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HomeMy WebLinkAbout3327North S~de of M~,in Rd, Matt, 43327 oa Pike, Emilia ] Var-~ance for approvaq of ]nsuff~c~ ff'O~'o ~'~- ~rc~'~s- I~and~ i-n-sy fy~c-i~ n~ ~ot ~wi d~-h ]~ _ ~ ::P~..~.~ ~ ...~. ~., .:_ ~:_~ , Southold Town Board o£Appeals letAIN Ri'lAD- BTATI[ ROAD 2,5 I~I:3UTHI3LD, L.I., N.Y. 11~J71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3327 Application Dated January 28, ]985 TO: Abigail A. Wickham, Esq. as Attorney for EMILIA T. PIKE Main Road, Box 1424 Mattituck, NY 11952 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on May 2, 1985, 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 100-31, Bulk Schedule [ ] Request for Application for EMILIA T. PIKE, by A. Wickham, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insufficient area of proposed Parcels 1 and 2 and insufficient lot width of Parcel 1, located at the North Side of Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-140-03-26. WHEREAS, a public hearing was held and concluded on April ll, 1985, concerning the Matter of the Application of EMILIA T. PIKE, and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application, and WHEREAS, the board members have personally viewed and are familiar with the premises in question as well as its surrounding area; and WHEREAS, the board made the following findings of fact: 1. The property in question is located in an "A" Residential and Agricultural Zoning District, is situated at the north side of the Main Road (S.R. 25), Cutchogue, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 140, Block 03, Lot 26. 2. The subject premises consists of a total area of 90,382 sq. ft. with a total frontage along the Main Road of 311.05. 3. By this application, appellant proposes a set-off division of land for proposed Parcel No. I of 29,921 sq. ft. in area and 100.12 feet in lot width and for Parcel No. 2 of 60,461 sq. ft. in area and 210 feet in lot width, which Parcel No. 2 is improved with an existing one-family dwelling and small accessory shed in the rearyard area. 4. Article III, Section lO0-31, and Bulk Schedule of the Zoning Code require a minimum of 80,000 sq. ft. in lot area and 175 ft. in lot width effective May 20, 1983, 5. In viewing the immediate area, there are lots existing with areas ranging from 19,500+ sq. ft. to 37,000± sq. ft. DATED: May 8, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOW~N ZONING BOARD OF APPEALS Page 2.- Appeal No. 3327 Matter of EMILIA T. PIKE Decision Rendered May 2, 1985 In considering this application, the board has determined that although there are lots of similar size existing in the neighborhood, the lot to be set-off is more than double the size of the lot to be retained, and a more equal division should be established which would not set a precedent for this area and would then be substantially less of a variance from the require- ments of the zoning code. The board has also determined that the application "as applied" be denied since: (1) the relief as requested is substantial in relation to the requirements of zoning; (2) that the grant of the variance will be detrimental to the character of the area and may set precedents; (3) the relief as requested is not unique; (4) there is a more feasible plan which should be established to be more compatible with the general area. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that the relief as applied under Appeal No. 3327 in the Matter of the Application of EMILIA T. PIKE for approval of Parcel 1 of 29,921 sq. ft. in area and 100.12 lot width, and of Parcel 2 of 60,461 sq. ft. in area, BE AND HEREBY IS DENIED WITHOUT PREJUDICE. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk May 8, 1 985 ~ Town of Southold Board of Appeals COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LE:£ I~, KOPPF'LMAN May 16, 1985 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. ~pplicant Municipal File Number Lynn Sciora 3324 Douglas Cooper 3325 Emilia T. Pike 3327 Dominick Varano 3330 Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals NAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l 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: XXX Variance from the Zoning Code, Article III , Section 100-31 Bulk Schedu] Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3327 Applicant:Emilia T. Pike Location of Affected Land: N/s of Main Rd. Mattituck, NY County Tax Map Item No.: 1000-140_03_26 Within 500 feet of: __ Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) X~2f 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. COMMENTS: Applicant is requesting permission of insufficient area of proposedParcels 1 & 2 and lot 1~ ,, , for a variance approval insufficient lot width of Copies of Town review. Dated: ~> / \~ \%,'~ file and related documents enclosed herewith for your Secretary, Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOENRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. YIS?l TELEPHONE (516) 765-1809 May 8, 1985 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 Re: Appeal No. 3327 Emilia T. Pike Dear Gail: Please find enclosed for your records a copy of the recent findings and determination rendered in the above matter which has this date been filed with the Office of the Town Clerk. Yours very truly, Enclosure Copy of Decision to: Planning Board Building Department Suffolk County GERARD P. GOEHRINGER CHAIRMAN Kowal ski Planning Commission Southold Tbwn Board of Appeals TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Si~nificanc~ March 28, S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION 1985 APPEAL NO.: 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 tx] Unlisted [ ] DESCRIPTION OF ACTION: Variance for approval of insufficient proposed Farcels 1 &2 and insufficient lot width of Farcel area of LOCATION OF PROJECT: Town of Southold, County of Suffolk, particularly known as: North side of Main Rd. Matt. #1000-140-03-26 more REASON(S) SUPPORTING THIS DETSRMINATION: (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)?he property in question is not located within 300' of tidal wetland, s or oSher critical environmental area. 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. ' N.74°2 2'CO' E. O / / 20769 / ® 6O, 4GI .5Q. F~ 307.71 uJ ~UESDfVI ~! ON IvtAP OF' PF20 P E F.2.TY Eh,'ll! .... f,A T. PtldE. I~/AYT I TUCi~ _J $ou~hold, N.Y. 11071 (516) 765-1938 March 7, 1985 / CC: Abigail Wickham Attorney at Law P.O. Box 1424 Mattituck, NY 11952 Re: Emilia T. Pike at MatLituck Dear MS. Wickham: The following action was taken by the Southold Town Planning Board,Monday, March ~, 1985. RESOLVED that the Southold Town Planning Board recommend to the Zoning Board of Appeals that the application of Emilia T. Pike located at Mattituck be approved, since following a field inspection, the Board noted that it is in conformance with the surrounding area. If you have any questions, please don't'.hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING~BOARD By Diane M. Schultze, Secretary Zoning Board of Appeals ZONING BOARD 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 Code of the Town of Southold, the following public hearings will be held by the Sonthold Town Board of Appeals at the Southoid Town Hall, Main Road, Sonthold, NY at a Regular Meeting, commen~. lng at 7:30 p.m. on THURS- DAY, APRIL IIt 1985, and as follows: /' 7:30 p.m. ~ by A+ Wickham, Esq.,Main Road, Mattituck, NY for a Variance to the Zoning Ordin- ance, Article IH, Section 100- 31, Bulk Schedule for approval of insufficient area of pro- posed Parcels 1 and 2 and insufficient lot width of Parcel 1, located at the North Side of Main Road, Mattitock, NY; County Tax Map Parcel No. -1000-140-03.26. 7:35 p.m. COLGATE DE- SIGN CORP.., by W. Esseks, Esq., 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100.71 for permission to construct aoces- o sory building Within the westT~ erly sideyard area. Location of Property: 7-11 Store, North Side of Main Road, Cut- chogue, NY; County Tax Map Parcel No. 1000-102-05-24. 7:40 p.m. ~ VELOPMENT CORP./SAGE, by J. Forchelii, Esq., 120 Mineola Bl~d., Mineola, NY 11501 for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule and Article XHI, Section 100- 136A for approval of insuffi- cient area and width of each lot in this proposed 19-1ot cluster development or subdivision and insufficient setbacks. Lo- cation of Property: 67380 Main~ Road, Greenport, NY; County~ Tax Map Parcel No. 1000- 053-05-001,001.3, 12.3; known and referred to as "Breezy Shores." 7:55 p.m...JOSEPH LIZEW. SKI, 29205 Main Road, Cut- chogue, NY for a Variance to the zoning Ordinance, Article HI, Section 100-30(B)[6] for permission to construct build- · lng for private membership with an insufficient setback from the easterly property line. Location of Property: N/S Main Road and E/S Depot Lane, Cutchogue, NY; County Tax Map Parcel No. 1000. 102-02.12.1. 8:00 p.m. ~ _ .SKII Special Exception hea~-~O mg to reconvene concerning establishment of racquetball/ private membership club. 8:05 p.m. THOMAS HIG- i GIN5~, Ruch Lane, Southold, NY for a Variance to the Zoning Ordinance, Article IB, Section 100-32 for permission to construct accessory garage in frontyard area, at 850 Ruch Lane, Southold, NY; County Tax Map Parcel No. 1000.52- 02-30. 8:10 p.m. HAROLD CARR- Box 1416, Mattituck, NY for a Variance to the Zoning Ordin- ance, Article Ill, Sectionl00-31 for permission to construct deck addition with an insuffi- ~ cient rearyard setback, at 2045~~ Marratooka Road, Mattituck, · NY; County Tax Map Parcel No. 1000-123-02-003. 8:20 p.m. ~. ANO~ by R. ~atk, Esq., Box 973, Cutchogue, NY for a Variamoa to the Zoning Ordin- am=e, Article 111, Section 100- 31, Bulk Schedule for approval of insufficient area of proposed Lot 3, ag premises 6750 Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-07.004. 8:30 p.m. WI~M AND HELEN COSTE~ by R. Lark, Esq, Box 973, Cutchogue, NY for a Special Exception to the zoning Ordinance, Article IH, .~ Section 100-30(B)[13] for per~,x mission to establish and build 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-Watchman once each week for ................... /. ....... weeks successively, commencing on the ........ .~..r./ .......... -- -~.~_. . ~./ .................... -.- ............... Sworn to before me this day of Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires March 30. 19 , LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings vail be held by the Seuthcld Town Board of AP~, peals at the Southold Town Hall, Main Road, S(,uthold, NY at a Regular Me l, commencing at 7:30 p.m. -,~ THURSDAY AP RIL ll, 1985, and as follows: aA'7:30 p.m. EMILIA T. pIKE,~ y A. Wickham, Esq., ?,~aip ad Mattituck, NY for avon- nce to the Zoning Ordinance, rticle 1II, Section 100-31, Bulk hedule for approval of insuffi- cient area of proposed parcels 1 and 2 and insufficient lot width of Parcel 1, located at the North Side of Mai~t Road, Mattituck, NY; County Tax Map parcel No.~ ~x_~1000' 140'03 '26' 7:35 p.m. COLGAFFE DE- SIGN CORP., by W. Esseks, ESq., 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permis- sion to construct accessory build- ing within the westerly sideyard area. Location of Property: 7-11 ~tore, North Side of Main Road, C~utchogue, NY; County Tax Map Parcel No. 10~0-102-05-24- 7:40 p.m. BAYVIEW DE- VELOPMENT CORP~SAGE, by J. Forchelli, Esq., 120 Minepla Blvd, Mine~la, NY 11501 for a Variance to the Zoning Ordi- nance, Article IH, Section 100- 31, Bulk Schedule and Article XIII, Section 10~-136A ~for ap~ proval of insufficient a~ea and width of each lot in this '.p~o. posed 19-1ot cluster developn~nt or subdivision and msuffiaent set- backs. Location of Property: 67380 Main Road, Gree~ ~, NY; County Tax Map parc. ~. 1000-053-05-001,001.3, 12.3~ knoa~n and refel ~ed to as"Breezy Shore&" 7:55 p.m. JOSEPH I.IZEWSKI, 29205 Main Road, Cutchogae, NY for a Variance to the ?,oning Ordinance, Article III, Section 100-30(B)[6] for per- mission to construct building for private membership with an in- sufficient setback from the eas- terly property line. Location of Property: Nls Main Road and Els Depot Lane, Cutcbogue, NY; County Tax Map Parcel No. 1000-102-02-12.1. 8:00 p.m. JOSEPH . LIZEWSKI - Special Exception establishment of racquethalYPri' vote fnembership club. 8:05 p.m. 'lOMAS H1GGINS, Ruch Lane, South~ld, NY for a Variance to the Zoning Ordi- nonce, Article III, Section 100-32 for permission to construct acce$' sory garage in f~ontya~rd area, at 850 Ruch I~ne, Southold, NY; ~ounty Tax Map parcel No. 100~52-02-30. '~" 8:10 p.m. HAROLD cARR, Box 1416, Mattituck, NY for a Variance to the Zoning Ordi- nance, Article HI, Section 100-31 for perlni~sion to construct ~eck addition~Zwith an insufficient rearyard setback, at 2045 Mar- ratooka Road, Mattituck, NY; County Tax Map Parcel No. 1000-123-02-003- 8:20 pm. DOMINICK yAR- ANO, by R. Lark, Esq, Box 973, Cutchogue, NY for a Variance to th~ Zoning Ordinance, Article IH, Section 100-31, Bulk Schedule for approval of insuffi- cient area of propesed L~)t 3, at premises 6750 Indian Neck Road, peconic, NY; County Tax Map Parcel No. 1000-86-07-004. 8:30 p.m. WILLIAM AND HELEN COSTER, by R. L~rk, ESq., Box 973, Cutcho~e, NY for a Speci~I Exception to the Zoning Ordinance, Article 111, Section 100-30(B)[13] for perroi~ion to · ~establish and build one-story building as a funeral home busi- ness, at premises of Dalchet Corp., S/s Main Road and Wis Harbor Lane, Cutohogue, NY; County Tax Map Parcel No. 1000-97-6-part of 15; containing 2+ acres in area. The Board of ApFeals will at said time ana place hear all per- sons interested in the above mat. ters. Written cormmente may also be submitted prior to or .during the hearing in question. Dated: March 28, 1985. BY ORDER OF STATE OF NEW YORK ! SS: COUNTY OF SUFFOLK ) ~NN.~ LEK~-S __ of Greonport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, s Weekly Newspaper, published at Gresnport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is s printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the ~ day of ---~? ~ i ~ -- Principsl CIsrk THE SOUTHOLD TOWN BOARD OF APPEALS Sworn to before mo this ~4 - aNN ~l. 1TA4-4856 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 RnAD- STATE RDAD 25 SnUTHE]LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and Suffolk Weekly Times, Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowalski, at 765-1809 (or if no answer, 765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure ZONING BOARD OF APPEA~ TGWN HALL MA;it ROAD - S.R. 25 $OUTHOLD, N.Y,..11971 NOTICE IS HEREBY GIVEN, Law and the Code of the Town hearings will be held by the the Southold Town Hall, Main Meeting, commencing at 7:30 p.m. and as follows: pursuant to Section 267 of the Town of Southold, the following public Southold Town Board of Appeals'at Road, Southold, NY at a Regular on THURSDAY, APRIL ll~ 1985, 7:30 p.m. EMILIA T. PIKE, by A. Wickham, Esq., Main Road, Mattituck, NY for a Varian~ to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insufficient ~.of proposed Parcels 1 and 2 and insufficient, lot~ width of ~1_]~ located~at~"t~ North Side of Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-140-03~26. 7:35 p.m. COLGATE DESIGN CORP., by W. Esseks, Esq., 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100~1 for permission to construct accessory building within the westerly sideyard area. Location of Property: 7-11 Store, North Side of Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-24. 7:40 p.m. BAYVIEW DEVELOPMENT COR~/SAGE, by J. Forchelli, Esq., 120 Mineola Blvd, Mineola, NY 11501 for a Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule and Article XlII, Section 100-136A for approval of insufficient area each lot in this proposed 19-lot cluster development or subdivision and insufficient setbacks. Location of Property: 67380 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-053-05-001,001.3, 12.3; known and referred to as "Breezy Shores." 7:55 p.m. JOSEPH LIZEWSKI, 29205 Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30(B)[6] for permission to construct building for private membership with an ~lnsufficient setback from the easterly property line. Location of Property: N/s Main Road and E/s Depot Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-102-02-12.1. 8:00 p.m. JOSEPH LIZEWSKI Special Exception hearing to reconvene concerning establishment of racquetball/private member- ship club. I~ 8:05 p.m. TOMAS HIGGINS, Ruch Lane, Variance to the Zoning Ordinance, Article III, for permission to construct accessory garage in at 850 Ruch Lane, Southold, NY; County Tax Map 1000-52-02-30. Southold, NY for a Section 100-32 frontyard area, Parcel No. Page 2 Legal Notice of Hearings April ll, 1985 Regular Meeting Southold Town Board of Appeals 8:10 p.m. HAROLD CARR, Box 1416, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck addition with an insufficient rearyard setback, at 2045 Marratooka Road, Mattituck, NY; County Tax Map Parcel No. 1000-123-02-003. 8:20 p.m. DOMINICK VARANO, by R. Lark, Esq., Box 973, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insufficient area of proposed Lot 3, at premises 6750 Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-07-004. 8:30 p.m. WILLIAM AND HELEN COSTER, by R. Lark, Esq., Box Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[13] for permission to establish and build one-story building as a funeral home business, at premises of Dalchet Corp., S/s Main Road and W/s Harbor Lane, Cutchogue, NY; County Tax Map Parcel No. lO00-97-6-part of 15; containing 2+ acres in area. 973, The Board of Appeals will at said time and place hear all persons interested in the above matters. Written comments may also be submitted prior to or during the hearing in question. Dated: March 28, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski, Secretary (516) 765-1809 (alt. 1802) Instructions to Newspapers: Please publish once, to wit: THURSDAY, APRIL 4, nine affidavits of publication by April 9th to: Main Road, Southold, NY 11971. 1985 and forward Board of Appeals, Copies of Legal Notice to the following on or about 4/2/85: Abigail Wickham, Esq., attorney for E. Pike W. Esseks, Esq., attorney for Colgate Design Corp. J. Forchelli, Esq., attorney for Bayview Development H. Raynor, Jr. Dr. Joseph Lizewski Mr. Tomas Higgins Mr. Harold Carr R. Lark, Esq., attorney Suffolk Times (personal delivery) L.I. Traveler (personal delivery) Zoning Office Bulletin Board Town Clerk Bulletin Board Supervisor Victor Lessard ZBA members ZBA individual files for D. Varano and W. Coster applications APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAtRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 I~OUTHOLD, L.I., N.Y, 11971 TELEPHONE (516) 765-1809 TO: FROM: DATE: SUBJECT: Bennett Orlowski, Jr., Planning Board Chairman Jerry Goehringer, Board of Appeals Chairman February 8, 1985 Applications Involving Planning Board We would like to bring you up-to-date and to request.your comments or recommendations on each of the following matters recently filed with our office prior to the advertising deadline, if possible. (Once our hearing is concluded, no additional input legally can be accepted for consideration.) Date Filed Matter of Tentative Deadline 2-1-85 Dominick Varano (Subdivision) 3-4-85 ~---1%~-28-85 Emilia T. Pike (Subdivision) 3-4-85 m-''''~ 1-29-85 Briden Machine (Site Plan, etc.) 3-4-85 1-28-85 Wm. & Helen Coster (" " ") 3-4-85 1-9-85 Joseph Lizewski (Hearing 3-7-85) 1-9-85 Colgate Design (7-11, Cut) (Hearing 3-7-85) 12-4-84 Cutchogue Free Library (Hearings 2-14-85) 2-8-85 Saul Millman (Spec. Exc. & Var) 3-4-85 . ~q~.~z~ 12-31-84 Bayview Development Corp. 3-4-85 ~,fn .J ~r~\J[~ ) [,u.,-,',..-1 The following matters have received your arranged to be held for hearings in the Thomas Perillo Robert and Aldona Norkus John and Frances DiVello. ~ Alice D. Currie~.J~l~t4~'/~ Meehan and Leonardi responses and have been immediate future: Hearing 2-14-85) Hearing 3-7-85*) (Hearing 3-7-85*) (Hearing 3-7-85) (Hearing 3-7-85) Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHArRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, ,JR. ROBERT .I. DOUGLASS ,IOSEPH H. SAWlCKI Notice of Determination of Non-Siqnificancn March 28, 1985 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION APPEAL NO.: ~ ~%~q 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 [x] Unlisted [ ] DESCRIPTION OF ACTION: Variance for approval of insufficient propose~ Farcels 1 &2 an~ insufficient lot width of Farcel 1 LOCATION OF PROJECT: Town of Southold, County of Suffolk, particularly known as: North side of Main Rd. Matt. #1000-140-03-26 area of more 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)?he property in question is not located within 300' of tidal wetlands or other critical environmental area. 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. JUDITH T. TERRY TOWN CLERK REGISTRAR OI' VITAL SIAIISIICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 28, Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 1985 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Appeal No. 3327 application for a variance by Wickham, Wickham & Bressler (Ellen M. Urbanski, Legal Ass't.) for Emilia T. Pike and accompanying papers as outlined on the attached letter of [ransmittal from Ellen M. Urbanski, dated January 17, 1985. d-~udith T. Terry Southold Town Clerk WICKhAM, WICKHAM & BRESSLER, MATTITUCK LONG ISLAND NEW YOrK 11952 516-~98-83S3 January 25, 1985 Southold Town Zoning Board of Appeals Town Hall - Main Road Southold, NY 11971 Att: Ms. Linda Kowalski Re: Application of Emilia T. Pike Dear Linda: In accordance with your request, we enclose a check for $25.00 to the order of the Town Clerk. Please add this amount to the check for $50.00 previously sent to you, for a total application fee of $75.00. I understand that upon receipt of this check, you will file the application. Thank you for your attention to this matter. /emu encl. Very truly yours, Ellen M. Urbanski Legal Ass 't. WILLIAM WICKHAM ERIC J. BRESSIE~ ABIGAIL A. WICKHAM WICKHAm, WICKHAM & BRESSIER, P.e. MAIN ROAD~ P.O. BOX 14~4 mATTITUCK LONG iSLAND NEW YORK 1~952 January 17, 1985 Southold Town Board of Appeals Town Hall Main Road Southold, NY 11971 Re: Application of Emilia T. Gentlemen: Enclosed are application: 1. 2. 3. 4. 5. the following o Pike in connection with the above Application, in triplicate; Notice of Disapproval from the Building Inspector; Short Environmental Assessment Form; Questionnaire; Original Notice to Adjoining Owners with Affidavit of Service thereon; Five prints of the survey; Check in the sum of $50.00, representing the application fee. If any further information is required, please us as soon as possible. Very truly yours, contact / MIYR1 encls. Ellen M. Urbanski Legal Assistant ~TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, ~*X0~ ...~M~LIA..~.,....P.%I(~ ............................... of ' Main Road Name of Appellant ............................................................................ Street and Number ............................................................. - ........................... HEREBY APPEAL TO Municipality ................................ · State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 1/lO/85FOR: Permission to divide WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ) ( ) APPEAL NO..~ DATE ..J..a...n_u. ar~. ~ ~ 1985 Emilia T. Pike Name of A~'l~licont ~';;r'l~gr~it ............. of Main Road, MattituCk, New York ..... ........................ .................... g;g;; ....................... PERMIT TO ~ DIVIDE PERMIT FOR OCCUPANCY PERMIT TO BUILD 1. LOCATION OF THE PROPERTY~ of Main Road, Mattituck "A" A~r~m,lh~nl ~ Street and Hamlet ~6~'l~sidenti8) 1000~140,3-26 OWNER(S): Emilia T. ~e. Tax'/~g'~'~;.' ........................................ [J'~;7 .............. DATE PURCHASED: ............... 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.) Article II, Section 100-31 Bulk & Parking Schedule 3. TYPE OF APPEAL Appeal is mode herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York'Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (FuY-r~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeol was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ................................. Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) I is requested for the reason tho_t/~would like to divide the premises into two parcels. Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because my 'property now consists of 90,382 square feet. This is a large area in relation to the adjoining and neighboring parcels. It is increasingly difficult to maintain properly this large area, and I would like to cut down on the size of the property that I will have to continue td maintain. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity ofthis property and in this use district because the adjoining and neighboring properties are all under one acre each, and if this application is approved, I will have two lots, one approximately 30,000 square feet and one approximately 60,000 square feet. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because on~ lot would compare with adjoining properties, and I would still have a large lot of' 60,000 square feet. STATE OF NEW YORK COUNTY OF SUFFOLK SS Signature EMILIA T. PIKE 19 84 Notmy Publio, 8~t~ of N.~ Yo~k I~o. 5~12.~9000 - ~uffolk ~ ~ Comm~,~t Expir~ Mm,:h 30, I~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' the Petition of EMILIA T. PIKE to the Board of Appeals of the Town of Southold TO: Mr. & Mrs. Charles Zahra Mr. & Mrs. John Tandy Mr. & Mrs. Richard G. Endris Ms. Madeline Maneri Mr. & Mrs. John J. Bopp YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER Ms. Joanne Brooks Mrs. Fred Verme, Jr. 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) 2. That the property which is the sUbiect of the Petition is located adiacent to your property and is des- cribed as follows: South by Main ¢State~ Road; West by Verme; North bY Zahra, Tandy, Endris; Northeast by Maneri; East by Bopp, Brooks and Verme Suffolk COunty Tax Map No. 1000/140/3/26 3. Thattheproperty whichisthesubiectofsuchPetitionislocatedinthefollowingzoningdistrict: "A"-Residential!& Agricultural 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: Permission to divide the property into two lots: ohm having insufficient frontage, 5. That the provisions of the 5outhold Town Zoning Code applicable to the relief sought by the under- signed are ArticleS I & II Sectionsl06-20 & 100-31 Bulk & ParkinE Schedule, respectively. 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. (516) 7~5-1809. 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: December 27, 1984 ~ Petitioner EMILIA T. PIKE Post Office Address Main Road Mattituck, NY 11952 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. &Mrs. Mr. &Mrs. Mr. & Mrs. Ms. Madeline Maneri Charles Zahra John Tardy Richard G. Endris Mr. & Mrs. John J. Bopp 611 72B P 737 RECEIPT FOR CERTIFIED MAIL NO tNSURANCE COVERAGE pROV~OEO NOT FOR INTERNATIONAL MALL (See Reverse) 1215 Pike St. - Box 1137 Mattituck, NY 11952 Marratooka Road Mattituck, NY 11952 Pike Street Mattituck, NY 11952 Box 502 Mattituck, NY 11952 Maple Ave. Mattituck, NY 11952 2530 New Suffolk Avenue Mattituck, NY 11952 56 Lanyard Lane Huntington, NY 11743 Certified Fee Delivery Fee Fee .~ TOTAL Postage ,residlngat (no #) Oak Street~ g duly sworn, deposes and says that on the 17th day deponent mailed a true copy of the Notice set forth on the re- lamed persons at the addresses set opposite their respective names; 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- ficeat Mattituck, New York (certified)~-~;,~el~d) mail. (receipts ; that said Notices were mailed to each of said persons by attached). Ellen M. Urbanski Sworn to before me this 17th day of /~anuarv/.~ ,, 19 85 J/' JOAN HINDERMANN Notary Public NOTARY pUBLiC, State of NeW York .6905650-Suflolk County ~7 No..52 ~--~-os March 30, 19-~° FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date .~ .°~...~A~..~-~../..o ........ ,19.3'..~.. File No ................................ TO .~./.~.~..a~.., .~.,~.~...o~m ?.~ ..... . ?. . .~4.. . .~. . . T.. . ! . '. .~. . .... .%..0.>(..~. PLEASE TAKE NOTICE that your application dated. ~ ~ ~-~..~. ......... 19.~..~.~. for permit to ~ · .~'~. ............................................... at Location of Property }?..~.~-.~.~.. ..~O.o~ "TCc~. ~ a_~5~- hi, use No. ' ................ 'S't/e~i ....................... [.t~/'~ County Tax Map No. 1000 Section .... .}..~..~. ....Block ..... ~ ....... Lot ...c~ .~. ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds...~.. ~..4~....~.. ~..)..37.- .~1. . : ...... ~. .o.a. :.,9. ?. :. . . .~. . ...~.~..~. ......... ,..~.. , ~, q...~.~.~~. ~..~)'~. ~-..~..~... ........ ~ Building Inspector RV 1/80 INb-r~CTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available infozmation concerning the project and the likely impacts of t~ action. It is not expected that additional studies, research or other investigations ~) If any questic~ has been answered Yes, the project may be significant and a oa~leted Envirorm~ntal Assessment Fozm is necessary. (c) If all questions have been answered No, it is likely that this project is not significant. (d) Envirorm~.ntal Assessment: 1. Will project result in a large physical change to the project site or physically alter more than 10 auz=s of land? ................. No 2. Will there be a major change to any unique or unusual land form found on the site? ................................... No 3. Will project alter or have a large effect on an existing body of water? . . . No 4. Will project have a potentially large impact on groundwater c~,ml[ty? ..... No 5. Will project significantly effect drainage flc~ on adjaoent sites? ..... No 6. Will project affect any threatened or er~angered plants or animal species? . . No 7. Will project result in a major adverse effect on air quality? ...... No 8. Will project have a major effect on visual character of the c~,,,-,nity or soenic views or vistas known to be important to the c~,,,unity? ...... No Will project adversely impact any site or structure of historic, pre- historic, or paleontological importance or any site designated_ as a critical environmental area by a local agency? ................. 10. Will project have a major effect on existing or future recreatian-1 opportunities? .............................. 11. Will project result in major traffic problems or cause a major effect to existinq transportation systems? ...................... No 12. Will project rec~,~rly cause objectionable odors, noise, glare, vibration, or electric~ disturbance as a result of the project's operation? ..... NO 13. Will project have any impact on public health or safety? ........... No 14. Will project affect the existing o~,,,-,nity by &{rectly causing a growth in f~-manent f~tion of more than 5 percent over a one-year period or have a major negat/ve effect on the character of the cu~,,~nity or neighborhood? . . 15. Is the~ public controversy con~ the project? ........... PREPARER'S SIGNATURE: ,.,.~:: Attorney for Applicant f~,.~NTING: Emilia ~. P'ike DAT~. January 17, 1985 November 17, 1985 (Today's Date) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: Emilia T. Pike N/S of Main Road, Mattituck, NY Suff. Co. Tax Map #1000-140-3-26 Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] [ ] May be located within 300 feet of tidal wetlands; 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, constructed along the water-lying ~dge 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. [ x] 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.] Si ely . A~orney for Applicant .......