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HomeMy WebLinkAbout3230Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3230 Application Dated March ]9, TO: Michael J. Ha]], Esq. for JEAN C. HOLLAND Youngs Avenue Southold, NY 11971 1984 (Public Hearing October 25, 1984) (Planning Board Action May~Ap!~nt(s)]L~±~ as Attorney At a Meeting of the Zoning Board of Appeals held on November 29, ]984 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III , Section ]00-3] ~ ! Reque~, for Upon application of JEAN C. HOLLAND, Vanston Road, Cutchogue, NY (by M. Hall, Esq.) for a Variance to t-Tf6--Zoning Ordinance, Article III, Section 100-31, for approval of insufficient area and width of parcels in this proposed division of land known as Lots 36 and 37 on Map of W.C. Grabie at Nassau Point, and Lots 327 and 328 on Map of Nassau Point Club Properties (Section C), Lowland Road, Cutchogue, NY; County Tax Map Parcels No. lO00-lll-lO-1 and 18. The board made the following findings and determination: This is an appeal from Article III, Section lO0-31, Bulk Schedule of the Zoning Code for approval of insufficient area and width of two proposed parcels, the most northerly lot of 58,000± sq. ft. (47,000 ± east of Lowland Road and ll,O00 sq. ft. west of Lowland Road) and the southerly lot of 56,200± sq. ft. (46,200± east of Lowland Road and 10,000± sq. ft. west of Lowland Road). The lot width of the southerly parcel is to be 121 feet along Sunset Road. The northerly parcel is a corner lot as defined under Section 100-13 and meets the requirements of a minimum of 175' lot width of the current zoning code. The northerly parcel as proposed is improved with a 1½-story, one-family dwelling, which will have a setback from the southerly lot line of 15 feet, and existing at the northeasterly (frontyard) area is an accessory storage/garage structure 44' from Meadow Beach Lane. The southerly parcel as proposed is vacant. The board members have personally visited the site in question and are familiar with the character of this residential neighborhood. The board members have taken all testimony at the public hearing of October 25, 1984, into consideration in rendering this determination. For the record, it is noted that the applicants purchased the subject premises July 17, 1967. Since that time, several building permits have been issued permitting substantial renovations and enlargement of the dwelling on these two lots, jointly. It is the determination of this board that: (a) this proposal (CONTINUED ON PAGE TWO) DATED: December 5, 1984. Form ZB4 (rev. 12/81) CHAIPJ~AN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2-Appeal No. 3230 Matter of JEAN C. HOLLAND Decision Rendered November 29, 1 984 would not be within the character of this neighborhood because of its configurations; (b) the setback of the existing dwelling would be insufficient and would not meet the requirements of zoning for a 50-foot rearyard; (c) the evidence submitted is not sufficient to justify the granting of the relief as requested; (d) in view of the manner in which the difficulty arose and in considering all of the above, the interests of justice would not be served by allowing the variance as applied. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the relief as requested under Appeal No. 3230 in the Matter of JEAN C. HOLLAND, BE AND HEREBY IS DENIED WITHOUT PREJUDICE as applied. Location of Property: Lots 328 and 327, Map of Nassau Point Club Properties (Section C); Lots 36 and 37, Map of Walter C. Grabie Subdivision; County Tax Map Parcel No. lO00-111-10-O01 and 018. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lkr-- //. December 5, 1984 RECEIVED AND FILED BY Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 I~OUTHOLD, L.I., N.Y. ~1~'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS September 13, 1984 GERARD P. GOENRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · E. Q · R o A. SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3230 PROJECT NAME: JEAN C. HOLLAND This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II ~] Unlisted [ ] DESCRIPTION OF ACTION: Re-divi~e 2 lots /area/width LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Vanston Road~ Nassau Point~_ Cutchogue~ NY County Tax Hap Parcel #1000-111-10-18 & 1 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Approval has been obtained from the N.Y.S. Department of Environ- mental Conservation and/or the Suffolk County Department of Health Servioes. (3) Relief requested is not directly related to new construction. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. THIS AGREEMENT, made the 7~ day of September, 1959, between NASSAU POINT CLUB PROPERTIES~ INC., a corporation duly o~ganized and existing under and by virtue of the Laws of the , .p o. State of New York, having its principal office a't ~~ designated as the party of the first part; and ROY L. BRICKEY formerly and MARY L. BRI,CKEY, his wife, both/residing at 10 Alden Place, and presently of Pelham Manor, Bronxville,/Westchester County, New York, hereinafter designated as the Parties of the second part; WITNESSETH THAT: WHERt~S by a certain deed dated June 21, 1957 and recorded in the Suffolk County Clerk's Office on June 24, 1957 in Liber 4318 of Deeds at Page 454, the parties of the second part are the owners of certain premises situated at Nassau Point in tho Town of Southold, Suffolk County, New York, known and designated as Lots numbered 327 and 328 on a certain map entitled "Amended Map A of Nassau Point owned by Nassau Point Club Properties, Inc., situate in Town of -~outhold, Long Island, N.Y.," surveyed June 28, 1922, by Otto W. Van Tuyl, C.E., and Surveyor, Greenport, N.Y., and filed in the Suffolk County Clerk's Office on August 16, 1922 under file no. 156; and WHERFAS said premises are subject to 'certain restrictive covenants, among which are the provisimthat not more than one dwelling house shall be erected on each lot; and WHERE~S the predecessor in title of the parties of the second part have heretofore erected a dwelling house on the southerly part of Lot No. 327, which house is partially upon Lot No. 328; and WHERFA$ tho ps, ties qf the second part desire a modLfi- cation of the aforesaid covenant so as to permit the erection of one additional dwelling house upon their premises consisting of Lots 327 and 328j and WNEREAB thee, party of the first part reserved the right to alter or ~nul the covenants and restrictions upon said premises RECORDE OCT ]959 ^L.;X JX~ecRI at any time; NOW, THEREFORE, in consideration of the sum of ONE (i~l.O0) DOLLAR, paid by the partlos of the second part to the party of the first part, tho receipt whereof is hereby acknowledged, the parties hereto mutually covenant and agree that the aforesaid covenant and restriction shall be modified so as to permit the erection of two dwelling houses on the combined Lots numbered 327 and 328 in such manner and at such location as the parties of the second part, their heirs at law, legal representatives, distributees and assigns may determine. IN WITNESS WHE~0F, the party of the first part has duly executed this Agreement the day and year first above written. By NASSAU POINT CLUB PROPBRTIES, INC. S~TE OF NEW YORK ) ) SS.: COUNTY OF KING~ ) On the ~ day of September, 1959, before me personally did depose and say that /~.~ resides at NASSAU POINT C/2JB PROPERTIES, INC., the corporation described in and which executed the foregoing instrument; that ~a knows the seal of said corporation; that the seal affixed to said instru- merit is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that [~ signed ~ name thereto by like order. FRED W: KAELI~ Notary Public, State el ~!~'.'J Yorl~ No~'-'~-T135,"00, ,S,;:[~Ik county POINT CLUB PROPERTIES,i~C BY L. BP~CKEM and ~, his wife. Attorneys at Law Southold, N. Y. Southold TownBoardo£Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, l.l., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GFRARO P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBFRT J. DOUGLASS JOSEPH H. SAWlCKI March 22, 1988 Anthony B. tohill, Esq. 12 First Street, Box 1330 Riverhead, NY 11901 Re: Your Letter Dated Premises Known as Matters of Jean C. March 21, 1988 CTM#1000-111-10-1, 2 & Holland 18 Dear Mr. Tohill: We are today in receipt of your letter of inquiry with enclosure concerning the above premises. At this time, we do not have an application pending concerning these premises; however, our records do show that actions were taken under Appl. No. 3230 on Novem- ~.r.~29,~, and again under Appl. No. 3361 on June i9, 1985. Copies of those actions are attached for your convenience. Please don't hesitate to call if you have any questions. Yours very truly, Enclosures GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ANTHONY ~B. TOI-IILL, P. C. March 21, 1988 Ms. Linda Kowalski Zoning Board of Appeals Southold Town Hall Main Road Sou~hold, New York 11971 Re: Jean C. Holland SCTM 1000-111-10-18-1 Premises at Nassau Point, South of Meadow Beach Lane and Sunset Road Dear Linda: The captioned undersized lot subdivision application has been in various forms pending before the ZBA for over four years, always awaiting either DEC or Health Department review and approval. Attached is a copy of the last outside agency (SCHO) approval necessary. Could you pull your files and advise the best route to place this matter on the ZBA calendar for hearing. Very truly yours, Anthony B. Tohill ABT:KR Enclosure cc Ms. Jean C. Holland COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES March 7, 1988 DAVID HARRIS. M.D.. M.P.H. COMMISSIONER Ms. Jean C. Holland Longnecker P. O. Box 86-B Cutchogue, New York 11935 Subject: Board of Review Bearing - February 11, 1988 Proposed Subdivision of Longnecker, Property Located South of Meadow Beach Lane and Sunset Road, Nassau Point, Town of Southold (SC'IH I000-ii1-10-18-1) Dear Ms. Longnecker: At the hsartng held on February I1, 1988, you had an opportunity to present your appeal of the department's ruling on the subject application. In accordance with the provisions of Article 2, Section 220, of the Suffolk County Sanitary Code, the determination of the Board of Review is as follows. Based on the information submitted, the Board will grant the request for a variance for the two lot development to utilize wells that are approximately 30 ft. into water. This approval is for parcels A & B only -- Lot #36 is considered to be part of either one or both of the parcels and is not to be considered as an additional building lot. RAV/pd The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to unnecessary delay. ¥ Very truly yours, Robert A. Villa, P.E. Chairman, Board of Review cc: Walter G. Lindley COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 Town of Southold Board of Appeals Applicant: Mun. File No.: 3230 S.C.P.D. File No.: SD-84-22 December 11, 1984 Jean C. Holland Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, t~e above referenced application which has been submitted to t~e Suffolk County Planing Co~mission is considered to be a matter for local determination. A decisiodof local determination should not be construed as either an approval or disapproval. Comments: The Board of Appeals should cautiously exercise its discretionary power in granting such substandard lot area variances which only serve to under- mine the effectiveness of the zoning ordinance, alter the character of the area and establish a precedent for the continuance of such a practice. GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning by Gerald G. Newman Chief Planner 11788 Southold Town Board of Appeals HAIN RI:3AD- STATE RrlAD 25 5~3UTHI3LD, L.I., N,Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article III , Section 100-31 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section __ Special Permit Appeal No.: 3230 Applicant: JEAN C. HOLLAND Location of Affected Land:Lowland Rd. (Vanston Rd.), Nassau~P6int, County Tax Map Item No.: 1000- 111-10-1 & 18 ' Within 500 feet of: -- Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) __ State or County Road, Parkway, Highway, Thruway __ Boundary of Existing or Proposed County, State or Federally- Owned Land __ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant ~ Within One Mile of An Airport. denied COMMENTS: Applicant is ~ permission k~X of width of parcels, Cutchog insufficient area Copies of Town review. Dated: 12/7/84 file and related documents enclosed herewith for your Temp. S~cretary, Board- o~ Appeals Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Appeal of Jean C. Holland Dear Mr. Goehringer and Members of the Board: At the public hearing of the Zoning Board of Appeals on October 25~ 1984 I gathered that the Zoning Board of Appeals might look more favorably upon a different proposed lot line. I am authorized by my client to work with the Board as to the location of that line and would welcome a re-hearing if the Board so desires. Sincerely, MJH:bl NASSAU POINT PROPERTY OWNERS ASSOCIATION 65C NASSAU POll',,'1' ROAD CUTCHOGUE,N.Y. 11935 Richard '1'. Stauffer President October 24, 1984 Gerard P. Goehringer, Chairman Southold Town Board of Appeals Southold Town Hall Southold, New York 11971 Dear Mr. Goehringer: On the agenda of October 25, 1984 meeting, we note a hearing on the request of Jean C. Holland for approval of insufficient area and width of certain parcels of Rand. As you know, the NPPO, because of the continuing, extensive ex- pansion in growth in the number of homes on Nassau Point with a serious threat to our water supply, has adopted a policy of opposing any division in a plot to less than the present zoning requirement. ~e h~ve appeared in opposition to two similar cases i.e. BAGLIVI 10/16/80) and DE BORGER ( 3/12/81 ), and in both instances, you denied the requests for a variance. With so many lots being purchased by builde~who erect homes to sell on speculation, the saturation point is rapidly being reached on Nassau Point. We applaud and endorse your efforts to require persons to conform to our present zoning laws. We know that you are familiar with our concern for adequate water supply, and we hope that you will deny this variance. One other comment on this request- The Nassau Point Property Owners Association owns s lot in this area: No 33 (old tax map#) directly on the right of way shown on the tax map as Lowland Road. We intend to retain ownership of this land. As the request for the variance in this case included lot~ 36 and 37 in connection with the division of lots 327 and 328, we are very concerned. The only way into ou~property is down the right of way, Meadow Beach Lane into the right of way Lowland Road. Any merger of properties 36,37,327,328 would effectively eliminate access to our property - lot # 33. We intend to preserve, protect, and retain that right of access by all legal means. Sincerely yours, Richard T. Stauffer ])EC1,ARATION OF C(]VENANTS AND RESTRICTIONS PROPERTY OF JEAN C. ItO],I. AN1) NASSAU PO[N'r, CIJTCIIOGUE, NEW YORK DEt;I,ARATION OF COVENANTS made this 15th day o[ May, 1984, by JEAN C. ItOL1,ANI), resid~tng at Vanston Road, Cutchogue, New York, hereinafter called the Declarant. WIIEREAS, tile l)eclarant is the owner in fee simple of the ])AI((] El, I: AI,L those certain plots, pieces or parcels of land, with the buildings and improvements thereon erected, situate, lying and being at Nassau Poiut or l.ittle Hog Neck~ Town of Southold, County o1' Suffolk and State of New York, known and designated as l,ot Nos. 327 and 228 on a certain map entitled, "Amended Map A of Nassau Point, owned by Nassau Point Club Properties~ Inc. , situate in the Town. of Soutbold, Long Island, New York snrveyed June 28, 1922 by Otto W. Van Tuyl, C.E. & Surveyor, Greenl)ort~ New YorR", and filed in the Office of the Clerk of the County of Suffolk on August 16, 1922 as Map No. 156. I'ARCEL II: Al, I, those certain plots, pieces or parcels of land, situate, lying and being at Nassau Poi. itt, Town of Southold, County of Suffolk and State o[ New York, known and designated as Lots 36 and ~7 on a certain Sub-Division Map of Property o~' sa~d Walter C. Grab]a, situate on Nassau I'oing, Peconic~ New York, made by Otto W. Van Map was fi]ed in the Suffolk County Clerk's Ofi ice on April lgth, 1938 as Map No. 1257. WHEREAS, the Declarant desires to make this Denlaration setting forth restrictions, covenants, conditions and agree- ments, subject to which the property shown on said map is now h~l.d and shall be sold and conveyed. NOW~ THI,',R[,]FORE, the aforedescr~bed l)rem~ses shall be ,~;ubj~(:~ to the ]ollowing covenants ~Ild restrictions which ~hall yurt with the land: I . 'Fhat no structure or dwell, lng of and kind, except tho future, ahall be placed or constructed on the property 2. These aovenants and restrictions shal. 1 run ~[th JEAN C. IlOI,1,AND Sworn to before ]tie this day of May, 1984. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD ~-S SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 May 2, 1 984 Michael J. Hall, Esq. Youngs Avenue Southold, NY 11971 Re: Appeal No. 3230 - Jean C. Holland Dear Mr. Hall: This letter will confirm our recent conversation that the above matter was reviewed by the board at our April Regular Meeting, at which time the following action was taken: RESOLVED, that Appeal No. 3230, application for JEAN C. HOLLAND be held temporarily in abeyance pending the following: (a) approval or recommendations from the Southold Town Planning Board concerning the layout of this proposed division; · , '(b) approval from the N.Y.S. Department of Environmental Conservation inasmuch as the premises fronts along Horseshoe Cove and is within their jurisdiction pursuant to Part 661, Tidal Wetlands Land Use Regulations, Section 661.5(b)[57]. Also, the board has also in.tuired as to whether or not you will be submitting covenants and restrictions pertaining to the buildability of the lower premises fronting the wetlands and the applicant's intentions. Please keep us advised'regarding developments. Yours very truly, CC: Planning Board Building Department GERARD P. GOEHRINGER CHAIRMAN '-tt~," L 1 ri a a R'owa / SK 1 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHArRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I. Traveler-Watchman indicating the date and time of your public hearing. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the public hear- ing and in order to prevent any delay in the processing of your application. If you have any questions, or if you would like to review your file prior to the hearing, please do not hesitate to either stop by our office at the $outhold Town Hall, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-1802). Yours very truly, Ik Enclosure GERARD P. GOEHRINGER CHAIRMAN ZONING I~OARD OF APPEALS Town Hall Main Road. S.R. 25 Southold, N.Y. 11971 NOTICE IS HEREBY GIV. EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Cede of the Town of Southold, a Regular Meeting and the following matters will be held for public hearings by the Southold Town Board of Ap- peals, on THURSDAY TORER 25~ 1984, commenc- ing at 7:30 p.m., at the Seuthold Town l-L, dl, Main Road, Southold, N.Y.: 7:30 p.m. Application of WINDS WAY BUILDING CORP., Glen Road, Southold, N.Y. for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of an insufficient rearyard set- back of a new one-family dwelling located on Private Road #1 off the North Side of North Bayview Road, South- old, N.Y.; County Tax Map Purcel No. 1000-077-03-25. 7:39 p.m. Application of JOSEPH A. McKAY and MICHAEL S. GREENLY, 14 East 60th Street, New York, N.Y. 10022, (by G.F, Olsen, Esq.) for a Variance to the Zonin8 Ordinance, Article HI, Section 100-31, for ~pproval of insufficient area, width and depth of parcels with existing dwellings in this proposed division of land located at Fourth, Third and Main Streets, New Suffolk, N.Y.; County Tax Map Parcel No. 1000-117.09.16. / 7:40 p.ni. Application ok JEAN C. HOLLAND Vanston~ Road, Cutchogue, N.Y. (by M.\ Hall, Esq.) for a Variance to ~ the Zoning Ordinance, Article Ill, Section 100-31, for app~ov- / ~al of insufficient area and / ~vidih of parcels in this pro-/ ~ posed division of land known~, ~ as Lots 36 an~ 37 on Map of/ / W.C. Grabie at Nassau Point, [ ] and Lots 327 and 328 on Map / /of Nassau Point Club Pro- /perties (Section C), Lowland jRoad, Cutchogue, N.Y.; Coun- try TaX Map Parcels No. 1000- ~,~ 111-10-1 and 18. "--7:45 p.m. Application ACADEMY PRINTING SER- VICES,~ Horton's Lane, South- old, N.Y. (by M. Hall. Esq.) for a Variance to the Zoning Ordinance, Article VII, Section 100-71, for approval of insuf- ficient area and width of parcels in this proposed divi- sion of land located at the south side of Traveler Street, Southold, N.Y.; County Tax Map Parcel No. 1000-61-1-2. 7:55 p.m. Application of BERNARD and GERALDINE DEMPSEY, Stillwater Av- ellue, Cutchogue, N.Y. for a Variance to the Zoning Ordin- ance, Article Ill, Sections 100-31 and 100-32 for approval of excessive lot coverage and construction of pool in an area other than the required rear- yard located at 5705 Stillwater Avenue, Cutchogue, Fleet- wood Cove Subdivision Lots 16 and 17; County Tax Map Parcel No. 1000-137-04-004. 8:05 p.m. Application of COLGATE DESIGN CORP., 300 Motor Parkway, Haup- pauge, N.Y. (by Easeks, Her- tar, Cuddy & Angel) for a Variance to construct building for storage purposes with an insufficient sideyard setback. Location of Property: North side Main Road, Cutchogue (7-11 Store), County Tan Map Parcel No. I000-102.0~1~. 8:10 p.m. Application of SOUTHLAND CORP., 300 Motor Parkway, Hauppauge, N.Y. (by Esseks, Hefter, Cud- dy & Angel) for a Variance to construct building for storage purposes with an insufficient sideyard setback. Location of Property: South side Main Road, Southold (7-11 Store), County Tax Map Parcel No. 1000-62-3-37. 8:25 p.m. Application of ERNEST G. CURRAN 485 Rabbit-Lane, East Marion, N.Y. (by S. Glickman, Es~{.) 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 ............. ~.~.....~.. ............ Sworn to before me this /¢ ~/ day of Notary Public BARBARA FORBES Not~ry Public, State of New York No. 4806846 Qualified in Suffolk County Conlmi,~s~on Expires March 30, 19ac~g' Legal Notices 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 matters will be held for public hearings by the Southald Town Board of Appeals, on THURSDAY, OCTOBER 25, 19~4, commencing at 7:30 o'ciock p.m., at the Southald Town Hall, Main Road, Southold, NY: 7:30 p.m. Application of WINDS. WAY BUILDING CORP., Glen Road, Southold, NY for a Variance to the Zoning Ordinance, Articie HI, Section 100-31 for approval of an insuffi- cient rem'yard setback of a new one-family dwelling located on Private Road #1 off the North Side of North Bayview Road, Southold, NY; County Tax Map Parcel No. 1000-077-03-25. 7:35 p.m. Application of JOSEPH A. McKAy and MICHAEL S. GREENLY, 14 East 60th Street, New York, NY 10022, (by G.F. Olsen, Esq.) for a Variance to the Zoning Ordi- nance, Article IH, Section 100- 31, for approval of insufficient area, width, and depth of parcels with existing dwellings in this proposed division of land located at Fourth, Third and Main Streets, New Suffolk, NY; County Tax Map Parcel No. 1000-117-09-16. f,CCo7:40 p.m. Application of JEAN'~ · HOLLAND, Vanston Road, ~ utchogue, NY (by M. Hall, Esq.)! r a Variance to the Zoning Or-] dinanse, Article IH, Section 100./ 31, for approval of insufficient/ area and width of parcels in this(, proposed division of land known ~ ,~as Lote 36 and 37 on Map of W.C.\ Grabie at Nassau Point, and Lots \ ? and 323 o. Map Lpo,nt Club po e, NY; County Tax Map Parcels No./ 1000-111-10.1 and 18. ~/ 7:45 p.m. Application of ACADEMY PRINTING SER- VICES, Horton's Lane, South- old, NY (by M. Hall, Esq.) for a Variance to the Zoning Ordi- nance, Article VII, Section 100. 71, for approval of insufficient area and width of parcels in this proposed division of land located at the South Side of Traveler Street, Southold, NY; County Tax Map Parcel No. 1000-61-1-2. 7:55 p.m. Application of RER- NARD and GERALDINE DE- MPSEY, Stillwater Avenue, Cutchogue, NY for a Variance to the Zoning Ordinance, Article IH, Sections 100-31 and 100-32 for approval of excessive lot .coverage and construction ofpoal m an area other than the re- quired rearyard located at 5705 Stillwater Avenue, Cutchogue, Fleetwood Cove Subdivision Lot~ 16 and 17; County Tax Map Par- cel No. 1000-137-04-004. 8:05 p.m. Application of COL- GATE DESIGN CORP., 300 Motor Parkway, Hauppauge, NY (by Esseks, HeRor, Cuddy & Angel) for a Variance to con; struct building for storage put- poses with an insufficient sideyard setback. Location of Property: North Side Main Read, ~ Cutchogue (7-11 Stere), County Tax Map Parcel No. 1000-102- 05-24. 8:10 p.m. Application of SOUTHLAND CORP., 300 Motor Parkway, Hauppauge, NY (by Esseks, Hefter, Cuddy & Angel) for a Variance to con- struct bnilding for storage put- poses with an insufficient sideyard setback. Location of Property: South Side Main Road, Southold (7-11 Stere), County Tax Map Parcel No. 1000-62-3- 37. 8:25 p.m. Application of ER- NEST G. CURRA~, 485 Rabbit Lane, East Marion, NY (by S. Glickman, ESq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of parcels with existing dwellings in this proposed division of land located at the North Side Rabbit Lane, East Marion; County Tax Map Parcels No. 1000-31-17-13. Persons desiring to be heard should do so in person or in writ- ing before or during the public hearing. For additional informa- tion, please contact our office at 765-1809 (or 1802). Dated: October 15, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN 1TO18~686 ;S: __ of Greenport, in torn, says that he/she is :FOLK TIMES, a Weekly greenport, in the Town rffolk and Stats of New of which the annexed is regularly published in tach week for ONE nencing on the ] ~ 19 ~4 Principal C~erk Sworn to before me this 18 dayof Ocr. oiler 19 8,~ August 27, 1984 Southold Town Zoning Board Southold Town Hall Southold, NY 11971 Re: Minor Sub-division of Dear Linde: Enclosed please Please contact me MJH:bl enc. Jean C. Holland find DEC approval of minor sub-division. as soon as you have a calendar date, Sincerely~ Michael J. Hall N EI~I( SLATE DEPARTMENT OF ENVIRONMENTAL CONS~ION PERMIT 10-84-0678 UNO{I TNE ENVIIONMENTAL COI~IEIVATION LAW B AITICLE 15, (Pmlection of .alii) []? AITIGLE iS, (Tidal .ellands) ARTICLE 24, (Fee~bwater Wetlamls) []: A~TIGLE 3&. (Coastroclloe in Flood Hazard Areas) ^DDRESS OF PERMI1TEE ~:,,~r,,n R~d.. RRI. ]~g~ 8~B Cutchogue~ N.Y. 11935 ID( AIION OF ~OJECT (Section of stream, tidal ~tland, da~ ~ildinj) ..... ~l,~;~d~whr~k La & Sunset Road Nassau Point. Little Ho~ Neck. CutchoRue N.Y. RiP[ION OF PROJECT ~h~liui~i~. t.r~mt~n~ two lots from four with construction of a grooosed ~inRle family ____Jw,~lling with ~pp.rr~nmnr s~wmEm dJmpmsal mymtem on rune lot and retain exi~tin~ single I~MivlUNITY N,(ME (City, Tow~ Vlllese) - TOWN _ __t:u r,.h,~K.~? j~qu~;hold 1 .~ Suffolk GENERAL CONDITIONS lmeated 1.andward of the lO' co,tour, PERMIT EXPIRATION I , 9/30/86 DAlE 8. That the State of New York shall In no case he liable for any damase : or injury to the str~ctwe m w~k herein autho~Ized which may be caused by o~ , result from lutme operations u~e~akefl by t~ State for t~ conservation m 9, That If t~ display of IIshts a~ slKnals off any work hereby auth~Jzed is n~ ~he~ise provided for by law, such 11this a~ sisnals as ~y be ~e- ~rl~ by t~ Unlt~ States C~st Guard shall ~ Installed and ~intained by I~ at t~ ex~se ~ t~ ow~r. ~. All ~k carrl~ o~ u~er this ~rmit shall ~ ~dormed iff accm- dance with establis~d ensi~edn6 wactlce a~ in a workmanlike manner. I1. I~ lrant~ ~e~ Articles 24 m 25, the ~part~nt re~fves I~ risht to rec~ll~r this ap~val at any tl~ a~ afte~ d~ notice a~ ~arin8 to be just a~ equitable. If u~n the expiration or revocation of this ~rmit, t~ m~lflcitl~ of t~ wetla~ ~mby aut~ized ~s not ~en completed, lhe rede ali a iny ~lon ol t~ unc~plet~ str~ture or fill a~ restore the 12. This ~rmtt shall not be constr~ as conveyin6 to the applicant any title o~ interest in real a ~rsonal pro~rty ~ld m vested in a person not a 13. The ~rmittee Is res~nsible fm obtalnin8 any other permits, a~ ~ojKt. 14. If 8ranted ~r Article 36, this ~rmlt is 8rant~ solely on t~ basis Part 5~ of 6 NYC~ (C~str~tlon In FI~ Plain Areas havin8 S~cial FIo~ Hazards - Bulldin6 Permits) a~ in no way slsnifies thai t~ proiect will ~ 15. By utterance W this ~rmlt t~ ~rmittee aB~es t~t t~ ~rmit Is c~i~ea u~ strict c~lla~e with t~ s~cial c~ltlons on the (~E ~VEBS~SIDE) SLay Sou£hold. N.Y. 11971 (516) 765-1938 May 9, 1984 Mr. Michael Hall, esq. Youngs Avenue Southold, NY 11971 Re: Jean C. Holland minor subdivision Dear Mr. Hall: The following action Was taken by the Southold Town Planning Board at the regular meeting of May 7, 1984. RESOLVED that the Southold TOwn Planning Board deny the application of Jean C. Holland to subdivide property located at Nassau Point, Cutchogue due to insufficient area, (100-31). If you have any questions, please feel free to COntact this office. Zoning Board of Appeals Very truly yours, BENNETT ORLOWSKi, JR. ACTING CHAIRMAN $OUTHOLD TOWN PLANNING BOARD JUDITH T. TERRY TOWN CLERK REGISTRAROI VITALS[ \IISIICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 19, 1984 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3230 application of Jean C. Holland for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. J~r'd~ith T.-~'~ ~r Southold'T6~r~lerk -- BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' the Petition of JEAN C. HOLLAND 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 Appea~s of the Town of Southold to request a (Variance) (~k~3~bX~g~) (~K~gO~ (Other) [cirCe choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: $CTM #D-1000, Section 111~ Block 10~ Lot. P/O 18 3. That the property which is the subject of such Petition is located in the following zoning district: A - Residential/ Agricultural 4. That by such Petition, the undersigned will request the following relief: re-subdivis ion Of lots which have merged· 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-31 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) 76'5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: March 10, 1984 Petitioner Post Office Address NAME P28 7131 RECEIPT FOR..C.L~rTiFi NO INSURANCE COVERAGE PRO% NOT FOR INTERNATIONAL MA~ ~'__J_. Baxter, & ~-~fe ~NSTREE~D NO. . TATE~D Zlp~5~ . PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS L. Grant Harrison and another 135 Hampton Road Garden City~ New York 11530 William J. Baxter and wife 4 Windrose Way Mead Point Greenwich, ConnecTicut 06830 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~ A. ~0D~T , residing at PLne Neck ~t.~ Sot:thold~ New Ycrck 1_1_971 , being duly sworn, deposes and says that on the 1~ day of ~h , 19~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current ass~sment roll of the Town of 5outhold; that said Notices were mailed at the United Statm Post Of- rice at ~0~ ~ YO~ 11971 ; that said Notices were mailed to each of ~id persons by (certified) ~) mail. ~ ~~ Sworn to before me this day of MAR(]{ _ ,19~ T".?,CT I ~ " Jn ordc'r to easy, er ~he que~tlons £n this short EAF that the preparer w~}~ use. current}y ovo[~ab}e ~n[or~o~$on pro~ect and the ~:e}y ~mpac[s oF ~he action. It ~s not expected ~hat additional studies, research o~ other ~nvest~gat~ons w~ be undertaken. (b) I[ uny question has been unsecured Yes the pro)ect may be ~igniFicc~nL aad o completed Environmental Assessmen~ Form ~s necessary. (c) IF all questions have b~en onswered Ho it is llkel~ that this projec~ Js not significant. (d) E~ronmsntol Asse~rnen~ ~- WZ~'ro.~ec~ result--in o large physlcol chan~e to ibc project ~ile or physically alter more thnn ~0 acre: at land? ............... Yes~No 2. ViIi there be a m~jor change fo any unique or - ' - -unu:uol lend ro~m found on the site? .......... 3. Will prelect alter or here o large' effect on existing body of water? ................ S ~ N potentially ....... ~ -. _ 4. ¥1ill projec~ have o large impac~ ~ o om srounc~wo%er quoit%),? ...... 5 %';ill project significcn~l~ eff'ec~ drainage flow on ~djacen~ sites?. ' - ...................... Yes~No 6. ¥,'ill project ~ffec~ any %hreo~aned or ~ · endc, ngercd plan% or un'mol species?. . on air q~alil),? ....... , chcracter of the community or scenic views or vi~Lor, known to:be imporiont, ia lhe community? 'Yes~_No F. V~ll project adversely impoc[ any ~ite or -- slruciure of hlsforic, prehistoric or '' paleon(o!ogicol importance or any site " daszgnn(ad os o cri(ic~:l environmental urea by a local agency? ............ ~:'"~'*"~"'.-v'~-.v~Ycs~[,~o 10. %'/ill projtzc¢ have a major eFfec¢ on exis(in9 or fuLurc recreo[iona] oppor(uniLies? ......... ~Yes~ No 11. %/.[1! pro jet% resul( in .major ~roFfi'c problems o~% cot, ne 0 major elf cc% %o 12. ¥/ill projec~ .refiu!crly cause objec{ionable oJors, poise, glare, vibro%iom, or elcc%ricol disturbance os o rcsu!~ of %he projec%'s opcro~ion?.. · . 14 or .~oFo[y? ..... .. .. directly cousin9 0 ore../th il~ permuncat I)opulo~ion of more thon 5 perceQ~ over o one year per/od or huve o major negative on the chore%for at the community or n~]gJlborJlOod2 ..................... . Yes ~No project! '' ' · .... ]5. PREPARER 'S R EPRESEI;TING QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 11794, (tel. 516-751-7900), if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [ ] I. [ ] 2. [ ] 3. 4. [ ] 5. [ ] 6. Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfront or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental area: [ ] 50' existing road [ ] existing structures .J~] bluff area more than 10' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfront area. [ ] 7. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State Law and to prevent any unnecessary delays in processing your application(s). 10/831k January 5, 1984 Southold Town Planning Board Southold Town Board of Zoning and Appeals Southold Town Building Dept. NYS Dept. of Environmental Conservation Any Related Agency: This will authorize my attorney, Michael J. Hall, Esq. to act as my agent and representative in my behalf regarding the re-subdivision of my property located on Vanston Road, Nassau Point, Cutchogue, N.Y.- County Tax Map No. 1000, Sec- tion 111, Block 10, Lot p/o 18. That I am the owner of record of this property and authorize Mr. Hall to sign all applications on my behalf regarding this re-subdivision. MJH/sv