HomeMy WebLinkAbout2900Nelson, Robert W.
11/5/8I
~2900
granted approval of access
4
5
5.7
Off PriVate Road ~7, FI
TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 2900 by application Dated August 28, 1981
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Mr. Robert W. Nelson
17 Commerce Street
Chatham, NJ 07920
12/15/81
DATE .......................
Appellant
at a meeting of the Zoning Board of Appeals on November 5,
was considered and the action indicated below was taken on your
(X) 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
)
1981
the appeal
1. :~l~~~tv~l~l/[l~ave~l~X~r~!r~X~{.twa~X~tion ( ) be
~a~ed ( ) be denied pursuant to ~ticle .................... Section .................... Subsection .... ~ ............... para.apb
.................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
x~n~bvm~xtmm~x Public Hearing held 11/5/81: Application of Robert W.
Nelson, 17 Commerce Street, Chatham, NJ 07920, for approval of access,
New York Town Law Section 280-a. Location of Property: Private Road,
Fishers Island, NY; Fishers Island Map Block 16, Lot 12; bounded
north by F.I. Water Works; east by Private Road; south and west by
Fishers Island Development Co.; County Tax Map Parcel No. 1000-4-
5-5.7.
(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
(SEE REVERSE SIDE)
practical difficulties
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
(SEE REVERSE SIDE)
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
(SEE REVERSE SIDE)
(would not)
and therefore, it was further determinod +~+ ~:k~ rzqac;i
that the p, v~. ~he,~g~ (B~,~oe
CG: lk
FORM ZB
variance ( ) be granted (
!onfirmed ( ) be reversed.
SOUTHOLD IOWN CLEPX
DA3~ ,W/Z/F/ HOUR~
Town Clerk, Town of Southol~
:NG BOARD OF APPEA~LS
) be denied and
By this appeal, applicant seeks approval of access pursuant to
Section 280-a, New York Town Law over a private road approximately
50 feet wide and extending northerly off East End Road (Oriental
Avenue), Fishers Island. Applicant proposes to construct a new
dwelling and without approval of access cannot obtain a building
permit. It is the opinion of this board that the private road is
suitable and adequate for accessibility for fire, police and other
emergency vehicles as well as private vehicles. It is also the
consensus of the Planning Board at a special meeting held on
October 30, 1981 that the access herein is rough-graded and suit-
able for emergency equipment.
In considering this appeal, the Board determines that the
variance request is not substantial; that the circumstances here-
in are unique; that by allowing the variance no substanial detri-
ment to adjoining properties would be created; that the difficulty
cannot be obviated by a method, feasible to appellant, other than
a variance; that no adverse effects will be produced on available
governmental facilities of any increased population; that the
relief requested will be in harmony with and promote the general
purposes of zoning; and that the interests of justice will be
served by allowing the variance.
On motion by Mr. Doyen, seconded by Mr. Sawicki, it was
RESOLVED, that Robert W. Nelson be granted approval of access
pursuant to New York Town Law, Section 280-a, Subsection 3, as
applied for and SUBJECT TO THE FOLLOWING CONDITION:
That the access road be maintained in good condition as exists
under same date hereof, for a length approximately 330 feet along
the private road (#7) to the end(north) of the subject parcel; and
that applicant/owner shall provide this board with a letter certify-
ing compliance herewith at or before issuance of a Certificate of
Occupancy.
Location of Property: Off Private Road #7, Fishers Island, NY;
Fishers Island Map Block 16, Lot 12; bounded north by F.I. Water
Works; east by Private Road; south and west by Fishers Island
Development Co.; County Tax Map Parcel No. 1000-4-5-5.7.
Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer,
Sawicki and Grigpnis. This resolution was unanimously adopted.
APPROVED
Chairman Board of d~ppe~i~
-4A
.... i8- 4B,c
18-3 '
17-6
Lot I
16-3
:"15- I0
Chocorr~ '
_2. lots -
ISLAND
WATER
15 - 9 1
15 -8, ': ;."_'~
POrffon 15-11 -
15-Il
16-5
15-13
'"/15-14
18 -IA
16-2
16-8.,
15- 4
15-3
/
/
15-15
$outhold Town Board of
Appeals
.
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
JOSEPH H. SAWiCKI
December 17, 1981
Mr. Robert W. Nelson
17 Commerce Street
Chatham, NJ 07920
Dear Sir:
Attached herewith is a copy of the formal findings and
determination of the Board of Appeals recently rendered and
filed with the office of the Town Clerk concerning your appeal.
In the event your appeal was approved, please be sure
to return to the Building Department for approval of any new
construction or certificate of Occupancy or use of the premises,
as may be applicable in your case.
If you have any questions, please do not hesitate to call
either our office or that of the Building Inspector at 765-1802.
Yours very truly,
CHARLES GRIGONIS, JR.
CHAIRMAN
lk
Enclosure
By
Secretary
[~ENRY E. RAYNOR, Jr., Chairman
JAMES WALL
BENNETT ORLOWSKI.
GEORGE RITCHIE LATHAM. Jr.
William F. Mullen, Jr.
TELEPHONE
765- 1938
A special meeting was held by the Southold Town Planning Board Friday,
October 30, 1981 at Fishers Island. Present were:
Chairman Henry E. RAynor, Jr.
Member William F. Mullen, Jr.
Member Bennett Orlowski, Jr.
Member James Wall
It was the decision of the board that the Building Inspector release
the following lots for consideration of building permits, by the builds
lng inspectors, regarding maps dated October 1981. (Fishers Island)
Lot #3 Chocomount
Lot #16-12
Lot #15-11 entitled "East Portion"
Lot #25-5
rom information received by the board regarding these proposed sites,
/the names of DeBois, Nelson, Rutherford, and Bogart should correspond
/to these applications. The board reviewed the access to each lot and
noted them as'being rough graded and suitable for emergency equipment.
In agreement were FIDCO directors, Peter Sanger, Mr. Dupont, Mr. Stoepher,
Richard Baker and various citizens from Fishers Island. The maps
' forwarded to the Planning Board office are to be revised to reflect the
corrections and additions on maps dated October 1981. They will be
_. forthcoming from Chandler, Palmer, and King. Covenants and restrictions
are to be forthcoming from FIDCO with regard to properties designated
~on these maps as undetermined properties of FIDCO. The covenants will
/ restrict any dwelling units on these areas and will run in perpetuity
with the property. A resolution is expected by the FIDCO board to this
--effect the first week of December.
It was the concensus of the Planning Board to have Jack Davis inspect
the access to the property of Rose DeMaiot lot #136g On the map entitled
"Cedar Beach Park", and report his findings before the November 9th
meeting.
pg. (2)
10/30/81
Also discussed was a recommendation for an.9'stablishment of a part-
time Building Inspector on Fishers Island because presently all
buildings, other than those on the one macadam road on the east end,
must apply to the ZBA for a 280-A. It would be suggested that the.
Building Department spend several days on Fishers Island to incorpor-
ate into their base maps, which are being worked on through this de-
partment, those roadways found suitable so that building permits
could be applied for directly.
Susan E. Long, Secretary
Southold Town Planning Board
HER/sel
Henry E. Raynor, Jr., Chairman
Today's ]Date: THURSDAY, NOVEMBER 5, 1981
iMembers Absent, if any:
Appeal No.
Agenda Item/bIatter of:
Type of Variance or Appeal:
Resol'ution made by:
Seco n ded by:
Action:
GCrharles ~erae _!~ober't
~gonts
moye/~u~ougt.ass "Gerard
baw1cKl
~oenrmge, r Joseph.
( ) ('~ ( ) ( )
( ~ ~pprove with the ~ollowin~ conditions:
( ) Subject to County Ptanninq referral ~
( ) Subject to Planninc 8oard approval
( ) Subject to D.E.C. re~lations ( ) Other'
) Approve as applied for
Deny as applied for
Deny
Deny without prejudice
Withdrawn without
Prejudice
Findings of the Board are as follows:
Othe~
( ) Not Within the Character of the Neighborhood ( ) Grantin9 the Relief Requested is withi~
Variance is Substantial in Relation to Code
Not .in ~.o. ny _with purposes of the Code
Hardship not suflicient
Circumstances are NOt Unique f
Will set a precedent in the neighborhood
Area is already very congested
Interests of justice served by denying
Vote ofthe Board:
Ayes: ( )'~CG
Nay: ( ) ( )
Abstain: ( ) ( )
Absent: ( ) . ( )
Notes:
(
(
(
()
()
()
spirit or the zoning code
Relief is not substantial
Burden of hardship or difficulty show~
Circumstances are unique
Variance will not change character ol
the neighborhood
Interests of Justice served by grantin
Othem for
()
()
()
Special Exceptions
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 County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for ................... .~ ................... weeks
successively, commencing on the ....... ..~....~. ......................
doy ~ ........... ~ ..................... ~ 9..~.~.. ~--~
Sworn to before me this ......... ~ ................. day of
........... ...~.~_~_~.. ............... , ~9...~.k
CLEMENT J, THOMPSON
NOTARY PUOLIC, State of New York
rio. $2-9321725
Residing in Suffolk County
C~mmissi0n Expires March ~,
NOTICE IS HEREBY GIV=;
EN, pursuant to Section 267 of' _
the Town Law and the Pro.
visions of the Amended Code
of the Town of Southold, a'
Regular Meeting and the
following public hearings will
be held by the Southold Town
Board of Appeals at the
Southold Town Hall, Main
Road, Southold, N.Y. on
Thursday, November S, 1981
commencing at 7:15 o'clock
p.m. as follows: ,lb
7:15 p.m. Application of
Isabel DuBois by Gada Con-
tracting, Drawer B. Ftshers
Island, N.Y. 06390, for-ap-
proval of access, New York./
Town Law Section 280;A.
Location of Property: Privet~
Road, Fishers Island, N.Y.;.
Chocomount Lot 3; bounded
north by Musser and Private
Road; east by F.I. Watnr
Works; south and west by
Fishers Island Development
~ Co.; County Tax Map Parcel
Item No. 1000-4-5- part of
parcel' 5.
7:20 o.m.-Avolication of
Robert W. Nelson, 17 Com-
merce Street, Chatham, N.J.
07920, for approval of access~
New York Town Law Section
280-A. Location of Propert}':
Private RoadI Fishers Island,
~I.Y.; Fishers Island MaD
Block 16, Lot 12; bounded,/
north by F.I. Water Works;
east b~' Private Road; south
and west by Fishers Island
Development Co.; County Tax
Map Parcel Item No. 100~-4-
5-5.7.
7:25 p.m. Application of
Marjorin S. Dunaway, by
James V. Righter, 58 Winter
Street, Boston, Ma 02108, for
t Variance for: 1) approval of
access, New York Town Law
Section 280A; and 2) for per-
mission to construct pool in
sideyard area; and 3) for
permission to construct ten-
foot high tennis court fence.
Location of Property: Private
Road, Fishers Island, N.Y.;
Fishers Island Map Block
Sound; east by. Williamson;!~
~byy; Private Road; west by
County Tax Map'
Parcel hem Nod. 1000.3.1-3.
7:30 p.m. Application of
Robert A. and Bettyann Her-
reros, 3000 Delmar Drive,
Laurel, N.Y. for a Variance to
the Zoning Ordinance, Article
III, Section 100-31 for permis-
sion to construct addition to
dwelling with an insufficient
frontyard setback. Location of
Property: 3000 Delmar Drive,
Laurel, N.Y.-; Laurel Country
1/states Map No. 5486, Lot 37;
County Tax Map Parcel Item
No. 1000-125-4-13.
7:35 p;m. Application of
~William A. Rusch, 50550 Main
Road, Southold, N.Y. for a
Variance to the Zoning Ordin-
ance, Article 111, Section 100-
32B for permission to con-
struct raised deck on pool with
an insufficient sideyard set-
back at 50550 Main Road,
Southold, N.Y.; bounded north
by Main Road, east by Baker,
south by Christian Science
Society and Southold School
District; west by Christian
Science Society, County Tax
Map Parcel Item No. 1000-70-
2-13.
7:45 p.m. Application of
Wilbur A. Baldwin, by Wil-
liam S. Midgley, Jr. as agent,
--~200 Skunk Lane, Cutchogue,
/N.Y. for a Variance to the
Zoning Ordinance, Article
' Section 100-32 for permission
to construct garage in the
frontyard area. Location of
Property: 1725 Nassau Point
Road, Cutchogue, N.Y.; more
particularly known as Nassau
Point Club Properties LOt No.
1; County Tax' Map Parcel'
Item No. 1000-104-13-2.4.
7:55 p.m. Application of
Richard and Joan Zeisler, c/o
Philip J. Ofrias, ,Ir., Esq., 737
Roanoke Avenue, Riverhend,
N.Y. 11901 for a Variance to
the Zoning Ordinance, Article
111, Section 100-31 for approval
of walkways around the peri-
meter of applicants' house
"~ with reduced frontyard and
' sideyard setbacks at 700 Jack-
son Landing, Mattituck, N.Y.;
Jackson Landing Subdivision
Lot. No; 9, Subdivision Map
No. 5280; County Tax Map
Parcel Item No. 1000-113-4-9.
8:05 p.m. Application of
Thomas J. DeBorger, by Ru-
dolph H. Bruer, Esq., Main
Road, Southold,, N.Y.-for a
Variance to the Zoning Ordin-
ance. Article III, Section 100-
31 and Bulk Schedule for
permission to construct new
dwelling with insufficient front
and. side yard setbacks and'
exceeding the maximum per-
mitted 20% lot coverage.
Location of Property: North
~'side of North Road, Southold,
N.Y.; bounded north by L.I.
Sound; west by Bloom; south
by C.R. 48; east by McMann;
County Tax Map Parcel Item
No. 1000-44.2-15,
8:20 p.m. Application of
William and Margaret Killian,
CLE~T J. THOMPSON
NOTARY PUBLIC, State of New York
I/o. 52-9321725
Re~ding ~n Suffolk Counly ,f~
Commission Expires March 30, 19~
Variance to the Zoning Or-
dinance, Article IIL Section
100-32 for permission to eon-
struet accessory structure in
the sideyard area at 780
Fishermen's Beach Road, Cut-
chogue; Peconic Bay Proper-
ties, Inc. Filed Subdivision
Map No. 286, Lots 26 and part
af 27; County Tax Map Parcel
Item No. 1000-111-1-16.
9:15 p.m. Application' of
Frank Carran, by Peter' R.
Stoutenburgh, 307S Indian-
Neck Lane, Peeonic, N.Y. fora
Variance to the Flood Damage
Prevention Law, Chapter 46:8,
Sections 46-17. 46-18, 46-19,
for permission to construct
improvemems exceeding 50%
"'of the market value of existing
structure, with base flo~r
below the 8-foot rcinhnum ele-
vation above mean sea level in
a Zone A, at 780 Fishermen's
Beach Road, Cutchogue, N.Y.;
Peconic Bay Properties, Inc.
Filed Subdivision Map No.
286, Lots 26 and part of Lot 27;
County Tax Map Parcel Item
No. 1000-111-1-16.
5100 Private Road off Mill.
Southolcl Town Board of Appeals
.
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
TERRY TUTHILL
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
October 23, 1981
Mr. Royal R. Reynolds
Public Health Engineer
Suffolk County Health Department
County Center
Riverhead, NY 11901
Re:
Appeal No. 2908 - Isabel DuBois & No. 2900 - Robert W. Nelson
Location of Properties: Private Road, Fishers Island
Projec~ Proposed: Approval of Access Road prior to
Receiving Building Permit to Construct New Dwellings
Dear Mr. Reynolds:
On November 5, 1981 a public hearing will be held ~ncerning
the above application for approval of access in order t~applicant
may obtain a building permit to construct a new dwelling.
The Board has requested that you~be advised of the within
application for the proposed new project. There appears to be
the Fishers Island Water Works adjoining the subject premises
for which the Board feels you may have concern.
Please relay your comments at your earliest convenience.
Thank you for your assistance.
CG:lk'
Enclosures
Yours very truly,
ES GRIGONIS,/JR.
CHAIRMAN
(By Linda Kowalski, Secretary)
Legal Notices
LEGAL NOTICE
NOTICE IS HEREB
GIVEN, pursoon~ to Section
267 of the Town Law and the
Provisions of the Amended
Code of the Town of Southold,
a Regular Meeting and the
following public hearings will
be held by the Southold Town
Board of Appeals at the South-
old Town Hall, Main Road,
Southold, NY n Thursday,
November 5, 1981 commenc-
lng at 7:15 o'clock p.m. as
follows:
7:15 p.m. Application of
Isabel DuBois by Gada Con-
tracting, Drawer B, Fishers
Island, NY 06390, for approval
of access, New York Town
Law Section 280-A~ Location of
Property: Private Road, Fish-
ers Island, NY; Chocomount
Lot 3; bounded north by Mus-
set and Private Road; east by
F.I. Water Works; south and
west by Fishers Island De-
velopment Co.; County Tax
Map Parcel Item No. 100~4-5-
part of parcel 5.
7:20 p.m. Application of
[Robert W. Nelson, 17 Com-
rmerce Street, Chatham, NJ
07920, for approval of access,
New York Town Law Section
2~0-A. Location of Property:
Private Rood, Fishers Island,
NY; Fishers Island Map Block
16, Lot 12; bounded north by
F.I. Water Works; east by
Private Rood; south and west
by Fishers Island Develop-
ment Co.; County Tax Map
Parcel Item No. 1000-4-5-5.7.
7:25 p.m. Application of
Marjorie S. Dunaway, by
James V. Righter, 58 Winter
Street, Boston, MA 02108, for a
Variance for: (1) approval of
access, New York Town Law
Section 280A; and (2) for
permission to construct pool in
sideyurd area; and (3) for
permission to construct ten-
foot high tennis court fence.
Location of Property: Private
Road, Fishers Island, NY;
Fishers Island Map Block 25,
Lot 9; bounded north by F.I.
Sound; oast by Williamson;
south by Privst~ Road: west
b' ~gley; County Ta~ Map
P, ~1 Item No. 1000-3-1-3.
7:30 p.m. Application of
Robert A. and Bettyann Her-
reros, 3000 Delmar Drive,
Laurel, NY for a Variance to
the Zoning Ordinance, Article
I~I, Section 100-31 for permis-
sion to construct addition to
dwelling with an insufficient
frontyard setback· Location of
Property: 3000 Delmar Drive,
Laurel, NY; Laurel Country
Estates Map No 5486, Lot 37;
County Tax Map Parcel Item
No. 1000-125-4-13.
7:35 p.m. Application of
William A. Rusch, 50550 Main
Road, Southold, NY for a
Variance to the Zoning Ordin-
ance, Article III, Section 100-
32B for permission to con-
struct raised deck on pool with
an insufficient sideyard set-
back at 50550 Main Road,
Southold, NY; bounded north
by Main Road, east by Baker,
south by Christian Science
Society and Southold School
District; west by Christian
Science Society. County Tax
Map Parcel Item No. 10~0-70-
2-13.
7:45 p.m. Application of
Wilbur A. Baldwin, by William
S. Midgley, Jr. as agent, 200
Skunk Lane, Cutchogue, NY
for a Variance to the Zoning
Ordinance, Article III, Section
100-32 for permission to con-
struct garage in the frontyard
area. Location of Property:
1725 Nassau Point Road, Cut-
chogun, NY; more particular-
ly known as Nassau Point Club
Properties Lot No. 1; County
Tax Map Parcel Item No.
1000-104-13-2.4.
7:55 p.m. Application of
Richard and Joan Zeisler, c/o
Philip J. Ofrias, Jr., Esq., 737
Roanoke Avenue, Riverhead,
NY 11901 for a Variance to the
Zoning Ordinance, Article III,
Section 100-31 for approval of
walkways around the perime-
ter of applicants' house with
reduced frontyard and side.
yard setbacks at 700 Jackson
Landing, Mattltack, NY;
Jackson Landing Subdivision
Lot No. 9, Subdivision Map No.
_5280; County Tax Ma0 Parcel
Item No. 1000-1r -
8:05 p.m. Apv_,catiun of
Thomas J. DeBorger, by Ru-
dolph H. Bruer, Esq., Main
Road, Soutbold, NY for a
Variance to the Zoning Ordin-
ance, Article III. Section 100.
31 and Bulk Schedule for per-
mission to construct new dwel-
ling with insufficient front and
side yard setbacks and ex-
eeeding the maximum per-
mitted 20% lot coverage. Lo-
cation of Property: North side
of North Road, Soutbold, NY;
bounded north by L.I. Sound;
west by Bloom; south by C.R.
40; east by McMann; County
Tax Map Parcel Item No.
1000-44-2-15.
8:20 p.m. Application of
William and Margaret Killian,
5100 Private Rood off Mill
Road, Mattitack, NY 11952 for
a Variance to the Zoning
Ordinance, Article III, Section
100-32 and Article XI, Sectio0
100.118D for permission to
construct accessory building
in an area other than the
required rearyard. Location
of Property: 5100 Private
Road off Mill Road, Matti-
tuck; bounded north by
Holmes; west, south and east
by Mattituck Holding Co.;
County Tax Map Parcel Item
No. 1000-106-6-5.
0:30 p.m. Application of
Allan C. Dickersoa, Box 54,
Main Rood, Mattituck, NY for
a Variance to the Zoning
Ordinance, Article VII, Sec-
tion 100-71 and Bulk Schedule
for permission to construct
addition to existing building
with an insufficient sideyard
setback in a B-1 General Busi-
ness District. Location of Pro-
perty: Northwest corner of
Main Road and Wickham Ave-
nue, Mattituck; bounded north
by Case; west by Winiarz Es-
tate and North Fork Liquor
Corp·; south by State Route
25; east by Wickham Avenue;
County Tax Map Parcel Item
No. 1000-140-3-34.
9:40 p.m. Application of
Dorothy C. Fleet, 5 Carmel
Ridge Estates: Trumbull, CT
06611, for a Variance to the
Zoning Ordinance, Article III,
Sect
Bull~
insu
ce] i
sion
Peff
Lots
Mai
and
kno,
qua:
NY.
3:
j.Derc~j duly Sworn,
the.,
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LEGAL NOTICE
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Provisions of the Amended Code of the Town of Southold,
a Regular Meeting and the following public hearings will be held by
the Southold Town Board of Appeals at the Southold Town Hall, Main
Road, Southold, NY on Thursday, November 5, 1981 commencing at
7:15 o'clock p.m.- as follows:
7:15 p.m. Application of Isabel DuBois by Gada Contracting,
Drawer B, Fishers Island, NY 06390, for approval of access, New
York Town Law Section 280-A. Location of Property: Private Road,
Fishers Island, NY; Chocomount Lot 3; bounded north by Musser and
Private Road; east by F.I. Water Works; south and west by Fishers
Island Development Co.; County Tax Map Parcel Item No. 1000-4-5-
part of parcel 5.
/ p.m. Application Rober__t W_~. Nelson, 17 Commerce Street,~
7:20
of
Chatham, NJ 07920, for approval of access, New York Town Law Sectio~
_
~ 28.0~-A. Location of Property. Private Road, Fishers Island, Ny; ~
Fishers Island Map Block 16, Lot 12, bounded north by F.I. Water
Works; east by Private Road; south and west by Fishers Island
lopment Co.; County Tax Map Parcel Item No. 1000-4-5-5.7.
7:25 p.m. Application of Marjorie S. Dunaway, by James V.
Righter, 58 Winter Street, Boston, MA 02108, for a Variance for:
(1) approval of access, New York Town Law Section 280A; and
(2) for permission to construct pool in sideyard area; and
(3) for permission to construct ten-foot high tennis court fence.
Location of Property: Private Road, Fishers Island, NY; Fishers
Island Map Block 25, Lot 9; bounded north by F.I. Sound; east by
Williamson; south by Private Road; west by Bagley; County Tax
Map Parcel Item No. 1000-3-1-3.
7:30 p.m. Application of Robert A. and Bettyann Herreros,
300Q Delmar Drive, Laurel, NY for a Variance to the Zoning Ordinance,
Article III, Section 100-31 for permission to construct addition to
dwelling with an insufficient frontyard setback. Location of
Page 2 - Legal Notice
Board of Appeals Regular Meeting of November 5,
1981
ProPerty: 3000 Delmar Drive, Laurel, NY; Laurel Country Estates
Map No. 5486, Lot 37; County Tax Map Parcel Item No. 1000-125-4-13.
7:35 p.m. Application of William A. Rusch, 50550 Main Road,
Southold, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-32B for permission to construct raised deck on pool
with an insufficient sideyard setback at 50550 Main Road, Southold,
NY; bounded north by Main Road, east by Baker, south by Christian
Science Society and Southold Scho61 District; west by Christian
Science Society. County Tax Map Parcel Item No. 1000-70-2-13.
7:45 p.m. Application of Wilbur A. Baldwin, by William S.
Midgley, Jr. as agent, 200 Skunk Lane, Cutchogue, NY for a Variance
to the Zoning Ordinance, Article III, Section 100-32 for permission
to construct garage in the frontyard area. Location of Property:
1725 Nassau Point Road, Cutchogue, NY; more particularly known as
Nassau Point Club Properties Lot No. 1; County Tax Map Parcel
Item No. 1000-104-13-2.4.
7:55 p.m. Application of Richard and Joan Zeisler, c/o
Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY
11901 for a Variance to the Zoning Ordinance, Article III, Sec-
tion 100-31 for approval of walkways around the perimeter of
applicants' house with reduced frontyard and sideyard setbacks
at 700 Jackson Landing, Mattituck, NY;
Lot No. 9, Subdivision Map No. 5280;
NO. 1000-113-4-9.
Jackson Landing Subdivision
County Tax Map Parcel Item
8:05 p.m. Application of Thomas J. DeBor~er, by Rudolph H.
Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning
Ordinance, Article III, Section 100-31 and Bulk Schedule for per-
mission to construct new dwelling with insufficient front and side
yard setbacks and exceeding the maximum permitted 20% lot coverage.
Location of Property: North side of North Road, Southold, NY;
bounded north by L.I. Sound; we~t by Bloom; south by C.R. 48; east
by McMann County Tax Map Parcel Item No. 1000-44-2-15.
Page 3 - Legal N~ce ~
Board of Appeals~egular Meeting of November~' 1981
8:20 p.m. Application of William and Margaret Killian, 5100
Private Road off Mill Road, Mattituck, NY 11952 for a Variance
to the Zoning Ordinance, Article III, Section 100-32 and Article
XI, Section 100-118D for permission to construct accessory
building in an area other than the required rearyard. Location
of Property: 5100 Private Road off Mill Road, Mattituck;
bounded north by Holmes; west, south and east by Mattituck
Holding Co.; County Tax Map Parcel Item No. 1000-106-6-5.
8:30 p.m. Application of Allan C. Dickerson, Box 54, Main
Road, Mattituck, NY for a Variance to the Zoning Ordinance,
Article VII, Section 100-71 and Bulk Schedule for permission
to construct addition to existing buildi'ng with an insufficient
sideyard setback in a B-1 General Business District. Location
of Property: Northwest corner of Main Road and Wickham Avenue,
Mattituck; bounded north by Case; west by Winiarz Estate and
North Fork Liquor Corp.; south by State Route 25; east by Wick-
ham Avenue; County Tax Map Parcel Item No. 1000-140-3-34.
8:40 p.m. Application of Dorothy C. Fleet, 5 Carmel Ridge
Estates, Trumbull, CT 06611, for a Variance to the Zoning Ordi-
nance, Article III, Sections 100-30A and 100-31, Bulk Schedule,
for approval of insufficient width of one parcel in a proposed
two-lot division, premises described as Pequash Acres Subdivision
Lots No. 3 and 4; County Tax Map Parcels No. 1000-103-12-7 and
1000-137-2-20; further known as 3505 and 3655 Pequash Avenue,
Cutchogue, NY. ~
8:45 p.m. Application of Demos Menakis., by Richard J. Cron,
Esq. for a Variance to the Zoning Ordinance, Article III, Sec-
tion 100-30 and Bulk Schedule, for permission to construct new
dwelling with an insufficient setback from Circle Drive at
980 Aquaview Avenue, East Marion, NY; bounded north by Aquaview
Avenue; west by Circle Drive and Davies; south by Davies; east
by Nicholis; County Tax Map Parcel Item No. 1000-21-3-11.
8:50 p.m. Applications of William and Helen Robison, 31 Rock-
ledge Place, Cedar Grove, NJ by Abigail A. Wickham, Esq., for
Page 4 - Legal Notice
Board of Appeal~ Regular Meeting of November 5,
1981
Variances to the Zoning Ordinance: (1) Article III, Sections
100-30A and Bulk Schedule for approval of insufficient area and
width of two proposed parcels, and (2) Article III, Section
100-31 and Bulk Schedule for permission to construct new dwell-
ing with an insufficient frontyard setback. Location of
Property: Northwest corner of Wavecrest Lane and Saltaire Way,
Mattituck; Salt Aire Estates Filed Map No. 4682, Lots 17 and 18;
County Tax Map Parcels No. 1000-100-1-14 and 15.
9:00 p.m. Application of Ronald Roberts, by Glenn F. Heidt-
mann, Cox Lane, Cutchogue, NY for a Variance to the Flood Damage
Prevention Law, Section 46-19B for permission to construct new
dwelling in a V-4 Flood Zone with base floor below the
ll-foot minimum elevation above mean sea level. Location of
Property: South side of Cedar Point Drive East, Southold, NY;
Cedar Beach Park Subdivision Map No. 90, Lot 151; County Tax
Map Parcel Item No. 1000-90-2-10.
9:10 p.m. Application of Frank Curran, by Peter R. Stouten-
burgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the
Zoning Ordinance, Article III, Section 100-32 for permission to
construct accessory structure in the sideyard area at 780
Fishermen's Beach Road, Cutchogue; Peconic Bay Properties, Inc.
Filed Subdivision Map No. 286, Lots 26 and part of 27; County
Tax Map Parcel Item No. 1000-111-1-16.
Page 5 - Legal Notice (Instructions)
Board of Appeals Regular Meeting of November 5, 1981
9:15 p.m. Application of Fran____~k C~urra___n, by Peter R. Stouten- ~--
burgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the
Flood Damage Prevention Law, Chapter 46-8, Sections 46-17, 46-18,/
46-19, for permission to construct improvements exceeding 50%
-of the market value of existing structure, With base floor bel~
the 8-foot minimum elevation above mean sea level in a Zone A,
780 Fishermen's Beach Road, Cutchogue, N~;' Peconic Bay ~
Properties, Inc. Filed Subdivision Map No. 286, Lots 26 and par
Lot 27; County Tax Map Parcel Item No. 1000-111-1-16.
9:30 p.m. Application of Frances N. Frisbie, 175 Clearwater
Lane, Cutchogue, NY for a Variance to the Zoning Ordinance
Article III, Sections 100-30 and 100-35 for permission to
construct tennis court and fence exceeding the maximum four-foot
height requirement in the frontyard area at 175 Clearwater Lane,
Cutchogue, NY; Nassau Point Filed Subdivision Map No. 156,
Subdivision Lot 106; County Tax Map Parcel Item No. 1000-118-5-2.
Dated: October 15, 1981.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
Instructions to newspapers: Please publish once, Thursday,
October 29, 1981 and forward affidavits of publication to:
Board of Appeals, Town Hall, Main Road, Southold, NY 11971,
on or before November 2, 1981.
Legal ~,~otice of Hearings for Regular Board of Appeals mtg., 11/5'/81
On Tuesday, 0~tor~er 27, 1981, copies to:
A. John Gada General Contracting, agent for Isabel DuBois
Mr. Robert W. Helson
Ms. Marjorie S. Dunaway
Mr. Jaymes V. Righter, agent for Marjorie S. Dunaway
Mr. & Mrs. Robert A. Herreros
M~. & Mrs. William Rusch
William S. Midgley, Jr., as agant for Mr. Wilbur A. Baldwin
Mr. Wilbur A. Baldwin
Philip J. 0£rias, Jr., Esq. as attorr_ey ~or Richard & Joan Z~isler
R~dolph H. Bruer, Esq. as ~ttorney for Thomas J. De Borger
M~. & Mrs. William Xillian
Mr. Allan C. Dickerson
Abigail A. ~ickham as attorney for Dorothy C. Fleet
Richard J. Cron, Esq. as attorney for Demos Menakis
Abigail A. ]~ickham as attorney for ~. & Helen Robison'
Glenn F. Meidtmann as agent for Ronald Roberts
Peter Stoutenburgh as agent for Fran~urran
M~rs. Frances M. Frisbie
Appeal files
ZBA members
To~.~n Board members
Super~zisor Pell
Copy to Suffolk Times, Monday, October 26, 1981 with instructions
Copy to L.I. Traveler-[fatc~man, Tuesday, October 27, 1981 with
instructions
JUDITH T. TERRY
TOWN CLERK
REGISTRAR Ol: VITAL STATISTICS
TELEPHONE
(516) 765-1801
Southold, L. I., N. Y. 11971
September 23,
1981
To: Southold Town Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Appeal No. 2900, application of Robert W.
Nelson for a variance. Also included is: Notice to Adjacent
Property Owners: Fishers Island Water Co and Fishers Island Develop-
ment Co., Short Environmental Assessment Form, Letter relative to
NY.S. Tidal Wetlands Land-Use Regulations, Notice of Disapproval
from the Building Department, and Surveys of the property.
· " [ ' FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
To ...~..~ ~ .-r. ..... ~..../'/.C/:-..~ .m.
..... /..7..~..~..~?~¢ 6-... 2L ..........
PLEASE TAKE NOTICE that your application dated ................ f..~..'~... ?., 19 .~./..
for permit to construct...~.....t~, tp( .~.~: .~ ! fi.l.F7 ........................................ at
Location of Property ~G~ ~ ....................... ~ .....................
County T~ Map No. 1000 Section ...... ~ ...... Block ....
NO~
Subdivi~on ................. F~ed Map No ................. ~t No ..................
is returned herewith and disapproved on the follow~g ~ounds ...............................
RV 1/80
Building Inspector
G. A. NELSON, INC., Co,,tr ,ctor
17 COMMERCE STREET CHATHAM, NEW JERSEY 07928 TELEPHONE 635-9018
Sept. 4, 1981
Building Inspector
Town Hall
Southold, N. Y.
Dear Mr. Fishers
In reference to my phone converation with you yesterday
I would like you to know that my wife and I are plan-
ning to build a home on Fishers Island and hope to start
construction this fall. Our lot is lot 12 on block 16
on the map of the Fishers Island Development Co.
The property is located on a gravel road approximately
75 feet off the main road on the island. There is
at present an existing house on the road and at the
end of the road there is the resevoir. I am enclsing
a map of the lot and also a map of that section of the
island shwoing the lot location.
If there are any restrictions as far as building on this
road, I would appreciate you advising me as soon as
possible so that I might take any steps required so
that I might proceed with construction.
Yours truly,
Robert W. Nelson
encl.
?.
8,
]HSTP,!;CT IOHS:
-----~ ordc:r to answer the questions in this short EAF it is assumed
Lhat the preparer will use currently available information concerning
project and the ltl:ely impacts of the action. I~ is not expected ~hot
additional studies, research or other investigations will be undertaken.
(b) If any question has been aras',toted Yes ibc project moM be
significant ~nd o completed [~nvlronmen~al Assessment Form is necessary.
(c) If all questions have been onsv/ered J'Jo it is likely ~ha% this
projec~ is not significant.
(d) Environratnial Assessmenl ' ""
1. %'Ji~l project resu~L--in o large physical change
to ibc project site or physically alter inure
~}~.~,] 10 acres ut lgnc~? ..................... Yes/No
%'Iill there be o mo jar change ~o uny unique or
-unusual land fo~m found on the si~e? .... Yes
%'Jill prooco% alter or here ~ large e~fect o~'" ....
existing body oF water? ....................
¥/itl p;:oject have cl potentially ].urge impact
on grouncJvzatcr quality? .................
YJill projecl significantly cf feet drainage
flow om adjacent sites? .................
?fill projec~ ~ffect am)' threatcnecJ or
endangered plant or animal species? .....
%'1i 1 1
· .. Yes P/No
.... Yes ~/~o
prajcct result in o major adverse effea'L
on
¥1ill project
character off
vis'Los known
¥1ill project
structure of
air quolil>,? ............................ ..
have o major effect on visual
thc coramunit), or scenic v~evts or
ia-be imporlon~ to the community?.
odvci'sely i~l)OCL any site or
historic, prehistoric or
Yes /No
Yes
Yes
poleonto!ogicol .importance or tiny site
desioooted os a cziticc~l environmental erea
10. %'7i11 project have a major e[fect on existing
or future rccreqiiono] opporiuniiies? .........
11. ¥lill projec~ result in .major ~roffi'c problems
or. cau~c o major cfi'cc% ~o existing
(ronspor~oL~on systems? .......................
12. %'Jill projec~ raguiorly cause objectionable
odors, nolnc, glare, vibration, or electrical
dis%urbcmcc os o resul~ of thc projec%'s
ap ~i ? ' Y N
13. %'/ill projccf have any in, pact on public health ....
or .safety? .................................... Yes
14. Will project affect the exisling communify by
directly causing ~ growth in pcrmcncnt
population of more than 5 percent over o one
year period or hove o mo jar neg~iive effect
on the ChOl'Oc~cr oF the community or
neighborhood? ................................. Yes No
]5. Is lhere public controversy concerning the
project? ......................................
Yes /'//No'
DATE ~'~/' 2 /
(Todd' s Dat'e~
To: Sout!lold Town Board of Appeals
blain Road
Southo !d, NY 11971
Appeal Application of
Location of Pr6perty:
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 NYCRR, Part 661, and Article' 25 of the New York
State Environmental Conservation Law, please be advised that ~he
subject property in the within appeal application:
(please check one box)
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.*
[ ]
May be located within 300 feet of tidal wetlands;
however, coflstructed along tile 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 APPEAL NO.
....
TO THE ZONING BOARD OF APPEALS, TOWN OF $OUTHOLD, N. Y.
~, (We) ......... /d.i~..,...~..~l~.~.~ ................... of ......... L.Z....L..~O.~.~..~.~.~....~...~,. ..............
Name of Appellor~t Street and Number
................. ~/~7.../~.~.~.., ...................................................... ~.,..~ ........... ~EREBY APPEAL To
M6n i c i pa l ity State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ............. ~...-~/..~.T,.~..../. .....................
WHEREBY THE BUILDING INSPECTOR DENIED TO
............. ............
Name of Applicant for permit
of ,..L .~,......C .0..../,~..,.../~...e..r.~..~.......~-.. ,~L) . .C ,~., .~, .~...~...~..~/.... ~.~. ~ ...~,. ~.?..~.,....~'
Street and Number Municipality State
( PERMIT TO USE
) PERMIT FOR OCCUPANCY
( )
....... ~_~... :. . :' ~ ....
Street Use D,stnct on Zomng
...z. c0.. ......
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 mode herewith for
( )/A VARIANCE to the Zoning Ordinance or Zoning Mop
(~)/A VARIANCE due to lack of access (State of New York Town Low Chop. 6:2 Cans. Laws
Art, 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal ~ (has not) been mode with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
(~/) A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
Is requested forthe reosonthot
~'orm ~.~! (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
COUNTY O ) '- Signature
Sworn to this .................. ,...c~./..4 ............ day of ...... ~'~/~/~...~..~...~...~.. ............ 19~/
ELIZABETH ANN NEVILLE
NOTARY PUBLIC, ~tate of New Yot~
tto. 52.8125850, Suffolk County
Tm'n [xpires March 30, 19~
t~I~A~tD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of :
Board of A~eals of the lown of Southold :
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 So~thold
to request a (Variance) (Special Exception) (Special. Permit) (the following relief:
3. That the 17J:~perty which is the subject o~.such Petition is located in the following zoning district:
4. That by such Petition, the undersigned will request the fo, llowing relief:
'
$. That the provisi~r~s of the Southold Town Zgn. jng t:~ode aEpli~abl~-l~o the relief sought by the under-
signed are Article /O Sectic~ ~YO ~ ,//~'~¢.~ ~
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of Such notices; that you or your representative have the
right to appear and be heard at such hearing.
Petitioner
·
NAME
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
P34 6283247
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED--
NOT FOR INTERNATIONAL MAIL
(See Reverse)
of /J~r~-~ ,19 CY(
verse side hereo~, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at L.~ C~c()/~/~, ~, ;that said Notices were mailed to each of said persons by
(certified) (r~ mail.' ~
dSworn to b~fore_j~Le_ thi~ c~
ay , m
~ Notary Public ~
JUDITH T. TERRY
Nota~ public, S~ate of New York
No. 52 03~963 Suffolk Coun~/~
Comm[ss~Dn Expires March 30, 19~
, being duly sworn, deposes and says that on the day
, deponent mailed a true copy of the Notice set forth on the re-
3,5A
5~
2
1.7A(c)
?o4*
I 7A(¢)
6
~ Zd.Tkz~_ ~toc~r
Legend
Coord[nofe dislences ore meosured from U.S. Coosi J
and Geodelic Survey Triongul~o~ Stat[on "CHOCOMOUNT 2" [
NOTE.
FISHERS
ISLAND 'WATER WORKS CORP.
AREA =~ 1.2
,c-, ~ee/~, ,
Acres
monument
PLAN OF PROPERTY TO BE CONVEYED BY
FISHERS ISLAND DEVELOPMENT CORP.
to
ROBERT W. NELSON
BLOCK 16
FISHERS ISLAND,
' 40
SCALE,' I =
LOT 12
CONTOURS ADDED
5/4/m
NEW YORK
CHANDLER, PALMER & K lNG
NORWICH~
APRIL 17~ /981