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Home My WebLink About3562 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLO, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3562 Application Dated 0¢tober 2, ]986 TO: Mrs. Patricia C. Moore Rudolph H. Bruer, Esq. as Attorney Main Road Southold, NY 11971 for ANA G. STILLO [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on December ]] ~ ]986, the above appeal was considered, and the action indicated below was taken on your [X] 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 of ANA G. STILLO for Variances: (1) to the Zoning Ordinance, Article III, Section 100-31, for approval of insufficient lot area, width and depth of three parcels in this pending Minor Subdivision, and (2) to New York Town Law, Section 280-a for approval of access over private right-of-way extending from the north side of Main Road to the premises in question. Location of Property: ROW off the North side Main Road, Orient, NY; County Tax Map District lO00, Section 14, Block 2, Lot 26, containing 3.2 acres total. WHEREAS, a public hearing was held and concluded on November 20, 1986 in the Matter of the Application of ANA G. STILLO under Appeal No. 3562; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application~ and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. The premises in question is a described parcel of land containing a total area of 3.2 acres which extends at the north end of a 20' right-of-way 300.43 feet from the north side of the Main Road, Orient, Town of Southold, and is more particularly designated on the Suffolk County Tax Maps as District 1000, Section 014, Block 2, Lot 26. 2. The entire premises is vacant. 3. This is an application requesting: (a) approval of the proposed insufficient area of proposed Parcel #1 of 1.2 acres, or 52,272 sq. ft.; Parcel #2 of 43,560 sq. ft. (1.O acre); and Parcel #3 of 43.560 sq. ft. (1.0 acre); and each having an insufficient average depth [east-west] of 157± feet, and (b) approval of access over a 20-ft. (CONTINUED ON PAGE TWO) DATED: December ll, 1986. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3562 Matter of ANA G. STILLO Decision Rendered December ll, 1986 wide right-of-way extending 300.43 from the north side of the Main Road to the beginning of the 3.2-acre parcel. 4. Town records show parcel was conveyed to the Liber 9393 cp 136. that the subject 3.2-acre applicant on July 20, 1983, 5. Variances of 27,600 sq. ft., or 34.5% of the minimum lot area requirement of 80,000 sq. ft. (adopted May 20, 1983) for proposed Lot #1, and 35,200 sq. ft. or 44% for each of the remaining two proposed parcels, are requested. The percentages requested are substantial in relation to the zoning requirements. 6. It is noted for the record that: (a) by letter dated April 24, 1986, the N.Y.S. Department of Environmental Conservation waived jurisdiction; (b) the Suffolk County Department of Health Services approved this three-lot division October 21, 1986; (c) an application is pending before the Southold Town Planning Board for a minor subdivision which has not as of this date been finalized. 7. It is further noted for the record that premises to the west (Malis) consists of 10+ acres. Premises to the east are two minor subdivisions finalized prior to the enactment of the 80,O00-minimum lot area requirement, to wit, the most northeasterly five-lot minor subdivision (approved November 29, 1972, Frank Stillo), and the southeasterly three-lot minor subdivision (approved June 12, 1979, P. Sledjeski). Properties further east thereof vary from four to nine acres, or more. 8. With reference to the request for approval of access pursuant to New York Town Law, Section 280-a, it is the opinion of this board that improvements over the 20-ft. wide right-of-way are necessary and are further stipulated, infra. It should be understood that the conditional approval of access is to the premises as a whole (3.2 acres). In considering this appeal, the board also finds and determines that the area variances requested must be denied since: (a) the percentage of relief requested is substantial, being a variance of 34.5% and more of the requirements; (b) the circumstances are not unique; (c) there would be a substantial change in the character of the neighborhood, setting a precedent for similiar situations in the area; (d) the relief requested is not the minimal necessary; (e) there is a method feasible for appellant to pursue other than the variances requested; (f) this project is not consistent with the spirit and intent of the zoning ordinance; (g) in view of the manner in which the difficulty arose and in considering all the above factors, the interests of justice will be served by denying the variances as applied. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was Page 3 - Appeal No. 3562 ' Matter of ANA G. STILLO Decision Rendered December ll, 1986 RESOLVED, to DENY the area variances requested for the three proposed parcels; and be it further RESOLVED, to GRANT Approval of Access pursuant to New York Town Law, Section 280-a over the 20-foot wide right-of-way extending from the north side of the Main Road a distance of 300.49 feet to the northwesterly section of the subject 3.2-acre premises, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the applicant's legal right to use this 20-ft. wide right-of-way be in full force and effect; 2. That this approval of access is granted for one dwelling (one lot) and shall not be recognized as approval of access for any other dwellings; 3. That the right-of-way be cleared and improved a full 10-feet in width as follows: Excavate 12" deep (or to sand) and replace with bank run containing a 20% stone content, and add two inches (2") of stone blend or crushed concrete as top layer. 4. Final acceptance of improvements to be made as authorized by the Board of Appeals, and if inspected and approved by the Building Inspector, a copy of his written report and acceptance to be submitted to the Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. This resolution was duly adopted. (Member Grigonis was absent due to illness.) lk December 16, 1986 Southold Town Board of Appeals MAIN I~EJAD- STATE RE}AD 25 SEJUTHE}LD, L.I., N,Y. 11~J71 'rELEPEIONE (516) Z65 ~809 APPEALS BOARD MEMBERS GERARD P GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPH H. SAWlCKI August 10. 1987 Rudolph H. Bruer, Esq. Patricia C. Moore, Esq. Edson and Bruer Main Road Southold, NY 11971 Re: Appeal No. 3619 -Ana G. Stillo (Variances) Dear Rudy and Pat: This letter is in response to your August 4th inquiry concerning 280-a status in the above matter. The procedure to be followed in either requesting a second, alternative 280-a. or substituting another private access, is only by formal application to the Board of Appeals. The Board does not have authority to change or modify, waivers or take other action concerning previous decision(s) without formal application, public hearing, etc. When applyin9 for the new access route, please sure to furnish copies of the granted easement for both parcels. be Yours very truly, ~alski Board Secretary Se EOL Southold, N.Y. 11971 (516) 765-1938 June 22, 1987 Mr. Rudolph H. Bruer Attorney at Law Edson and Bruer Main Road Southold, NY 11971 Re: Ana G. Stillo Minor subdivision Dear Mr. Bruer: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, June 15, 1987 RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled "Ana G. Stilld'located at Orient, tax map no .1000-14-2-26 was submitted to the Planning Board on April 20, 1987 and filing fee of $550 was also submitted on April 20, 1987, and WHEREAS, a public hearing was held on said subdivision application and palt at the Town Hall, Southold, New York on Jun el, 1987 at 7:30 p.m, and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivsion plat and application, NOW, therefore, be it RESOLVED that the application of Ana G. Stillo for approval of said subdivisino plat prepared by Rod Van Tuyl, and last dated January 29, 1987, be approved and the Chairman be authorized to endorse approval on said subdivision plat, subject to the following conditions within six months from the date of this resolution. 1. Receipt and compliance with the resolution of the Suffolk County Planning Commission. 2. Notice of completion and approval of the access road improvements as per the Board of Appeals decision of April 2, 1987. Mr. Rudolph H. Bruer Page 2 6/15/87 If you have any questions, contact our office. cc: Board of Appeals please don't hesitate to Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary Memor~lum from . . . . Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 Date: 6/17/87 To: Planning Board, Attn: Diane From: Board of Appeals Office Re: Ana G. Stillo, ZBA #s3562 and 3619 Per your inquiry today, please let this confirm that the conditional 280-a action rendered by this Board on 12/11/86, and subsequently conditioned for this division (for two lots) on 4/2/87, has remained inactive. Upon notice to the Z.B.A. that the improvements are under construction by the applicant or her agent, we will be in a position to arrange for inspections and final acceptance. Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH 8. SAWlCKI January 13, 1987 Mrs. Patricia C. Moore Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 3562 Ana G. Stillo (Variances) Dear Pat: Transmitted herewith for your file is a copy of the response received yesterday from the Suffolk County Department of Planning in the above matter. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski DEPARTMENT OF PLANNING {~23OUNTY OF SUFFOLK Michael A. LoGrande Acting County Executive January 8, 1987 Mr. Gerard P. Goehringer, Chairman Town of Southold Zoning Board of Appeals Southold Town Hall - Main Road Southold, New York 11971 Re: Application of "Ana G. Stillo" (#3562), Town of Southold (SD-86,38). Dear Mr. Goehringer, Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Con~nission on January 7, 1987, reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following reasons: It would only tend to undermine the effectiveness of the zoning ordinance, constituting an infringement upon legislative powers exclusively delegated to the Town Board; It would alter the character of the area and establish a precedent for the continuance of such undersized lots in the locale; and, There appears to be no demonstrable grounds of practical difficulty or unnecessary hardship at the site. GGN:gcc Very truly yours, Lee E. Koppelman Director of Planning Chief Planner APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. OOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 Pursuant to Article XII! 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: × Variance from the Zoning Code, Article III, SectionlO0-31, Bulk Sohedul Variance from Determination of Southold Town Special Exception, Article , Section Special Permit Building Inspector X Request for Variance Due to Lack of Access to New York Town Law, Section 280-a Appeal No.:3~ Applicant: ~ ~ ~mT~n Location of AfTected Land:~-'-'~ ~' ~t~ · . / in ~a., ~rlentt NY County Tax Map Item No.: ~0~- 14-2-26 Within 500 feet of: Town or Village Boundary Line × 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 or 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 Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting R~R~xRR approval of insufficient lot, area, width and depth of three parcels in this pending Minor Subdivision, and approval of access over right-of-way from the north side of Main Rd. to the premises in question. Copies of Town file and related documents enclosed for your review. Dated: December 16, 1986 Secretary, Board of Appeals 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 RnAD- STATE RnAD 25 Sr'IUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 December 16, 1986 Mrs. Patricia C. Moore Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 3562 -Ana G. Stillo (Variances) Dear Pat: Attached for your perusal and file is a copy of the recent findings and determination rendered in, the above matter. Copies of same have been transmitted to the Planning Board and Building Department for thei6 files. lk Enclosure Copy of Decision to: Planning Board Building Department Suffolk County Planning Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Commission ~THOLD TOWN BOARD OF APPE~ MATTER OF ANA G. STILLO THURSDAY~ NOVEMBER 20~ 1986, PUBLIC HEARING 10:04 p.m. Appeal No. 3562 - Public Hearing con~nenced in the Matter of ANA G. STILLO. Variances for: (1) Approval of insuf- ficient lot area, width and depth of three proposed parcels; (2) approval of access per NY Town Law, 280-a. ROW along the North Side of Main Road, Orient. The Chairman read the legal notice and application for the record. CHAIRMAN S0EHRINSER: I have a copy of a survey from Robert Van IUY[, P.C. map, October 25, 1985 amended March 7, 1986 indi- cating lot #1 on Long Island Sound and 1.2 acres, Lot #2 on the center lot of 1.0 acres, Lot #3 which is the most southerly lot of 1.0 acres in the back of the Bro Corp property approximately 300.43 feet of the Main Road in Orient. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Would you like to be heard? MS..MOORE: Ana Stillo wishes to create a minor subdivision in Orient. The 3 lots which would be created would each be at least 40 thousand square feet and meeting the one acre, each being over 1 acre or 1 acre. These resulting in undersized lots and that's why we're here. We have gone to the Planning Board for the sub- division but they had referred it to you for the creation of the undersized lots as well as the 280-a access to lot (I believe) #3. The lot furthest south of the 3. The standard reviewed, as you know, is practical difficulties, their relief as requested is not substantial under the circumstances. The first that I'd like to say is that the 3 lots will create a minor subdivision. Two lots being one acre. The third being 1.2 acres. If you refer to the survey, you'll see that it shows that the building envelopes are of sufficient size to accomodate a one family resident. And if you look at the survey, the lot that is adjacent to Long Island Sound has no consideration that the setback requirements from the bluff and we're 100 feet from the back of the bluff and that build- ing envelope will be outside.~ Ail three trustees of the Zoning Board put a 75 foot setback as the D.E.C. We have a letter from the D.E.C. stating that they waive jurisdiction and I'd like to place that on the record already if you don't have it in your file. And I have several copies of that to pass around. The second item; we also have access to lot #1 and lot #2 on (if you see on the sur- vey that we reserved) a right-of-way and we are seeking 280-a ap- proval just so that's a record and right-of-way. We are obviously approved for this within the 20 feet that we granted in the deed so that we will take that into consideration. The second element is that by granting the relief requested, the character of the neigh- borhood would not be adversely effected or changed. I have a tax map showing surrounding subdivisions. And if you note that north of Main Road in this area of ours is quite developed. There are several one acre lots. One which is adjacent to the property in question and then west of it. So that we will be conforming to the area and the surrounding area. TAPE ENDED Page 2 - November 2~1986 Public Hearing - AnCo Stillo Southold Town Board of Appeals MS. MOORE (continued) The properties will be created. We are proceeding with the Health Department. We are taking into account cesspools wells and the Health Department requirements. On the survey you'll see that tests have been donw and we are really (right now) waiting for Health De- partment, notice from the Health Department° Do you have any ques- tions? Finally, that the interest of justice will be served on the variance in light of the adjacent one acre subdivisions in the area and the time and expense that Ana Still has incurred in going through this application. We~have gone to the Planning Board. We started our application in February of this year and we got kind of held up with the SEQRA. As you know, it was going back and forth between the Planning Board and the Zoning Board and to who was going to make SEQRA determination. We went on for about 4 months. We finally got the SEQRA so we could proceed with the Health Department and we've been going now steadily hopefully toward the completion of this project. I would also like to point out, I'm sure you have in your file and you are concerned with the recommendation the Planning Board made on this project. After reviewing this (if you don't have it there) they recommended that the parcel be retained just one piece. And their reasoning was that this area is zoned as 2 acre and the area just south of the parcel is zoned or for 100 and the proposed Master Plan would have been 10 acres. That's no longer the case. When we started the ~pplication that may have been in fact what the zoning was going to be. But since then, the area that we're concerned with right here is proposed as 2 acres but still that doesn't eliminate the availability of this Board to come and get approval from you. So there is no change from the existing zoning to the proposed zoning. We are still before you and we still seek to create a minor subdi- vision. That~won't change when the proposed plan comes into effect. As far as the 10 acre zone, they were mistaken or possibly they were not mistaken when the proposed (plan) Master Plan in February was out. The cut of Main Road for 10 acres was south of Main Road and above that was going to be 2 acre zoning. That's no longer the case. We no have .... It's going to be 5 acre zone but substantially south of Main Road along the 5 foot contour. Along the contour. So it is substantially further south than what the Planning Board had in mind when they first made their recommendation. So we're hoping that your approval of a 3 acre substandard lots and the 280-a, we could proceed with the Planning Board and convince then that their rezoning if Febru- ary does not really hold water now. CHAIRMAN GOEHRINGER: Is there any reason why you choose to seek a tour of the area over the ..... MS. MOORE: We had access to the back lots through the deed on the easterly most right-of-way that goes through I think it's B.D.B. properties as the property owner now. That~only allows use, cur- rently in contract or in the contract it allows for just access to the 2 back lots. We, in the contract, we agreed to reserve the 25 foot right-of-way on the east to provide for that southerly lot so that we wouldn't overly burden the right-of-way of the development to the east. So we are trying to keep in mind that there is a de- velopment on the east and we didn't want to over burden that right- of-way for the adjoining property owners. Page 3 - November 20m.~1986 Public Hearing - Ana~ stillo Southold Town Board o~Appeals CHAIRF~ GOEHRINGER: There is presently nothing really there. It's virgin soil is it not? MS. MOORE: Are you talking about the easterly right-of-way because there are 2. CHAIRM3kN GOEHRINGER: I'm talking about the west. MS. MOORE: The westerly right-of-way I don't think has been im- proved at all. There's nothing there. CHAIRMAN GOEHRINGER: Maybe you can give us a picture of that if you would. MS. MOORE: We are entitled to 20 feet of that right-of-way° Ob- viously for the people .... CHAIRM3kN GOEHRIBG~R: Is it 20 feet of the right-of-way that they just cut? It's two different rights-of-way. MS. MOORE: I'll show you right here. The 3 lots are right here. There's a subdivision on the east° This right-of-way here is be- ing improved by the B.D.B. properties. Right now Davis has already given his recommendation. That's not the eight-of-way we're talking about. There's a right-of-way here° The 3 lots right here. There"s a separate right-of-way° That's the one we want approval Oho MR. WELLS : He put a fence acrcss the shalfo MS. MOORE: Over here? MR. WELLS : Yes° It's fenced all in with a gate° MS. MOORE: It may be but they are not (legally) allowed to prevent us from using that right-of-way where we've already reserved it in the deed. CHAIRI~ GOEHRINGER: There's an entrance to ilo MR. WELLS : There's an entrance there but it's all fenced ino MS. MOORE: It doesn't matter as long as they provide access to out lots. So it can remain fenced in as long as our property owners have a key. That's alrighto CHAIRMAN GOEHRINGER: Is there anything you want to say about the conditions of the right-of-way? MS. MOORE: We know what'the conditions are for the easterly right- of-way. Mr. Davis. I have a record of that. We hope there will be reasonable .... We're willing to .... We have up to 20 feet to improve but obviously you want to keep a residential nature. It's almost like a long driveway for this one property° So if at all possible, we'd prefer to have it just a black top or stone. Pro- bably the most inexpensive way possible° Page 4 - November 20, 1986 Public Hearing - AnaL Stillo Southold Town Board ~Appeals CHAIRMAN GOEHRINGER: I thank you. Is there anybody else who would like to speak in favor of the application? Against the application? MS. KIKERAS: Yes. I just want to argue against it. Actually I have no argument. I just want to~tablish the fact that .... CHAIRMAN GOEHRINGER: Could I just have your name for the record? You have to come up. We're taking this down° MS. KIKERAS: I'm speaking for my father° I just want to establish the fact that we are against it basically because of the 2 zoning, 2 acre zoning that's in effect right now° And also because we own the property previously owned by Peter Sledjeski and there is proper- ty behind us owned by Bennet and Bro Corp. And in the event that permission is granted for these subdivisions, in the event that Bennett and Bro Corp. decide to sell their property and divide it into one acre lots, they will have reason to base it on this deci- sion. And we fear that it might become like a small community. It's over populated and we lived in the city° When we bought the home we bought it basically with the intention of coming out to re- lax, have peace and quiet and it's not a very strong argument° Ba- sically that's why we bought the house. And if it becomes extremely populated, it will ruin the whole effect of Orient Point in our opinion. CHAIRMAN GOEHRINGER: Just for the record, there is a subdivision presently on B.D.B. MS. KIKERAS: Yes I believe it's already been subdivided and they can't subdivide it any further. CHAIRMAN GOEHRINGER: This is what it looks like on the tax map. This is where you live here. Those lots are presently existing. They've already been divided. What in effect this lady is doing is for these 3. This is the right-of-way over here that she's talking about. MS. KIKERAS: And what about this piece of property right here? MS. MOORE: Right there it's in one property e~v-mer. I believe it was subdivided already way back in '72° So they can't. MS. KIKERAS: They probably could come back and subdivide but they'd be subdividing on one acre piece to even smaller. CHAIRMAN GOEHRINGER: That was a part of the original Sledjeski subdivision. Thank you. Is there anybody else that would like to speak against the application? MR. MOORE: ~ Before you close, I'm sorry. If you want, I had one more exhibit that was our deed and what we have° CHAIRMAN GOEHRINGER: That would be great. Sure. MS. MOORE: I don't have the deed but I have the title report for the Bro Corp piece that we would be using. Page 5 - November 20, 1986 Public Hearing - Ana~ Stillo Southold Town Board~'Appeals CHAIRMAN GOEHRINGER: And it names you in that title? MS. MOORE: Yes. It reserves a 20 foot right-of-way. CHAIRMAN GOEHRINGER: Thank you. Hearing no further questions, (did you have any other questions?) closing the hearing and re- serving the decision until later. Ail in favor,- aye. Transcribed from recorded cassette tapes. By Nadia Moore ~'! YOP~ STAT~ DEPA~I,.'~ OF ~I~0t~ CO}iS~VATIOil Regulatory Affairs Unit ~ld~. ~0, 5~--~.o~ 219 Stony Brook, ~ 117~4 (516) 751-7900 I O' ol a., 5 ,11o : ~ork ~tate De~art~en~ o~ En~iro~ntal ~e~ation has ~ound the parcel Greater than 300' from inventoried tidal wetlands. Landward of a substantial man-made structure, ~ greater than lO0* in length constructed prior to September 20, !977~ JLandward of lO~ contour elevation above mean sea level on a gradual, natural slope. Landward of topographical crest of bluff, cliff or dune in excess of 10' in elevation above mean sea level. Therefore, no permit under Article 25 (Tidal~etlands of the Environmental Conservation La~.O is required at this time since the current proposal ia beyond State mendated Jurisdiction pursuant to this act. tic,ever, any additional work or modifications to the project may require a permit. It is your responsibility to notify this office, in ~iting, if such additional york or medificationa are contemplated. Very truly yours,' . Alternate Pe~it Ad~inistrator COMMONWEALTH LAND TITLE INSURANCE COMPANY A Reliance Group Holdings Company 209W. MAIN STREET, P.O. BOX 419, RIVERHEAD, NEW YORK 11901 EASTERN SUFFOLK: 516-727-7760 July 15, 1985 ANDREA RIVE Assistant Vice President Branch Manager William Price, Jr., Esq. 828 Front St. Greenport, NY 11944 , Re: Title No. G-621 848-S Stillo to Brokaw Main Rd., Orient Dear Mr. Price: Please be advised we have omitted exception No. 11 from the above captioned report of title and have added exception No. 14 to read as follows: 14~urvey made by Roderick Van Tuyl, P.C., dated 6/29/72 and redated 7/9/85 shows as vacant unimproved land. a) 30 foot right of way shown over westerly part of Parcel Af I~) ~ ~i 20 foot right of way shown over westerly part of Parcel c) 30 foot right of way shown over southerly part of "Lot 1" and westerly part of "Lots 3, 4, & 5" on Minor Subdivision Map of Frank Stillo. ".,.~O encroachments shown. Very truly yours; COMMON-WEALTH LAND TITLE INSURANCE COMPANY ROBERT H. GA~FGA For the Company RHG/lb Enc. cc: Rudolph H. Bruer, Esq. TITLE INSURANCE SINCE 1876 ~AP O~ PF4OPE~TY DLO 4 ®/ ~oLlff° 441 F,j LEFFERTS P. EDSON RUDOLPH H. BRUER MAIN RDAD November 5, 1986 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Variance application for Ana G. Stillo Premises: Orient, New York Dear Sirs: Please be advised that the 280A access variance applied for in connection with the above referenced property applies to the 20-foot right of way, approximately 300 feet in length, running from the northerly side of Main Road (NYS Route 25) to the southerly side of Lot #3 on the proposed minor subdivision map. To assist in indentification, I have highlighted the subject right of way on the enclosed copy of survey. Sincerely, ~R~dolph ~. Bruer RHB/df Enc. cc: Mr. and Mrs. Frank Stillo October 30, 1986 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Variance Application for Ana G. Stillo Premises: Orient, New York Dear Sirs: The Suffolk County Department of Health Services has endorsed the above subdivision map with their approval under Article 6 of the Suffolk County Sanitary Code. We enclose a copy herewith for your file. I believe our variance application before your board is now complete. Please schedule a public hearing of this matter as soon as your calendar will permit. Sincerely, RU,~olph~. RHB/df J Eric. cc: Mr. and Mrs. Frank Stillo October 8, 1986 Suffolk County Dept. of Health Services General Engineering Services County Center Riverhead, N.Y. 11901 Re: Minor Subdivision for Ana G. Orient, New York Your reference: 104(SO) Stillo Dear Sirs: Pursuant to your notice dated 2/28/86 (copy enclosed), we hereby submit copy of SEQRA determination letter, dated 10/2/86, from the Town of Southold. We believe this completes your file for approval this matter under Article 6 of the Suffolk County Sanitary Code. May we please have your determination as soon as possible. Sincerely, of Rudolph H. Bruer RHB/df Encs. cc: Mr. and Mrs. Frank Stillo Southold Town Planning Board Southold Town Zoning Board of Appeals Southold Town Board of Appeals .L APPEALS BOARD MEMBERS October 2, 1986 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. $ oE.Q.R.A. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NEGATI%rE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3562 PROJECT NAME: ANA G. STILL0 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 Envirorn~ental 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: ~ariance for appr0va] of insufficient area and depth of three proposed parcels in this.pending minor subdivision. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Right-of-way off the North Side of Main Road, Orient, NY; 1000-14-2-26, containing a Cbfal of 3.2 acres. 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) The relief requested is a lot-line/area variance regulated as provided in Section 617.13 of the State Environmental Quality Review Act, 6 NYCRR. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals,.Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to on the Town Clerk Bulletin Board. the applicant or his agent and posted P D LD S ¥ Southold, N.Y. 11971 (516) 765-1938 February 13, 1986 Mr. Rudy Bruer Attorney at Law Main Road Southold, NY 11971 Re: Ana G. Stillo located at Orient Dear Mr. Bruer: The following action was taken by the Southold Town Planning Board, Monday, February 10, 1986. RESOLVED that the Southold Town Planning Board refer the following comments and recommendations regarding the subdivision proposal for Ana G. Stillo, located at Orient: The proposed zoning for this area is R-80 and the area just South of this parcel is proposed for R-400 zoning. The Board is not in favor of this subdivision and recommends that it remain as one building lot, since the ~ ~posed subdivision is not in compliance with the existing o~ proposed zoning. 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 cc: Board of Appeals May 27, 1986 Suffolk County Dept. of Health Services General Engineering Services County Center Riverhead, N.Y. 11901 Re: Minor Subdivision for Ana G. Stillo Orient, New York Your reference: 104(SO) Dear Sirs: Pursuant to your notice dated 2/28/86 (copy enclosed), we hereby resubmit the above proposal for your final review. In connection therewith we enclose the following: 1. Three (3) prints of the subdivision map with locations and details of the test hole and test well. 2. Development Application HRS-1, signed by myself, as owner's agent, and by the land surveyor. 3. Signed environmental assessment form Be advised that the test well was sampled by your representative on 4/29/86. In order to proceed with the division process before the Southold Town Planning Board, we must first obtain your letter stating that this subdivision meets the requirements of Article VI of the Suffolk County Sanitary Code. Please forward same to this office as soon as your determination has been made. Sincerely, Rudolph H. Bruer RHB/df Encs. cc: Mr. and Mrs. Frank Stillo Southold Town Planning Board . AI SUFFOL. DEPARTMENT OF HEALTH SEk WASTE WATER MANAGE)tENT SECTION Suffolk County Center Riverhead, New York 11901 NOTICE OF INCOMPLETE APPLICATION - SUBDIVISION TO~°~c~Tu~L/?~'c~ /1¢d4- I Date: ~/~/~' ~ ~t-~g°~/- '~7- J H.S. Reference'~7/~ ~'~'L'~OZ~ ' , ' Your pm]Jminary/fJ~al plan submission for the above referenced subdivision or development has been reviewed by th~s off~ce. To meet the ~equJrements o~ th~s Departmnt, and prior any final review o~ your proposal as submitted, this office w~]] require the Preliminary Submission ~iSi,~I~i~ Applications ~ealty Subdivision or Development Environmental Assessment Form. ~ Agplicati°n HRS'I'~/~'£ paper prints of proposed subdivision or development plan. including topographic survey. I~1 Test Holes [] Located and witnessed by representative of this office. Call 548-3321 ~ Licensed surveyor or engineer as per SCDHS location instructions. ~ Other £ U I [] Test Wel 1 ~ Located and sampled by a representative of this office. Call [] Sampled by an approved laboratory. m Other ~! [-lPublic Water Availability Letter from Local Water District for appointment. 348-2895 for appointment. Final Submission ~Include on Final Maps · Test hole locations/details ~1 Test well locations/details [] Sewer line locations/details Other Sewage Disposal Location~Detatls Water main locations/details Professional engineer's signature and "statement" '0 Other Requirements ~lThe following are required prior to continuing review: [] Board of Review determination letter. [] Wetlands permit or determination letter from NYSDEC. · SEQRA detemination letter from Town/State. ?~ Filing fee check of $4.50 per lot at time of submission. ADDITIONAL INFORMATION MAY BE REQUIRED PRIOR TO FINAL APPROVAL. F~q~E ?,ETURN A COTY OF THIS FORM WITH ANY RESUBMISSION. 18-977:9/84 ~'~ ~ ¥0~ 11901 ~ _APPLICATION FOR APPROVAL ~ ~ S~D~SI~S ~ D~P~7, (Plebe t~ or prat ~e foll~g ~fo~ti~} Applicat/on is hereby "~"~a for the a~proval of plane for & realty sub4/visl~/devmlo~m~nt as required by the proviei~ns of ~he Suffolk County SA-~tar~ Coda. 1. 2. Name of $ubd/vielon or Development .,,Minor Subdivision for Property Lo,at/on 0 r i e n t ~) Property Tax Map No. (Village or Town) 3. O~ner's Name Aha G. Stillo (I~!vidual, Corporat/on or Partnership Owning p Montebello Road ,. s ern. .l.p on. 5. ~at i$ ~e ~1 area of conti~o~ly o~ed prope~? 3.2 acres · - , 7. ~at is ~e total n~r of lo~ What is the intended use of these lot~? [] Single family residences [] Two-fam/ly residences [] Commercial or ind~strial center [] Other What do you intend to do with these lots? [] Build on all lots ~ Sell lots only [] Other 1000-014-2-26 [] Multi-fam/ly housing . [] Build on s~e lots and sell others 10. ..... : ......... ~ ~ this What is nature of soil? ~"~,,,~ .............. ble at F{.~ (Describ~ to a depth of 17 feet, giving thickness of various ,4" .,:,.':~J /,~.~,..,:.._-~ ,/ ,~.:,,..,. z~" ~l~/~.,J.~,~ . ~,,~ ~.,,~i/3..~.~/ ~ .... /~.. s~ata su~ as topsoil, lo~, clay, s~d, ~avel, h~dp~, etc., if ~o~) 1!. 12. What is topography? flat (i.e., flat, rolling, Steep, etc.) What is the depth to the water table? -~Ir~fo=matlon unavailabl0 at thi£ ti~ue_ (Give ma~xin~, and minimum if there is a /6'/ ' '~'~' -~'~ // H. 7J-1 (~.ev. 4/84) variation and how determ/ned] [] PubLic water supply [-~ Individual water supply 14. Mhe~: ~a the approx~=-te ,q~s'~Lnce to the neerest, public water supply main and the ne,me of the suppLter? N/A 15. What ~a ~ propos~ m~thod of sewage 16. [2~ Xndividual sewage ~Lst~ict? N/A 17. ;.re ~.here any pollution sources in ~-he axea which could affect ~he lx~lic health or (If Xes, explain) NO the teepees/hie official o~pany or co~r~-~on offering the sA-~ for sale). .IT IS ~REB¥ AG~D that if the attached plane ~ated 12/19/85 or any amendments or re~si~s ~.ereof ~e a~r~ed by ~e Suffo~ Co~ ~p~t of Heal~ Se~i~s, ~tal- lation of wa%er &up?ly a~ sewage ~s~sal facl~es will ~ ~de ~ ac~r~ce wi~ ~e de- t~ls ~ereof ~ sho~ on su~ approved pl~. If ~e s~i%~d 1~, s~ on su~ plus, ' ~e sold ~fore su~ lns~11a~ons ~e ~de, it is a~e~ ~at all p~ch--~rs of lo~ ~11 ~ .~ished wl~ a leg~le repr~uc~on of ~e app~ved p~o ~ ~ey ~11 ~ no,lied of ~e TO BE FI?I3~D IN BY PROFESSIONAL ENGINEER A~D LAND SURVEYORt The plans sn~tted with this application were prepared by me or under my supervision and direction. Water supply and/or sewage d/sposal facilities shown on the plans were d~signed after a c~reful and thorough study was made including local soil and groundwater conditions. Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS ROARD MEMBERS October 2, 1986 S.E.Q.R.A. GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .JR. ROBERT .J. DOUGLASS JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3562 PROJECT NJ~VLE: ANA G. STILL0 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 envirorkment 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: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: ~riance for approval of insufficient area and depth of three proposed parcels in this pending minor subdivision. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Right-of-way off the North Sid~ of Main Roads Orient, NY; 1000-14-2-26, containing a total of ~.2 acres. 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) The relief requested is a lot]line/area variance regulated as provided in Section 617.13 qf the State Environmental Quality Review Act, 6 NYCRR. FOR FURTHER INFOR/V~ATION, PLEASE,CONTACT: Linda Kowals~i, 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. Legals- ~tm~ b~ildin~ f°r ~t~r~e ~md of contractor's machinery · ~ .quipment. Location of :~ ~: ~t Side of ~ ~I~ 0F ~NGS ~, ~en~ NY; Co~ty ~ Map ~st~, 1~, ~on 18, NOTICE IS HEREBY GIV- EN, pui~annt to Section 267 of the Town Law and the Code of the Town of South01d, the foaowing PUblic hearts will be held by the ~. at the Southold T0w~i-HaH, Block 05, Lot 12. "B-Light" Business Zoning District. 8:20 p.m. Appeal No. 3552- JOHN SENKO. Reconvene hearing concerning Variance for shopping center use in this B-I General J Business Zoning District containing 30,084 sq. ft. ly sworn, says that she is the ,ND TRAVELER-WATCHMAN, at Southold, in Suffolk County; the annexed is a printed copy, Main Road, Southold, NY at a 7:30 p.m. on THURSDAY. NOVEMBER 20t l~6-~d'~s f~t&vs:: .... 7B5 p.m. Appeal No. 3573- ~ ~rianee to theZoning Ot~fllf~ce, Article III, Section 100-32 for permi~sinn to locate ~ _,~__sory gnmge structure in the frontyard area at premises loca~d on the south side of a private right-of-way extending off the east side of Camp Mineola Road, Mattituck, NY; County Tax Map Parcel No. 1000-123-06-17. 7:40 p.m. Appeal No. 3571- M~ROARET AND JOSEPH ~ Variance to the Zoning O~dinance, Article XI, Section 100-119.2 for pern~ssion to con- struct'addltinn at the southerly side of existing dwelling with in- sufficient setback from the b~lkhead niong tidal water are~ and insufficient setback from the rear property line at premises located on the south side of a private fight-of-way ex- tending off the east side of Camp Mineola Road, Mat- fitock, NY; County Tax Map Parcel No. 1000-123-06-17. 7:45 p.m. Appeal No. 3568- ~T_AMATIOS AND ALE. N~ RAPAN-A~lS. Special Excep- tion~ the Zoning Ordinanc~ to establish one accessory apai't- merit in the existing dwelling structure in accordance with the requirements of Article III, Sec- tion 100-30(B) subsection [15]. Location of Property: 2030 Boissenu Avenue, Sontbold, NY; County Tax Map District, 1000, Section 55, Block 6, Lot 40. 7:50 p.m. Appeal No. 3569- BOATMEN'S ]-IARBOR MARINA: Variano~ to the Z~n- in'g Ordinance, Article X1, Sec- tion 100-119.2 for permission to construct addition to existing dwelling with an insufficient set- back from existing bulkhead. Location of Property: 3350 West Creek Avenue, Cutchogue, NY; County Tax Map District 1000, Section 110, Block 01, Lot 12. 7:55 p.m. Appeal No.3572- MICHAEL .iAND JOYCF, MA'FrEs. Special Exception td the Zoning Ordinance, Article: II1, Section 100-30-(B)[16] for permission to establish "Bed and Breakfast Use~' "an owner- occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms:'Loca- tion of Property: 50 Lathers .Road, Mattitock, NY; County Tax Map District, 1000, Section 113, Block 03, Lot 7. 8.'00 p.m~ Appeal No. 3565- ]~RANK FIELD REALTY INC. Variance to the Zoning Or- dimmce, Article I!1, section 100-'3 for permission to establish two,family dwelling use o~ a parcel of land containing less thah 160,000 sq. ft. in asea, 270 ft. lot Width, 400 ft. lot depth, and with insufficient ftontyard, sideyard, and rearyard setbacks. Location of Property: 320 Lin- nett Street, Greenport, NY; Map of Greenport Driving Park No. 369, Lots No. 71 and No. 72; County Tax Map District. 1000, Section 48, Block 2, Lot 36.1. 8:05 p.m. Appeal No. 3566-SE. ~ ~ Special Excep- tion to the Zoning Ordinance, Ar~cle HI, Section 100-30 (B)for permissiOn to establish two- family use at premises referred to as 320 Linnett Street, Green- port, NY; Map of Greenport Driving Park No. 369, Lots No. 71 and 72; County T~x Map District, 1000, Section 48, Block 2, LOt 36.1. 8:10 p.m. Appeal No. ~570-SE- PAUL HENRY. Special Exception to the Zoning Ordinance, Article III~ Section 100-30(B)[16] for permission to establish "Bed and B~akfast inlotarea. Location of Proper- Long Island Traveler-Watchman ty: Intersection of Ack. er~y Pond / Lane and North Side of Main .... weeks Road, Southold, NY; County Tax Map District, 1000~ Section 70, Block 7, Lot 1. 8:40 p.m. Appeal No. 3574- ~ Variance to the Zoning Ordinance, Arti- cle IlL Sections 100-30 and 100-32, and Article XI, Section 100-119~2, for permission to construct storage building with an insufficient set-back from bluff along Long Island Sound for storage purposes ac- ff / ~/~ cessory and incidentni to the ex ..................... day of isting dwelling adjacent to these premises. Location of Proper- ties: Lots No. 3 and No. 2, Map of Vista Bluff No. 5060; North Side of Glen Court, Cut- chogue, NY; County Tax Map District, 1000, Section 83, Block 1, Lots 9 and 8. ~ 8:55 Appeal No. 3562- ANA G. STILl. L). Variances: (I) ~dinance, Article II1, Section 100-31, for approval of insufficient lot area, width and depth of three parcels in this pending Minor Subdivision, and (2} to New York Town Law, Sec- tion 280-a for approval of access over private right-of~way exten- ding from the north side of Main Road to the premises in question. Location of Property: At' the north end of private right-of-way (alonglandsof B. Brokaw), North S de of Main Road, Orient, NY; County Tax Map District, 1000, Section 14, Block 2, LOt 26, containing 3.2 acres total. 9:05 p.m. Appeal No. 3519~. ,---STEVEN SANDERS & ANO. Variance to the Zoning Or- dinance, Article III, Section 100-31 for approval of insuffi- cient lot area, width and set- backs in this pending set-off division of land. Location of Property: Private Right-of-Way located offthe north side of Bay View Avenue, Mattituck, NY; County ~ Map District, 10(~0, Section 106, Block 06, Lot 36. The Board of Appeals will hear at said time and place all persons or representatives desir- Dlg! t~.be h~trd-jh e~h of.the::" above hearings. Written com- ments ~may also be submitted prior to the conclusion of the subject hearing. For more infor- mation, please call 765-1809. Dated: November 3, 1986 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD R GOEHRINGER, CHAIRMAN · Linda Kowalski, Board Secretary 1T-I1/13/86(1) ry Public BARBARA FC'P.13 ES y Fuk!k, State of New York Y2xpires ~/~,~,.:~/ 19 Legal Notices NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the follow- ing public hearings will be held by the SOUTHOLD TOWN HOARD OF'APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meet- ing commencing at 7:30 p.m. on THURSDAY. NOVEMBER 20, 1986 and as follows: 7:35 p.m. Appeal No. 3573 - MARGARET AND JOSEPH BEST. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory garage structure in the frontyard area at premises located on the south side ora pri- vate right-of-way extending off the east side of Camp Mineola Road, Mattituck, NY; County Tax Map Parcel No. 1000-123- 06-17. 7:40 p.m. Appeal No. 3571 - MARGARET AND JOSEPH BEST. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to con- struct addition at the southerly side of existing dwelling with in- sufficient setback from the bulk- head along tidal water area and insufficient setback from the rear property line at premises lo- coted on the south side of a pti- vote right-of-way extending off the east side of Camp Mineola Road, Mattituck, NY; County Tax Map Pai~c~P No. 1000-120~ 06-17. 7:45 p.m. Appeal No. 3568 - MATIOS AND ALENI 'ANAKIS. Special Excep- tion to the Zoning Ordinance, to establish one accessory apart- ment in the existing d;velling structure in accordance with the requirements of Article 111, Sec tion 100-30lB) subsect0m 1151 Location of Property: 203(/Bois- seau Avenue. Southold, NY; County Tax Map District 1000, Section 55, Block 6, Lot 40. 7:50 p.m. Appeal No. 3569 - BOATMEN'S HARBOR MA- RINA. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to con- struct addition to existing dwell- lng with an insufficient setback from existing bulkhead. Loca- tion of Property: 3350 West Creek Avenue, Cutchogue, NY; County Tax Map District 1000, Section 110, Block 01, Lot 12. 7:55 p.m. Appeal No. 3572 - MICHAEL AND JOYCE MATTES. Special Exception to the Zoning Ordinance, Article IIL Section 100-30-(Btll6l for permission to establish "Bed and Breakfast Use," "an owner-ocuc- pied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms." Location 6f Property: 50 Lutbers Road, Mattituck. NY; County Tax Map District 1000, Section 113, Block 03, Lot 7. 8:00 p.m, Appeal No. 3565 - FRANK FIELD REALTY INC. Variance to the Zoning Or- d nance Article III, Section 100- 31', for permis~ibn t5'~e~[hbl sh two-family dwelling use on a parcel of land containing less than 160,000 s, ' ~n area, 270 ft. lot width, rt. lot depth, and with insull,clent £rontyard, sideyard, and rearyard setbacks. Location el' Property: 320 Lin- nett Street, Greenpert, NY; Map of Greenport Driving Park #369, Lots #7l and #72; County Tax Map District 1000, Section 48, Block 2, Lot 36.1. 8:05 p.m. Appeal No. 3566-SE FRANK FIELD REALTY INC. Special Exception to the Zoning Ordinance, Article III, Section 100-30(B) for permission to establish two-family use at premises referred to as 320 Lin- nett Street, Greeniport, NY; Map of Greenport Driving Park #369, Lots #71 and #72; County Tax Map District 1000, Section 48. Block 2, Lot 36.1. 8:10 p.m. Appeal No. 3570-SE - PAUL HENRY. Special Ex- cept on to the Zoning Ordinance, Article III, Section 100-301Bt1161 for permission to establish "Bed and Breakfast Use," "an owner- occupied building, other than a hotel, where lodging and break- fast is provided for not more than six casual, transient room- ers, and renting of not more than three rooms." Location of Prop- arty: 236 168555 C.R. 48~ North Road, at intersection with McCann Lane, Greenport, NY; County Tax Map District 1000, Section 033, Block 05, Lot 13.1. 8:15 p.m. Appeal No. 3576 - BARBARA D. SCHRIEVER. Application to withdraw Vari- ance conditionally approved under Appeal No. 3393 on Sep- 'tember 26, 1985,' and to reinstate in lhll the 1969 Vari- ance conditionally approved under Appeal No. lg60. permit- ting the use of a 5,600 sq. ft. existing building Ibr storage and repair of contractor's machinery and equipment. Location of Property: West Side of Tabor [load, Orient, NY; County Tax Map District 1000, Sedion 18, B]ock 05, Lot 12. "B-Light" B~i- ness Zoning District, 8:20 p.m. Appeal No. 3552-- JOHN SENKO. Reconve~e hearing concerning Variance fl~r shopping center use in this B-1 General Business Zoning Dis- trict containing 30,084 sq. lt. in lot area. Location of Property: Intersection of Ackerly Pond Lane and North Side of Main Road, Seuthold; County Tax Map District 1000, Section 70, Block 7, Lot 1. 8:40 p.m. Appeal No. 3574 ~ DR. JOHN LORETO. Vari- ance to the Zoning Ordinance, Article III, Sections 100-30 and 100-32, and Article XI, Section 100-119.2, for permission rtl con- struct storag~ building with an insufficient setback from bluff along Long Island Sound for storage purposes accessory and incidental to the existing dwell- ing adjacent to these premises. Location of Properties: lx~ts #3 and #2, Map of Vista Bluff #5060; North Side of Glen Court, Cutchogue, NY; County '~proval o1' insufficient lot area, width and depth of three parcels in this pending Minor Subdivi- sion, and (2) to New York Town Law, Section 280-a fi)r aoproval of access over private right-of- way extending t~om the north s de of Main Road to th{ prom- Property: At the north end oF lands of B. Brokawh Nnrth Side County Tax Map District 1000, Section 14, Block 2, Lot 26, con- raining 3.2 acres total. 519 9:05 p.m. Appeal No. 3, - ~ STEVEN SANDERS & ANO. Variance to the Zoning Ordi nance, Article III, Section 100- 31 for approval of insufficient lot area, width and setbacks in this pending set-off division of land. Locatgm of Property: Private Right-of-way located off the north side of Bay View Avenue, Mattituck, NY; County Tax Map District 1000, Section 106, Block 06, Lot 36. The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above hearings. Written com- ments may also be submitted prior to the conclusion of the subject hearing. For more inlbr- marion, please call 765-1809. Dated: November 3, 1986. BY ORDER OF THE SOUTHOLD TOWN STATE OF NEW YORK ) ! SS: COUNTY OF SUFFOLK ) caro£ 5garkar-a of Groonport, in said County, being duly sworn, says that he/she ia Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk end State of Naw York, end that the Notice of which the annexed Is a printed copy, has been regularly published in one said Newspaper once each week for ].-~ weeks successive[y, commencing or~t~e day of 19 Principa!Clerk Tax Map District 1000, Section ,,m., aB~?~AoRrD,.~O~HAnPiPIqEp. AEI~R /ANA G. ST1LLO. ' ' * ': I Board~cremry dayof .~ ~ t ~ ' ~ D tv the ~ninKO[d~a~% ~[~ ]. ~ }~}~ ........ f / ~ M~y K D[GNAN ( ~i[l~ 'ill ~Cti0n i60L~l, for ap-/ . ~// ~ [ ]~ ~. &~ 5~i~qY ;~UBLIC~ State 0f New ~0rk Southold Town Board of Appeals APPEALS EOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI 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 Southold 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 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, 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 SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at.a Regular Meeting commencing at 7:30 p,m. on THURSDAY, NOVEMBER 20, 1986 and as follows: 7:35 p.m. Appeal No. 3573 - MARGARET AND JOSEPH BEST. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory garage structure in the frontyard area at premises located on the south side of a private right-of-way extending off the east side of Camp Mineola Road, Mattituck, NY; County Tax Map Parcel No. 1000-123-06-17. 7:40 p.m. Appeal No. 3571 - MARGARET AND JOSEPH BEST. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition at the southerly side of existing dwelling with insufficient setback from the bulkhead along tidal water area and insufficient setback from the rear property line at premises located on the south side of a private right-of-way extending off the east side of Camp Mineola Road, Mattituck, NY; County Tax Map Parcel No. 1000-123-06-17. 7:45 p.m. Appeal No, 3568 ~ STAMATIOS AND ALENI RAPANAKIS. Special Exception to the Zoning Ordinance, to establish one accessory apartment in the existin9 dwelling structure in accordance wi%h the requirements of Article III, Section lO0-30(B) subsection [15]. Location of Property: 2030 Boisseau Avenue, Southold, NY; County Tax Map District 1000, Section 55, Block 6, Lot 40. 7:50 p.m. Appeal No. 3569 - BOATMEN'S HARBOR MARINA. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition to existing dwelling with an insufficient setback from existing bulkhead. Location of Property: 3350 West Creek Map District 1000, Section 7:55 p.m. Appeal Exception to the Zoning (B)[16] for permission Avenue, Cutchogue, NY; County Tax llO, Block O1, Lot 12. No. 3572 - MICHAEL AND JOYCE MATTES. Special Ordinance, Article III, Section lO0-30- to establish "Bed and Breakfast Use," "an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms. Location of Property: 50 Luthers Road, Mattituck, NY; County Tax Map District 1000, Section 113, Block 03, Lot 7. 8:00 p.m. Appeal No. 3565 - FRANK FIELD REALTY INC. Variance to the Zoning Ordinance, Article III, Section 100-3 0 N Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting November 20, 1986 for permission to establish two-family dwelling use on a parcel of land containing less than 160,000 sq. ft~ in area, 270 ft. lot width, 400 ft. lot depth, and with insufficient frontyard, sideyard, and rearyard setbacks. Location of Property: 320 Linnett Street, Greenport, NY; Map of Greenport Driving Park #369, Lots #71 and #72; County Tax Map District lO00, Section 48, Block 2, Lot 36,1. 8:05 p.m.. Appeal No. 3566-SE. FRANK FIELD REALTY INC. Special Exception to the Zoning Ordinance, Article III, Section lO0-30(B) for permission to establish two-family use at premises referred to as 320 Linnett Street, Greenport~ NY; Map of Greenport Driving Park #369, Lots #71 and #72; County Tax Map District 1000, Section 48, Block 2, Lot 36.1. 8:10 p.m. Appeal No. 3570-SE - PAUL HENRY. Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)~6] for permission to establish "Bed and Breakfast Use," "an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than six casual, transient roomers, and renting of not more than three rooms. Location of Property: 50 Luthers Road, Mattituck, NY; County Tax Map District 1000, Section 113, Block 03, Lot 7. 8:15 p.m. Appeal No. 3576 - BARBARA D. SCHRIEVER. Application to withdraw ~ariance conditionally approved under Appeal No~ 3393 on September 26, 1985, and to reinstate in full the 1969 Variance conditionally approved under Appeal No. 1260, permitting the use of a 5,600 sq. ft. existing building for storage and repair of contractor's machinery and equipment. Location of Property: West Side of Tabor Road, Orient, NY; County Tax Map District 1000, Section 18, Block 05, Lot 12. "B-light" Business Zoning District. 8:20 p.m. Appeal No. 3552 JOHN SENKO. concerning Variance for shopping center use in Business Zoning District containing 30,084 sq. Location of Property: Intersection of Ackerly Reconvene hearing this B-1 General ft. in lot area. Pond Lane and North Side of Main Road, Southold; County Tax Map District 1000, Section 70, Block 7, Lot 1. 8:40 p.m. Appeal No. 3574 DR. JOHN LORETO. Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-32, and Article XI, Section 100-119.2, for permission to construct Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting November 20, 1986 storage building with an insufficient setback from bluff along Long Island Sound for storage purposes accessory and incidental to the existing dwelling adjacent to these premises. Location of Properties: Lots #3 and #2, Map of Vista Bluff #5060; North Side of Glen Court, Cutchogue, NY; County Tax Map District 1000, Section 83, Block l, Lots 9 and 8. 8:55 p.m. Appeal No. 3562 ANA G. STILLO. Variances: (1) to the~Zoning Ordinance, Article I~I, Section 100-31, for approval of insufficient lot area, width and depth-of three parcels in this pending Minor Subdivision, and (2) to New York Town Law, Section 280-a for approval of access over private~ right-of-way extending from the north side of Main Road to the premises in question. Location of Property: At the north end of private right-of-way (a~onglands of B. Brokaw), North Side of Main Road, Orient, NY; County Tax Map District 1000, Section 14, Block 2, Lot 26, containing 3.2 acres total. 9:05 p.m. Appeal No. 3519 STEVEN SANDERS & ANO. Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient lot area, width and setbacks in this pending set-off division of land. Location of Property: Private Right-of-way located off the north side of Bay View Avenue, Mattituck, NY; County Tax Map District 1000, Section 106, Block 06, Lot 36. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hearings. Written comments may also be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: November 3, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary ATTENTION NEWSPAPERS: Please publish THURSDAY, NOVEMBER 13, 1986 and forward 13 Affidavits of publication on or before Novembe~ 17, to: Board of Appeals, Main Road, Southold, NY 11971. Page 4 - Notice of Hearings (Notification Southold Town Board of Appeals Regular Meeting November 20, 1986 List) Copies to the following 11/6/86: Mr. and Mrs. Joseph Best, Camp Mineola Road, Box 609, Mattituck, NY 11952 Mr. and Mrs. Stamatio Rapanakis, North Bayview Road, Southold, NY 11971 Mr. Dennis Ketcham, Manager, Boatmen's Harbor Marina, 3350 West Creek Ave., Cutchogue, NY 11935 Mr. and Mrs. Michael Mattes, 50 Luthers Road, Mattituck, NY 11952 (P.O. Box 831) Frank A. Field Realty, Inc., Box 631, Greenport, NY 11944 Mr. and Mrs. Paul Henry, 236 North Road, Box S, GrJenport, NY 11944 Charles R. Cuddy, Esq., Attorney for Mrs. B.D. Schriever Esseks, Hefter, Cuddy & Angel, Box 279, Riverhead, NY 11901 Stephen R. Angel, Esq., Attorney for Mr. J. Senko Esseks, Hefter, Cuddy & Angel, Box 279, Riverhead, NY 11901 Dr. and Mrs. John Loreto, Box 41, Cutchogue, NY 11935 Rudolph H. Bruer, Esq., Attn: Mrs. P.C. Moore'S'Attorney for A. Stillo Main Road, Southold, NY 11971 Rudolph H. Bruer, Esq., Attn: Mrs. P.C. Moore, Attorney for Sanders and Schwartz, Main Road, Southold, NY 11971. Town Clerk Bulletin Board Z.B.A. Office Bulletin Board Building Department Z.B.A. Individual Files Z.B.A. Board Members Personal DeliVery - Suffolk Times and L.I. Traveler-Watchman JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 25, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York ! 1971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3562 application of Aha G. Stillo submitted by Rudolph H. Bruer for a variance. Also included are accompanying papers as outlined on the letter of transmit!al dated September 24, 1986, from Rudolph Bruer. Judith T. Terry Southold Town Clerk September 24, 1986 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Variance application for Ana G. Stillo Premises: Orient, New York Dear Sirs: For your consideration, we enclose herewith the following: 1. Notice of Disapproval from the Building Inspector 2. Variance application in triplicate 3. Notice to Adjoining Property Owner, with affidavit of mailing 4. Short Environmental Assessment form 5. "Wetland Letter", with 4/24/86 DEC letter of non-jurisdiction attached. 6. Copy of Planning Board resolution made 2/10/86. 7. Four (4) copies of survey showing building envelopes, access and set-backs. 8. Our check in payment of your filing fee, payable to the Town of Southold, in the sum of $75.00. 9. Copy of our 5/27/86 letter and enclosures to the Suffolk County Dept. of Health Services. We were advised by that agency that our application is complete except for a SEQRA determination letter from the Town (see Notice of Incomplete Application), and no Article 6 approval will issue until same is received. 1O. Short EAF for use under SEQRA. It is our understanding that your board will declare lead agency and make the necessary referrals. If we have been misinformed in this regard, please advise immediately. Once a SEQRA determination has been made, please schedule a public hearing of this matter as soon as your calendar will permit. /~e 1/~, ~dolph ~. Bruer ~HB/df Encs. cc: Mr. and Mrs. Frank Stillo RECEI '7O SEP ~ [ lg~ TOWN OF $OUTHOLD, NEW YORK ~nwn C~,~,p~I~dFROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. C1 · ~/~ ,~ DATE . ,~../...m?..~...8..6. ............ 1, (We) ..At~A..G......S.T.I.i',.~) ................................. of ...~No~..~..?4,o.nbe-be.l.~.e..R.~a& ...................... Nome of Appellant :~treet and Number ................ SU~[~,rn. .............................................................. N...¥ ................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR ~~ant Land) DATED ..3/25/.8~5 .................................... WHEREBY THE BUILDING INSPECTOR DENIED TO .. Au d~ lph...~{ .,...B.r..u e.r. ........................................ Name of Applicant for permit of .... ( ~o.#.)...~ ain.. Road.,... Sou ~,ho~Ld.,...N...g ....................................................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) VACA C.O. 1. LOCATION OF THE PROPERTY ..N../..s..~.M...a..i.~n..~..R..d..:.!..N...Y..~.R...t..:..~.2..5.~)..~..~."..A...".~T..R.'e...s.;../...A.~..r..i..: ....... Street Use District on Zoning Map ................................................................................ Current Owner AAIA G. STILLO Mop No. Lot No, 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the A~ticle Section, Sub- section and Porogroph of the Zoning Ordinance by number, Do not quote the Ordi.nance.) Article III, Section 100-31 & Article I, Section 106-20 3. TYPE OF APPEAL Appeal is made herewith for ( X ) A VARIANCE to the Zoning Ordinance or Zoning Map (X) 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 ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL X) A Variance to Section 280A Subsection 3 X) A Variance to the Zoning Ordinance ~s requested forthe reasonthat Appellant seeks permission to create three (3) an area less than required by present zoning. building lots, each with Form zBt (Continue on other side) REASON FOP, APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becaUse Appellant would be unable to divide this 3.2 acre parcel to create three (3) building lots. 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 This property, which is restricted under the current two-acre zoning, lies just west of two (2) existing, approved "one-acre" subdivisions. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The character of the district is formed in part by the aforementioned one-acre subdivisions, and as the spirit of the ordinance is to govern continuity within a district, this variance would not be in difference with that intent. STATE OF NEW YORK COUNTY OF SUFFOLK ) ss ) WARY OIANA FOSTER I~OTARY PUBLIC, stere of New YoII~ No 52.4655242, Suffolk County ~..~ Commis$ioo Expires March 30, 19 ~/ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : ANA G. STILLO to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. ThaJ,4rls-t~tention of the undersigned to petition the Board of Appeals of the Town of Southold [circle to request a ~.~lk'eX:~XOi~i0C) (~11~1~];lt~1~ (~9~1{~) choice] 2. Thattheproperty whichisthesubjectofthePetitionislocatedadiacenttoyourpropertyandisdes- cribedasfollows:N/$ Main Road (N.Y.S. St. ~25), Orient, N.Y. Suffolk Co. Tax Lot 026. 3. That the property which is the subiect of such Petition is located in the following zoning district: .A._Re~ident ia!,/Agr lc, ] ~,,ral 4. ThatbysuchPetition, theundersignedwillrequestthefollowingrelief: permission to create (Let ~1 - 1.0 acrer T.o~ ~2 - 1.0 acre and Lot #3 - 1.2 acres) $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article III Section. 100-31 Article I, Section 106-20 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) 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 ris;ht tO appear and be heard at such hearing. Dated :___ Sept.. 24, 19~o~ ~ ~ ~TT/.r.n Petitioner ,by: R.H. Bruer, attorney Post Office Address r~ ~,, '- 1,'- ~ 1 C] 1,1 V NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. George Malis 174 Onderdonk Avenue Manhasset, N.Y. 11034 BLBD Enterprises c/o William H. Price, Jr., Esq. 828 Front Street Greenport, N.Y. 11944 ~0-14 41st Street ~toria, N.Y. 11103 STATE OF NEW YORK ) COUNT,Y OF SUFFOLK ) SS.: F~ry Diana Foster , residing at (No#) McCann Lane, Greenport, N.Y. 11944 , being duly sworn, deposes and says that on the 24th day of Septe-~ber ,19 86._~.__, 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 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 Southold, New York ; that said Notices were mailed to each of said persons by (certified) (x~) mail. Sworn to before me this 24th day of~ September ,19 86 N~ry Public ]HSTRUCT ]O,'IS: ~ order to answer the questions in this short EAF it iS' assum'.td that the preparer ¥1i]l use. currently ova'liable in[ormation concerning the project end the likely impacts of the action. It is not expected that additional studies, research or other investigations ¥;ill be undertaken. (b) If any question has been ons',~ered Yes the project may be significant and o completed Envlronm~-ntol Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is mol signif'icant. "· {d) Environmental Assessment 'l. Will project result in a large physical change to the project site 6r physically alter more than 10 acres of-land? 'Yes X No · 2. Y/ill there be a major change to any unique or -unusual land form found on the site? ..... Yes. X N; existing body of water? .................. Ye; X No 4. ¥/ill project have a potentially large im , on groundwater quality? ................. Yes, X' No " .5. I'/ill project sign±ficantly effect droino i ".';' - fie,., on oqjocent sites? .................... ;.. Yes ;'No ~. Will project affect any threatened or " endangered plant or on'_'mal species? ..... Yes~X' No /. 7. Will project result in"o major adverseeft%ii ' '. / on air quality? .................. - .......... ' Yes X No / O. Will project have a major effect on visu~ ' ~ character of the coaauniiy or scenic views or vistas known to:be iaportoni ia the community? 'Yes X'No ~. /'/ii1 projac~ adversely iapoct any site or .. structure of historic, prehistoric or paleontological imporlonce or any site designated os o critico! cnvironmeatol area 10. I'/ill project have o major effect on existihg or future recreational opportunities? ......... Yes X No 11. Will project result in .~ajor iraffic problems o~ cause a major cf feel to ex.isting transportation ~ystems2 ....................... Yes X No 12. Will project .regularly cause odozs, noi~e,' glare, vibrotlon~ or electrical disturbance as o result of the project's ? ' Y N opcroAion ......... ' .......... ~ ................... es X o - ' ;pro ec lave an)' impact on pu c ea or.safety? .................................... Yes X No . %'/i1~ o 'eat o~fect iht existing commun . '. dircc~ly causing o 9roYrth in permanent ' population of more than 5 percept over a one year period or hove o major negative effect '-' on the character of the community or ',.' neighborhood? ................................. Yes X No i5. Is there public controversy concerning the ~rolect? ~es X No PREPAr!ER'S SICHATU'RE · PROJECT LO. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION · o~ws~oN oF RECU~TORY ^FF^mS State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I Project Information (To be completed by ^pplicant or Project sponsor) 1. ^pplicanUsponsor 2. Project Name Subdivision for Aha G. Stillo 3. Project location: Municipality Orient~ Town of Southold County Suffolk 4, I$ proposed action: [] New [] Expansion [] Modification/alteration S, Describe project briefly: Subdivide a 3.2 acre parcel into three (3) one-acre lots See attached map mitiaBv 3 · 2 ac,., Ultimately 3 · 2 ac,e, NUMBER [] Yes [] No If No. describe briefly ?roDosed lots a~e of insuf£ic±ent a~ee unde~ cur:e~t zonal.rig' regn~ations. [] Residential [] Industrial [] Commercial [] Agriculture [] Parkland/open space [] Other _ [~ Yes [] No II yes, list agencv(~} and permiUapproval$ N.Y.S. D~C - P~t ~ S~vi~ ~ of S~ld-P~t ~ ~vide S~folk ~. H~ Dept. - P~t ~ S~vide & v~i~e for ~ffici~t ~ N.Y.S. D~ - ~tter of Non-j~i~ction I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanUspons~£.~Rtame: · Rudo1Dh H~Bruer, attorney for applinant Date: 6/5/86 If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment ' OVER PART II Environmental Assessment (To be completed by Agency) A. Does action exceed any Type I threshold in 6 NYCRR, Part 617.127 If yes, coordinate the review process and use the FULULONG FORM EAF. 8. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR, Part 617.7t If No. a negative declaration may b~ superceded by another involved action. [] Ye, [] No C, Could action result in ANY adverse effect~ on, to, or arising from the following: (^nswe~ may be handwrltten,'if legible) Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, sorld waste production or disposal, potential for erosion. drainage or flooding problems? Explain briefly: C2. Historic. archeologicaJ, visual or aesthetic or other natural or cultural resources' agricultural dlstricL~' or community or neighborhood character~ Explain briefl', C3. Vegetation or fauna, movemen of sh or w d e spec es significant habitats, or threatened or endangered species? Explaln briefly: C4 ^ community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly. C5. Growth. subsequent development, or related activities Ill, ely to be induced by the proposed action? Explain briefly. C6. Secondary. cumulative, or other effects not identified in C1~67 Explain briefly. C7. ^ change in use of either quantity or type of energy? Explain briefly. PART III Determination of Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (cl duration; (d) irreversibility; (el geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL/LONG FORM E^F and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and on attachments as necessary, the reasons supportng this determination: 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), 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 approve 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. [ ] 1. Waterfront without bulkheading [ ] 2. Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least I00' in length [ ] 3. Not located within 300~ of waterfront or wetlands area [/~] 4. May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental [ ] [ ] [X] 7. area: I] [] [× ] 50~ existing road existing structures bluff area more than 10~ in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' frqm 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. 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 'M.~.-7 YOPd~ STATE DEPA3,T2:~f OF ~VlP. OI~:~"TAL CO~SERVATI0? P, eculatory Affairs Unit DldM. 40~ fi~--P.o~ 219 Stony ~rook, ~ 11794 (516) 751-7900 Greater than 300' from inventoried tidal wetlands. Landward of a substantial man-made structure, · greater than 10O' in length constructed prior to September 20, 197~ /Landward of I0' contour elevation above mean sea level on a gradual, natural slope. __Landward of topographical crest of bluff, cliff or dune in excess of 10' in elevation above mean sea level. Therefore, no permit under Article 25 (Tidal Wetlands of the EnviroNmental Conservation Law) is required at this time since the current proposal ia beyond State mandated Jurisdiction pursuant to this act. '1~,~ever, any additional work or modifications to the project may require a permit. It is your responsibility to notify this office, in ~.~iting, if such additional work or modifications are contemplated. Very truly yours, Alternate Permit Administrator CTIhDDR:co'$ F-~A FROM~ RE~ Bennett Orlowski, Jr., Chairman Sou~hold _"bwn Planning Board John W. Davis Report No. 4t~ Dates November 19, 1984 ACCESS ROAD FOR FRANK STILLO - 5 LOT MINOR SUBDIVISION AT ORIENT - MAP APPROVED BY PLANNING BOAPJ) 11/29/72 ]here is an existing farm road, none of which is stabilized, running the length of the Stillo property in a straight line from Lot No. 5 to the Sound. ]he 30 ft. R.O.W. as shown a.opears to follow the farm road through Lots No. 5,h and 3. ]he R.O.W. after a right and left turn ccntinues to the Sound in a different location. ~he R.O.W. is in open farm land throughout. A test hole by Van T0yl indicates 2 ft. of topsoil. A test hole by m~self in the R.O.W. showed topsoil about 1 ft.~' . ~his report covers the Stillo property only. 1here is an adjacent subdivision under the name of Peter SledJeski showing a 30 ft. R.O.W. between that property and the Main Road. Recommendations for access road in 30 ft. R.O.W. 1. I do not see the necessity of a road between Lots No. 1 snd No. 2. A road length of 140 ft. for the easterly section would provide access to both lots. 2. Road width to be 15 ft. 3. Remove +~psoil for one fodt. 4. Reolace topsoil excavation with a good grade of clean fill to bring the road up to original grade. 5. Place a 6" course of sand and gravel bankrun on the renl~ced m~teri~l. Place a 3" course of 3/4" stone blend on the bank ~ln. JOHN W. DAVIS ELEVATIONI5 ELEVATION WATE E~ MAD. J/.. Sf~%'T, OL,~ OOU?~' D,., ART~,,,r,',T OF HEALTI:I This ia to cc~2;fj th=t t:~e p:opc%d a:r=:Tgements for ¥,'ater supply and in the"'~'~ ~TI4'O~-'~ __ s'ith a tgtal of ~ 10~ were ~,,~.d cn t~:e ~3'.'~ ~=t:. T',~k ap;::.,:l s;~ll be valid only in t~e n,.,~..~ of tiffs da;e. .... ~Y give~ for f;I; ~ of the map cn '.','hlch this Scflc',k County Sani[ary Code· ¢ Director, ~;'[s/:= oi ::vlro~nbl Health MAR ]_ ]986 To: Bennett Orlowski, Jr., Chairman Report No. 493 Southold Town Planning Board From: John W. Davis Date: March {9, ~986 Re: Access road through a 3 lot minor subdivision formerly owned by P. Sledjeski and connected to a 5 lot minor subdivision formerly owned by F. Stillo. Comments: Note No. 2 on the Sledjeski property as follows: (All storm water falling on or flowing across the tract shall be contained within the tract by suitable drainage structures. Ground elevations shown on the east and west property lines of the Stillo property indicate that runoff is from north to south. Also, ground elevations on the east and west property lines and the 30 ft. R.O.W. on the Sledjeski property show runoff to the south. Topsoil depths in the 30 ft. R.O.W. (Sledjeski) is I ft.+. Recommendations - Sledjeski access: 1. Road width 15 ft. 2. Remove topsoil for ]2". 3. Replace topsoil excavation with 6" of a good grade of clean fill. 4. Place a compacted 6" course of sand and gravel bankrun (gravel content to be 20%) on the reploced material to equal the original surface. 5. Place a crowned compacted 3" surface course of 3/4" stone blend on the bankrun. 6. Install 8'-0" diam. x 8'-0" storm water leaching pools with 6" concrete slab and cast iron frame and grate right and left at R.O.W. intersection with the State Hwy. Locate leaching pools 20 ft. back from the property line. If ground water will not permit use of two leaching rings (8 ft.), use one ring only. A road profile is to be submitted for both subdivisions. Also, a new roadway meeting a New York State highway requires a permit. The subdivision owner or owners should contact the state as to the requirements in this matter. The Planning Board is to be notified when any work is to be started on this project. John W. Davis I 1 O.~IE~T, /'4.