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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 ,~ ~.~ 0 ~0 / I L D ';6 RD Ti L.D 45 PD. 9(; 0 I '1 I' G' .J O!q!,l b 0 I,~0.514. I -4 m VAN TU¥'L G~ZBE-N PO~'['.