. ~ ~'(:~1~, ~'~' '~)~t~,~'__
of
the
Building
Such appeal was ( ) request for a special permit 0.)¢.~5'T .5 ii-ie.b--:~~O~ (r]l;~)~"' "~
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
( )
(7')
( )
REASON FOP. APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that r~'~r~r'~-~ .~r-~r~-I-,~-cc (
4
~o~ z~ ~ (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because ~ u.-o~-¢~c~ ~x/~_~ -~-6 ~ ,~q ~r~t~ ~ ~
vicinity of this property and in this use district because
The hardship created is UNIQUE and is not shared by all properties alike in the immediate
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because ~:~nq~ ~ .:/~ ~ ~t~ ~¢>~[d].~
STATE OF NEW YORK
COUNTY
ss
Signature
Notary Public
,~ ELIZABETH ANN NEVILLE
~IOTARY PUBLIC, State of New York
No. 52-8125850, Suffolk
Term Expires March 30, 19
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
to the Board of Appeals of the Town of Southold
TO: ~'~
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (V~ariance~ (Special Exception) (Special Permit) (the following relief:
).
2. That the pr~p/erty~..hich is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: ! v - -' ~./ ~ ~; ~
3. That ~e proper~_:~, wpich., t['" "~, ~'is the subject, t:,.of [such Petition is located in the following zoning district:
4. That by such Petition, the undersigned will request the following relief:: / ~/ ~ ~ , /~ / ; /
5. That the provisions of the Southold Town__Zoning Code applicable to,the relief sought by the under-
signed are Article Sectic~. -F~ ,,, ,,/ X-~_.~ ~F'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 ma), then and there
examine the same during regular office hours. (53.6) 7~5-3.809.
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 Suffo~.~Times~ and in,the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of S~mthoid:~ .dl?i~. ~'~fo~ the'ptlblicatien of such notices; that you or your representat,ve have the
right to appear and b~ Ite~d~t~-~ h~al~ng..
Dated~ /f? ~
Petitioner
Post Off, ce Address
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
P34 6283391
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED--
NOT FOR INTERNATIONAL MAIL
(See Reverse)
SENT TO
STREET AND NO
P.O, STATE A~) ZiP CODE
CERTIFIED FEE
~ SPECIAL DELIVERY
~g~i RESTRICTED DELIVERY
~ ~/~ SHOWTOWHOM {)ATE
~.~~ ~ SHOWTOWHOMANDDATE
~ i DELIVEREDWlTHRESTRICTE[
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) ss.:
(~ _~(~ ~q. r~-,.~ ~' .4~.L,/ , being duly sworn deposes and says that on the s~:z~ day
of /~) ~ nL~' v~/ ', 19 .~:J~___, deponent mailed a true copy of the Notice set forth on th~ ~e-
verse side ~er~of,-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,sessmRnt, roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at ~ c~ ~ ,~(,J,/~o~'~ ¢~J ~ ; that said Notices were mailed to each of said persons by
(certified) (~gistered) mail. '
Sworn to~.[gPebme/th is o~"c~ .
day of /' J ~P::~/,O/:~.~,., , 19
~' Notary Public
ELIZABETH ANN NEVILLE
NOTARy PUBLIC, State of New York
N0. 52-8125G§0, Suffolk County
Term EXPires March 30, 1~1~
~ ":'' '
~ .' .' S~,[ ~"~ ~ ~ ~ ~'~-v,"/
~ ,:,: '. -...: . -. .
~Vsystem for this residence will con- '-:. : .... .. ,"-j~,.. "Al~ :~i~' --
~form to the standard of ~he;Suffolk
...'-C°~tY ~e~men~ Of Health Serve- '
"'~ ,~ ' ~..~: - .: ::.. ,.' , ,, -. ,, '~:~ ': . , ~ .~ . .~ . :
/A -~ ),.,,, .., . - . ~,~t ~Y~-., ..... ~ ..,
At.-z ~neetlng of theSouthotd Town Board of Appeak; he:Id on the~:~ day oi'
~ff~'/ff · 1979.. ..
t~ESOLVED, that all (ights of way, private roads or o~her means or access to
one or more parcels of land or buildings shall conform to the following requirements
1. Such access road shall have a width of not less than 15 feet'. -
2. Such access road shall b~ cleared of all trees, brush and other obstructions
to ~ width of 15 feet.
3.' Such access road shall be.'impr0ved ir~ either of the following methods:
{a) Such acdess road Shall Be surfaced with a minimum depth Of 4'inches
.of packed 3/4 inch stone blend so as to afford access for emergency vehicles. Such
· stone blefld may be either applied to the g~ound surface and shaped or the surface
rna~, be excavated to permx.t the application of packed blend to' a depth of"4 inche~."
(b) The access road shall have top soll re.moved to a depth'of 8 inches'
and then filled with 8 taches of a good grade of stone and send bank run. The
surface shall then be covered with a layer of 2'inches to 4 inches of 3I-5 stone blend
or. in the alterflative, oiled Wiih a minimum of 4/10th~ of a' g'allo~ of road oil per
square yard. . '-
4. Ali work required as hereinbefore set forth shall be,perforined under the
supervisionI of the Town ~gngineer and no building permits or certificates of occupar
shall be issued by the Buliding Inspector until the Town Engineer has certified that
such access road h~/s,been constructed in accordance with the foregoing require-
meats. ·
5. %Vhere the'terrain of the land over which such access road
such that drainage pr651ems may occur, the applicant shall be required to construc~
such drainage facilities as may be recommended by the Town Engineer.
6. The Board of Appeals may in passing upon any appeal for- approval of access
make any reasonable exception as in its judgment it deems appropriate.to the
circumstances. '
RCH2 9
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