The URL can be used to link to this page

Home My WebLink About3685 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD ' STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 May 18, 1989 Rudolph H. Bruer, Esq. Edson & Bruer Main Road Southold, NY 11971 Re: Appl. No. 3685 - Lester and Hope Albertson (Variance) Dear Rudy: In updating pending applications in our office, we find that the above variance application is now obsolete based upon the changes of the zoning regulations under Local Law #1-1989 (Master Plan Amendments) by the Town Board on January 10, 1989. The premises is now designated as a "Hamlet Business (HB)" Zone District. This variance application will be deadfiled at this time; however, if you find it necessary to reactivate the same at any time in the future, please do so by requesting the same in writing and the reasons therefor. lk CO: Yours very truly, /~ .' ~GERARD p. ~~ Southold Town Planning Board Southold Town Building Department -80 R-SO R-80 / A-C SOUTHOLD R 40 T~i) Stay Southold. N.Y. 11971 (516) 765-1938 October 15, 1987 Mr. Rudy Bruer, Esq. Edson and Bruer Main Road Southold, NY 11971 Re: Lester and Hope Albertson SCTM# 1000-63-3-10 Dear Mr. Bruer: The above application has been reviewed by the Planning Board. The Board requests that a copy of the deed or right-of- way agreement be submitted for access from BOisseau Avenue. This right-of-way is to be a minimum width of 50' for its entire length. It is also noted that the surveys were not signed by the surveyor, therefore, when the surveys have been amended, as per the above, would you please have them signed and forward six to our office so that the Planning Board may continue with its review. Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Zoning Board of Appeals ,~hold Town BoaOof Appeals -48- Novembt 18, 1987 Special Meeting Appeal No. 3445 JULIUS ZEBROSKI. Variance for approval of insuff~ien~ area ano width of two pro- posed lots. E/s Waterview Drive and N/s Bayview Road, Southold. (**Await Art. VI action and copy of C.O.) Paul Caminiti, Esq. Appeal No. 3449 - FRANK AND ETNEL BEGORA. Variances for insufficient area, width and depth in this pending division (three parcels). N/s Main Road, East Marion. (Await P.B. application/referral comments after sub- mission of corrected maps (for three rather than twoi await C.O. of record, if any.) Paul Caminiti, Esq. Appeal No. 3403 ANNA LORIA. Variances for approval of two parcels having insufficient area, width and depth in this pending division of land. W/s First Street and N/s King Street, New Suffolk. (Await Co. Health Art. VI action after application.) Appeal No. 3426 - GERALD DOROSKI. Variance for approval of access (280-a). N/s C.R. 48, Peconic. (Await additional information to clarify ROW and P.B. input on pending division abutting premises to the east.) Appeal No. 3411 ANDREI~ FO~IRKOLB. Variance to restore existing building for habitable use (additional dwelling unit). S/s Lipco Road, Mattituck. (Await scaled floor plans and C.O.) Helen Rosenblum, Esq. Appl. No. 3607 - JAMES P. O'NEILL AND PETER J. McSHERRY. Area, width, dept~-vaciances. Wiggins & 8th Streets, Greenport. [Await Co. Health action and copy of Pre-C.O.]. Appl. No. 3685 LESTER & HOPE A~BERTSO~. Await Plannine B~oard ino~t and C~un~y Health Ar~. vi action be~"ore publication. 36125 Main Road, Southold. Area & Width variances. B-1 Zone District. Southold, N.Y. 11971 (516) 765-1938 October 15, 1987 Mr. Rudy Bruer, Esq. Edson and Bruer Main Road Southold, NY 11971 Re: Lester and Hope Albertson SCTM# 1000-63-3-10 Dear Mr. Bruer: The above application has been reviewed by the Planning Board. The Board requests that a copy of the deed or right-of- way agreement be submitted for access from BOisseau Avenue. This right-of-way is to be a minimum width of 50' for its entire length. It is also noted that the surveys were not signed by the surveyor, therefore, when the surveys have been amended, as per the above, would you please have them signed and forward six to our office so that the Planning Board may continue with its review. Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD-TOWN PLANNING BOARD cc: Zoning Board of Appeals~ Southold Town Board of Appeals MAIN ROAD -. BTATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Novemb. er 16, 1987 Rudolph H. Bruer, Esq. Edson and Bruer Main Road Southold, NY 11971 Re: Appl. No. 3685 - Lester and Hope Albertson (Variances) Dear Rudy: This letter will acknowledge receipt of your recent application before the Board of Appeals. The Board members will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling your application for a public ' ~' It is requested in the the IX] Planning Board [X] concerning their jurisdiction they may submit their written other input as early as possible. your application will be scheduled hearing date. hearing. interim that you proceed with County Health for Art. VI action in this matter in order that comments, formal action, or Upon receipt of their input, for the earliest available If the above document(s) are submitted within 20 days, it is expected that a public hearing would be held about the early part of January. A copy of the notice of hear- ings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation. Please feel free to call at any time if you have questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski cc: Planning Board JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 23, 1987 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 1 !97t TELEPHONE (516) 765-1801 TO: FROM: Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3685 , application of Lester & Hope Albertson for a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Southold Town Clerk September 24, 1987 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Set-Off for Lester & Hope Albertson Southold, N.Y. SCTM9 1000-063-3-10 Dear Sirs: On behalf of our clients, Lester Albertson and Hope Albertson, his wife, we submit herewith for your consideration an application for the division of their Southold, N.Y. property. We respectfully request that the Board consider this a set-off. Enclosed please find the following: 1. Application for Approval of Plat in duplicate 2. Twelve (12) copies of the subdivision survey map. 3. Form letter re drainage, etc. 4. Part I of Short Environmental Assessment Form 5. List of adjoining property owners 6. Completed application questionnaire 6. Our check, in the sum of $250.00, in payment of your application fee. Be advised that, to applicants' knowledge, there are no existing restrictions of record which apply to the subject property. We await the Board's comments or recommendations. Sincerely, Rudolph H. Bruer RHB/df Encs. cc: Mr. Robert T. Albertson Southold Town zoning Board of Appeals TOWN OF $OUTHOLD, NEW YORK j~ra~tl~EAJ~OM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. D,,','E ............ 1, eWe) .T...~...q.:Z.'~..&....~..O.~.~.....~..~ .................... of (No#) Main Road Name of Appellant Street and Number Sou,'told .... .N..:~:. ................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of (No#) NaJ_n ?.oad, Sough. old, N~ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (X) pE~VlIT TO ~3BDMDE 1. LOCATION OF THE PROPERTY Main Road B-1 Street Use District on Zoning Map $C']~# 1000-063-3-10 ................................................................................. Current 0~nerLester & Hope AZbez+_son Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (× } A VARIANCE to the Zoning Ordinance or Zoning Map (×) 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) (l~s not)?~een made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... (x) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Appellant desires to set-off a 39,326 sq. ft. lot frc~ this 85,451 sq. ft. parcel (Continue on other side) REASON FOR APPEAL Continued ~! ,~' ~',' ,' ~' ,?" - 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or s- sary HARDSHIP because Appellant would be unable to set-off the proposed lot, which contains more than sufficient lot area. 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 Although this property has sufficient acreage for the proposed division in a B-1 Zone, its physical characteristics prevent compliance with lot width requirements. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The lot proposed to be created would be substantially larger than the majority of the lots within this zoning district. STATE OF NEW YORK ) ) ss COUNTY OF SUF'~DT~ ) Sworn to this ' ~::~//-'~ day of ............... ~.....~....~...../~...~.. 1987 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of LESTER & HOPE ALBERTSON ~0 the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That_i/tit i~ rTr~ intention of the undersigned to petition the Board of Appeals of the Town of Southold torequest al~arianc~,{ (Special Exception) (Special Permit) (Other) [circle cho±ce] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 56125 ~ain Road, $outhold, New York Suffolk County Tax Map desiqnation: 1000-063-3-10 3. That the property which is the subject of such Petition is located in the following zoning district: 4. ThatbysuchPetition, theundersigned wiUrequestthefollowingrelief:permission to set-off a 39,326 sq. ft. lot from this 85,451 sq. ft. parcel with insufficient lot width. S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article III Section l~-3l & Article I~ Sec. 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 Watehman, newspapet~ published in the Town of Southold and designated for the publication of such n0ti~,e~; that you Or yot~r representative have the right to appear and be heard at such hearing. Dated: ~/~- c~.~ -- ~ Ru~olp~T Hi Bruer~ atty. for Petitioners Pet|tiener P~tOfficeAddress Main Road, P.O. Box 1466 Southold, N.Y. 11971 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Edmund Pressler & wf. Grove Drive Southold, N.Y. 11971 Charles W. Witzke 56215 Main Road Southold, N.Y. 11971 MTA LIRR 1700 Broadway New York, New York 10019 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Mary r)~an~ Fnst~r , residing at (No#) McCann Lane~ Greenport. IN, Y, , being duly sworn, deposes a~id.~ays that on the ~ay of ~ ~_~ ,19 8 7 , deponen~ mailed a true copy of the Notice set forth on the re- ve~ side hereof, directed to each of the above-named persons at the addres~s set op~ite thor r~pective name; that the addresses set opposite the names of said persons are the addres~s of said persons as shown on the current ~s~sment roll of the Town of Southold; tha~ said Notic~ were mailed at the United States Post ficeat Southold ~ N.Y. (certified) (~ mail. Sworn to before me this day o~. ~-.?~, 1.97 87 ; that said Notices were mailed to each of said persons by iana Foster FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .,~~~...~ :~,..m. ~.~ ............ TAKE NOTICE that your application dated . .~...-~t.~. .,~-'~...~...o~ ....... 19 '~..'J PLEASE for permit to CCh;tract ........................................... at Location of Property H~'o~/.~o~..'~..'~ ~.'...~ .... .~~& .................... Street Hamlet County Tax Map No. 1000 Section ... ~)~ ~ ..... Block .... ~) .~ ...... Lot .~.o..J. 0 ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds. (~x.a.~.~.. ~... ,~-~,e~ } .O.~ '..,lt. {> ~:~~..~. ~~..~..~..~ %..~ .o~. ,.~...~.. · .,,~..,,.~..w..~ .-,:.. ~4... '. ~,.. ~...~..x,,...~..,4~....~...~..,~...~.~..~ ............. : ........... .............. . Building Inspector RV 1/80 PART I PROJECT I,D, NUMBER NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION Of REGULATORY AFFAIRS State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ProJect Information (To be completed by Applicant or Project sponsor) 1. Applican~Jsponsor Lester & Hope Albertson 3. ProiectIocation: Main Road, Southold Mu,icipanty Town of Southold 2. ProiectName Set-off for Lest~r & Hope Alberts~n Count, Suffolk 4 Is proposed action: [] New [] Expansion [] Modification/alteration 5. Describe project briefly: Set-off of 39,326 sq. ft. lot from this 85,451 sq. ft. parcel' Precise location (road intersections, prominent landmarks, etc. or provide map} N/s Main Road (NYS Rt.#25), 425.14 feet easterly of Southold, N.Y. Boisseau Avenue, 7. Amount of land affected: Initially I * 962 acres Ultimately i. 962 acres a Will proposed action comply with existin8 zoning or other existing land use restrictionsf [] Yes [] No If No, describe briefly Proposed lot is of insufficient width under existing zoning. 9. What is present land use in vicinity of project~ [] Residential [] Industrial ~] Commercial [] Agriculture [] Parkland/open space [] Other Describe: - · 10 Does action involve ape m Uapproval, or funding, now or ultimately, from any other governmental agency (Federal, state or IocalJl [] Yes [] No If yes, list agency(s} and permit,/approva[s Suffolk Co. Dept. of Health - Approval under Article 6 Southold Town Planning Board - Subdivision approval I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO TN[ BEST OF MY KNOWLEDCE Applicant/sponsor name Rudolph H. Bruer, Atty. for Applicant Date: 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 ^gency) Does actio~ exceed any Type I threshold in 6 NYCRR, P~.rt 617.12! If ye~. coordinate the review process and use the FULL/LONG FORM £AF. [] Y,, [] ,o . Will action receive cooedlna~ed review es i~ovlded for Unlisted Actidets in $ NYCRR, part 617.7t' If No. · negative declaration may be superceded by ·noth Involved action, C. Could action result in ANY adverse effects on, to. or ·ttslng from the followid~; (Answers may be handwritten, if legible) CI. Existing nit quality, suH·ce o~ ~lrouedwa~er quality or quantity, noise levels, existing traffic patterns, solid waste production ot disposal, potential for erosic~ drainage or flooding ptoblems~ Explain briefly: C2. Historic, ·rcheoloaicaL visual or aesthetic, or other natural ot cultural resources; ·gricultuc·l districts; or community or neighborhood character? Explain bric Vegetation or fauna, movement of fish or wildlife species, significant habitats, or threatened or endangered species~ Explain briefly: C4. A community's existing plans or goaJs 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 likely to he induced by the proposed action? Explain briefly. C6. Secondary. cumulative, or other effects not identified in C1-C67 Explain briefly. oo o C7. A change in use of either quantity or type of energy? Explain briefly. I~ART III Determination of Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, iar&e, important or otherwis, significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring (c} duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supportin~ materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identifiec 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 EAF 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: TO.B CO,P . T D A,, ',OU, To Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any luestions below, please be sure to depict these areas on your survey or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours seaward of area under construction? Yes any areas which contain wetland grasses~ is a list of the wetland grasses defined by , Ch. 97 for your reference.) ~ Yes N existing structures at or below ground level,~~ such as patios, foundations, etc? 2. Are there (Attached Town Code 3. Are there 4. Are there any existing or proposed fences, concrete barriers, decks, etc? B. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. 6. If project is proposed for princqpal building or structure, is total height at more than 35 feet above average ground~l? State total: ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under 7our ownership, if any)? State Permit ~ and Nature: Yes~ No Yes~'No Yes ~) ll. 12~ 9. Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board ,,_~-'~ ~~. Town Board Town TrDstees County Health Department ~y_~ Village of Gree.nport , i N.Y.S.D.E.C. Other 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of'sale,(from contract). Is new construction proposed in the area of contours at 5 feet or less as exists? If new construction is proposed in an area within..~ 75 feet of wetland grasses, or land area at a~ eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an ~nspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? 13, Please list present us? or operations conducted upon the subject property at ~lS time and proposed ,/~/,/~ ...... / I cert}f~ th.~.-~bove statements are true and are being submitted reli~h~m.--~by~_~t~h~9~rd~of Appealj_s_j.n considering my.application. Signature/ (Property Owner) (Authorized Agent) ~ No Yes No No ~es No Yes No Yes No Yes Yes~//~No for 3/87 lk