The URL can be used to link to this page

Home My WebLink About3787 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. 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) 765-1523 ACTION OF THE BOARD OF APPEALS Appeal No. 3787: Upon application of MARION ROBINS for Variances to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of four (proposed) parcels with insufficient lot area in this pending division of land located along the east side of Little Neck Road, the north side of Baldwin Place, and the west side of Strohson Road, in the Hamlet of Cutchogue; County Tax Map District 1000, Section 103, Block 10, Lot 2. Total lot area: 6.039 acres. The premises is located in the R-80 Zone District. WHEREAS, a public hearing was held on April 13, 1989, in the Matter of the Application of MARION ROBINS under Appeal No. 3787; 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 located in the R-80 Low Density Residential Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 103, Block 10, Lot 2. 2. The subject premises as exists is vacant, contains a total lot area of 6.039 acres with minimum frontages (or more) along three streets: Little Neck Road, Baldwin Place, Strohson Road. Southold Town Board of Appeals -2- April 27, 1989 Special Meetinq (Appl. No. 3787 - ROBINS decision, continued:) 3. By this application, appellant requests Variances from the Zoning Code for approval of insufficient lot area for: (a) proposed Parcel No. 1 of 69,621 sq. ft., (b) proposed Parcel No. 2 of 62,771 sq. ft., (c) insufficient lot area for proposed Parcel No. 3 of 66,691 sq. ft., and (d) proposed Parcel No. 4 of 63,993 sq. ft. 4. Article III, Section 100-32, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,000 sq. ft. for parcels in the R-80 Zone District. 5. In viewing the immediate area of the subject property in Section 103 of the County Tax Maps, the following parcel numbers, lot sizes, and/or Zone Districts are noted: (a) immediately to the north lot now in the ownership of Doris Bernhard and Lorraine Dunhuber, 9.9 acres (common ownership of Block 5, Lots 3 & 4 with Block 10, Lot 1; (b) the westerly, easterly and southerly boundary lines are each bordered by a street; ~c) those lots opposite the adjacent streets are located in the R-40 Zone District. 6. In considering this application, the Board finds and determines: (a) that it is the burden of the landowner to prove that the area restrictions as applied to his land imposes "significant economic injury"; and the burden of proof has not been substantiated; {Matter of Cowan v. Kern, 41 N.Y. 2d 591 [1977); Matter of Fulling v. Palumbo, 21 N.Y. 2d 30}; (b that the relief requested is substantial in relation to the requirements, being a variance of approximately 22 percent, or 17,229 sq. ft. {Lot ~2} less than the requirement; (c) that the premises has been located in the minimum 80,000-sq.ft. zoning district since May 1983, and upon information and belief, has never previously been divided {particularly prior to May 1983 when the minimum zoning requirement was 40,000 sq. ft.}; Id) that the difficulties claimed are not sufficient to warrant a grant of the relief requested; (e) there will be an adverse effect of increased dwelling density thus produced on available governmental facilities by the creation of precedents if the variance were allowed; Southold Town Board of Appeals -3- April 27, 1989 Special Meeting (Appl. No. 3787 - ROBINS decision, continued:) (f) there will be a change in the character of the immediate area in this zoning district and a grant of the variances requested will in effect establish a zone district at odds with all other zone districts provided for in the Zoning Code (VanDusen u. Jackson 35 A.D. 2d 58); (g) the variance if granted will in turn cause a substantial effect on the safety, health, welfare, comfort, convenience, order of the town; (h) in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will be served by denying the applica- tion as requested. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3787 in the Matter of the Application of MARION ROBINS, BE AND HEREBY IS DENIED, (without prejudice for consideration of applications of a different nature, if deemed necessary). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki, and Dinizio. (Absent, as agreed, was: Member Doyen of Fishers Island.) This resolution was duly adopted. lk ;.!ECEIVED AND FILED B,9 _ P' C, OEm 'rNGER, THOLD TOWN BOARD OF APPEALS "'~ SOUTHOLD T "~ ..... O~1-~' Cra,.! K D. tTE ~-/~"-/~'ff HOUR Town Clerk, Town of Southold Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOFHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO. JR. 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 hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, APRIL 13, 1989, at the following times: 7:35 p.m. Appl. No. 3832 - JOHN FORSBERG. Variance to the Zoning Ordinance, Article XXIV, Section 100-242 (and Article III-A, Section 100-30A.3) for permission to construct deck(s) to existing single-family dwelling structure, maintaining the nonconforming sideyard setback as exists at the westerly side. Lot area of premises is nonconforming at approximately 11,500 sq. ft. in this R-40 Zone District. Location of Property: 1310 West Road, Cutchogue, NY; County Tax Map No. 1000-110-5-12. 7:40 p.m. Appl. No. 3839 - DIANE DUNBAR. Variance to the Zoning Ordinance, Article III, Section 100-31 as disapproved, Article III-A, Section 100-30A.3 and Article XXIV, Section 100-242B for permission to construct open deck addition with an Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 insufficient setback from the front property line along Dogwood Lane (west). Lot area of premises is nonconforming at 16,423+- square feet in this R-40 Zone District. Location of Property: 615 Dogwood Lane, East Marion; Map of Gardiners Bay Estates, Section 2, Lot Nos. 98 and 99; County Tax Map No. 1000-37-1-11. 7:45 p.m. Appl. No. 3833 PETER DESANCTIS. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for approval of open deck addition with an insufficient setback from the southerly side property line, adjacent to existing fence enclosure. Lot area of premises is nonconforming at approximately 26,964 sq. ft. in this R-40 Zone District. Location of Property: 380 Inlet Lane, Greenport, NY; County Tax Map No. 1000-43-5-2. 7:50 p.m. Appl. No. 3836 - ANNA SCHALLER. Variance to the Zoning Ordinance, Article III, Section 100-31 as disapproved, Article III-A, Section 100-30A.3, and Article XXIV, Section 100-242B for permission to construct (garage) addition with an insufficient setback from the northerly side property line and Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 insufficient total sideyards. Lot area of premises is nonconforming at approximately 11,718 sq. ft. in this R-40 Zone District. Location of Property: 115 Parson's Boulevard (Private Road), East Marion, NY; Map of Gardiners Bay Estates, Lot 77 and part of 78; County Tax Map Parcel No. 1000-37-2-5. 7:55 p.m. Appl. No. 3837 - WAYNE L. ~ TERESA A. MAZZAFEt{RO. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article III-A, Section 100-30A.3 for permission for approval of existing swimmingpool with deck areas which will have an insufficient rearyard setback when attached by a raised deck to the rear of the existing dwelling. Lot area of premises is nonconforming at 10,000 sq. ft. in this R-40 Zone District. Location of Property: Marion, NY; Map of Marion Manor, No. 1000-38-2-17. 1650 Gillette Drive, East Lot ~17; County Tax Map Parcel 8:00 p.m. Appl. No. 3835SE - ARTHUR V. JUNGE, INC. Amendment to Special Exception Granted under Appl. No. 3705 under Article VIII, Section 100-80B of the prior Zoning Regulations for this previously zoned C-Light Industrial Zone District, now re-zoned to Light Industrial, Article XIV, Section 100-141, to include establishment of car repairs with outside storage and future occupancy of vacant building area at easterly Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 side of building (a use to be a permitted use in this Zone District). Location of Property: 22355 C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 19; containing 45,589+- sq. ft. in lot area. 8:05 p.m. Appl. No. 3834 - FRANK CURRAN. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3, and Article XXIV, Section 100-242, for an amendment to prior Z.B.A. Appeal No. 3769 rendered October 26, 1988, for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage, at premises known as 780 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01-016. Lot is nonconforming with a lot area of 19,080 sq. ft. in this R-40 Zone District. 8:15 p.m. Appl. No. 3819 - RUTHANN BARTRA. Variance to the Zoning Ordinance, Article III, Section 100-32, for approval of lot containing insufficient lot area located along the easterly side of Breakwater (or Luthers) Road, Hamlet of Mattituck, NY; identified on the Suffolk County Tax Maps as District 1000, Section 106, Block 9, 2.004 (part of 2.1). The premises is located in the R-80 Zone District. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 _ 8:20 p.m. Appl. No 3787 - MARION ROBINS. Variance to the / Zo.n~ng Ordinance, Article III-A, Section 100-30A.3 for approval ~ of four parcels with insufficient lot area in this pending subdivision located along the east side of Little Neck Road, the north side of Baldwin Place, and the west side of Strohson Road, in the Hamlet of Cutchogue; County Tax Map No. 1000-103-10-2. Total lot area: 6.039 acres. The premises is located in the ~ R-80 Zone District. 8:30 p.m. Appl. No. 3813 - SHELDON HILLS as Trustee for Barterama Corp. Employees Profit'Sharing Trust. Variances requested to reduce side yards to less than the required 20 and 25 feet, and less than the total 45 feet for both sideyards, on this 2+ acre vacant parcel. Zone District: R-80. Location of Property: Private Right-of-Way referred to as Private Road #11 (also referred to as Aldrich Lane Extension), extending off the north side of Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 12; Southold Town Planning Board Approved Set-Off Map March 4, 1985. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · .'~.~,¢,4_.., ,o .~.... !/.~.-7./ ...... PLEASE TAKE NOTICE that your application dated ...~r~..~. ~.. ~ ..... 19. ~.~.. for permit to ~: ~ .~.. .~.~' k) ............................ at Location of Property: .... ...~. ~ . .'~. d-..~....~.:... ! ....... . .g~.~.~ ~ ..... house ivo. Street i~J Ham/et Cou.tyTa×MapNo 1000S~tio~ /.~.~. ..... ~io~ .... ~.0 ....... rot Z~.~ ........ s,~ai,isio, ................. ~i~a ~, ~o ................. ~ot ~o.(~: ~ ~.'~ ~... i, t~t,~,a ~er~Tit~ a~a ai~,~ro~ea~, t~e ro,owi,~ ~ouna,. ~ .~.. ~ J.q 6.~ ~ , - ........... ;..~..~ ........... ~ ..... 7 V-.~..;i., ............ ,... . Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPEC'I~J~j TO THE Z,0JNJNG. BQAR~D,QF ApPEALS, TOWN O_IF SOUTHOLD, N. Y. APPEAL NO. '~ ''~ 9/28/88 DATE .............................. 1, (We) Marion Robins -.....1..0..5..0....Y..o..u..n.~.s....A..v..e..n_u..e. .................................... Name of Appellant Street and Number Southold New York ............................ HERESY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ........ ,S..e.g.t..e..m..b..e.r...2.~..,1.9..8..8. ............ WHEREBY THE BUILDING INSPECTOR DENIED TO Michael J. Hall, Esq., attorney for Marion Robins Name of Applicant for permit of 1050 Youngs Avenue, Southold, New York Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) Certificate of Occupancy for four (4) building parcels 1. LOCATION OF THE PROPERTY .....L.~...t..t..1.e....N..e..c..k....R..o..a.~:....C..u.?.?..h..o..~,.u..e ............................................ Street Use District on Zoning Mop 1000-103-10-p/o2 Marion Robins .................................................................................. Current Owner 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.) Article III Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) ¢['m~ar~r) been 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 ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 x) A Variance to the Zoning Ordinance ) requested for the reason that this nearly square six (6) acre parcel is not in conformity with the neighborhood and owners wish to crreat four separate parcels of about 1-1/2 acres each Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the four family members who are co-owners of this oversized large parcel cannot hsare in its use or partition it without a variance from the Zoning Board. 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 most of the parcels in this section are between 1/4 and 1 acre in size, This parcel is six (6) acres and is oversized compared with properties in the immediate vicinity. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the four (4) parcels created wonZd each be about 1-1/2 acres; much more in harmony with the character of the neighborhood and yet not much smaller than the present zoning ordiance. M' ot'"~ ................................. COUNTY OF Suffolk ) ~i.~. ba~,at~rseq., attorney for _// Marion Robins Sworn to this .............. G~0~.,,.~,- ................... day of ....... ~.e,.~. ............................. 19 88 Notary Public · .-. TOWN OF SOU OLD PRoP RECORD CARD OWNER STREET VILLAGE DIST. SUB. LoT ~o~ ow~ ~, :'" -<,//,: ?:"~J , , ~ND IMP. TOTAL DA~ R~RKS AGE B~ILDING CONDITION N~ NOR~L BELOW ABOVE ~FA~ Acre Value' Per Value Tillable M~d~land DEPTH H~ Plot BULKH~D Total D~K t I'._J .... a T- APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZ[O, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: × Variance from the Zoning Code, Article zIZ.j%Section 100-30A..3 Variance from Determination of South~ld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3787 Applicant: Marion Robins Location of Affected Land: N/s Baldwin Pl., County Tax Map Item No.: 1000- 103-10-2 Within 500 feet of: Town or Village Boundary Line W/s Strohson Rd., Cutchogue Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or 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 permission to subdivide four lots with insufficient lot area. Copies of Town file and related documents enclosed for your review. Dated: May 23, 1989 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. 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 19, 1989 Michael J. Hall, Esq. Youngs Avenue $outhold, NY 11971 Re: Appl. No. 3787 - Marion Robins (Variances) Dear Mike: Transmitted for your records is a copy of the official findings and determination rendered by the Board of Appeals in the above matter at our April 27, 1989 Regular Meeting. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Suffolk County Department of Planning $outhold Town Planning Office DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G, HALPIN SUFFOLK COUNTY EXECUTIVE 360-5513 ARTHUR H. KUNZ DIRECTOR OF PLANNING May 24, 1989 Town of Southold Zoning Board of Appeals Applicant: Marion Robins Mun. File No.: #3787 S.C.P.D. File No.: SD-89-13 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE, El,, NEW YORK I t78~J DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5513 May 24, 1989 Town of Southold Zoning Board of Appeals Applicant: Marion Robins Mun. File No.: #3787 S.C.P.D. File No.: SD-89-13 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Cor~nission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb Town Hall, 53095 Main Road P.O. Box I 179 $outhold, New York 11971 TELEPHONE (516) 765-1938 PLANNinG BOARD OFFICE TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Planning Board RE: December Calendar DATE: December 6, 1988 ~"/Marion Robin~ - ZBA Application No. 3787 SCTM#1000-103-10-2 The Planning Board is not in favor of this proposal as it is inconsistent with the proposed Master Plan which was adopted by the Planning Board. ~.I. Utility Co. - ZBA Appl. No. 3797 SCTM~1000-6-5-3&5 The Planning Board recommends that the building envelope for Lot No. 2 be designed so that it is setback at least 75 feet from the wetlands. The Board also is aware that this subdivision is to be for affordable housing. The Board thus recommends that a Covenant and Restriction be asked for which states that this is to be for affordable housing in perpetuity. Elizabeth McCance - ZBA Appl. No. 3798 SCTM#1000-6-5-3&6 It is the Planning Board's opinion that Lot No. 6-5-12 was merged with Lot No. 6-5-3. Research shows that both lots were purchased in the s~me name (McCance). The Board thus requests that the lot labeled as Assessor Map 6-5-12 be included in the subdivision as Lot No. 4. The Planning Board also requests that the lot line for Lot No. be designed to allow for frontage on Cottage Place (please see attached map). The west lot line for lot 6-5-12 should be changed (see map) to allow for setbacks from the existing garage. January 25,1989 Mrs. Linda Kowalski Southold Town Zoning Board of Appeals ~outhold Town Hall Main Road Southold, New York 11971 Re= Subdivision - Marion Robins Sctm#1000-103-10-2 Dear Linda= I am enclosing copy of deed to the above subject premises. I understand that everything in Town Hall is now on "hold" as a result of the Master Plan passing, but please be so kind as to place this application on the next available Zoning Board of Appeals calendar and notify me accordingly. Sincerely, MJH=kg Enc. Michael J. Hall cc:Mario~Robbins ~l.~,~.r ~he right, title i~,d 103.oo BIa: ~cut. 17 ~n~, Mest still al~g t~e ~U~v~ 11~ of LiZZIe 10.o0 ,7~.~'feet ~ ~d now or fo~ly O~.~enrl~tCa ~ope~; t~nce "~ . uf:k:~ co~;t3 on ~ove~er 12, 1976 tn L. ~23~ ('E .,;~. L_..._. ~80 R-80 S_dY LITTLE Agric Resid Resic Re~id Re$icl I ' Rivirhead, L. L, York ~,~e~ SOUTHOLD ISTRICT NO I000 A I03 PROPERTY MAP j 0 ~ N E R PAGE- LAST KNOWN OR REPUTED OWNER ............ EUTCROGUE NY 11VSb ...... _.~ .............................. COCONUT GRO~E~FL ------ · -~ COOPER JOSEPH . CIO STANLEY CHASE ~ CE~T2[~SLA~R~ - 116 CENTER ISLAND ~ER~~p ............................................... SCOURTSIS ALEXIS & .......................... MORGA~ DONALO~ &~ S~ ......... ST PETERS EV CHURCH ........................... L ..... w I L L t ~ ~'~C O CE~ AN-~ .............................................. ..... '~'~'~"~--- 3Z15 LITTLE NECK RD ., ----:==Z== ............... ~C{ir C~U ~'~ y Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 TELEPHONE (516) '/65-1938 TO: FROM: RE: DATE: PLANNING BOARD OFFICE · ' .: TOWN OF SOUTHOLD Zoning Board of Appeals Planning Board December Calendar December 6, 1988 ' n Robins - ZBA Application No. 3787 SCTM~1000-103-10-2 The Planning Board is not in favor of this proposal as it is inconsistent with the proposed Master Plan which was adopted the Planning Board. . I. Utility Co. ZBA Appl. No. 3797 SCTM~1000-6-5-3&5 The Planning Board recommends that the building envelope for Lot No. 2 be designed so that it is setback at least 75 feet from the wetlands. The Board also is aware that this subdivision is to be for affordable housing. The Board thus recommends that a Covenant and Restriction be asked for which states that this is to be-for ffordable housing in perpetuity. ~/Elizabeth McCance ZBA Appl. No. 3798 SCTM#1000-6-5-3&6 It is the Planning Board's opinion that Lot No. 6-5-12 was merged with Lot No. 6-5-3. Research shows that both lots were purchased in the same name (McCance). The Board thus requests that the lot labeled as Assessor Map 6-5-12 be included in the subdivision as Lot No. 4. The Planning Board also requests that the lot line for Lot No. be designed to allow for frontage on Cottage Place (please see attached map). The west lot line for lot 6-5-12 should be changed (see map) to allow for setbacks from the existing garage. 3 Alfred Falkowski -ZBA Appl. No. 3796SE The Planning Board is not in favor of the variance. The site is large enough to meet setbacks without a hardship. The granting of the variance will set an unnecessary precedent in this area. The surrounding properties are residential and this use should be protected by adhering to yard setbacks in accordance with the Town Code. William J. Baxter - ZBA Appl. No. 3801 The Planning Board requests that all storage be inside, and that no on site storage be allowed. The Planning Board also requests that the number of employees and uses of the building be described so as to calculate the number of parking spaces. Howard Luce (Lucas Ford) ZBA Appl. No. 3802 The Planning Board is requesting that the applicant use the same material for all four sides of the building. Also, the gable should continue around the rear of the building as it is visible from CR 48 as well as from Horton's Lane. The Board is also requiring that the building be set back to allow for a 75 foot buffer on Horton's Lane. The Board also requests that parking be in the rear, and not in the front or side of the building. Southold MAIN ROAD-STATE EOAO 25 Town Board o£ Appeals SOUTHOLD. L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. INTERDEPARTMENTAL MEMORANDUM TO: Southold Town Planning Board Chairman and Members Valerie $copaz, Town Planner FROM: Board of Appeals DATE: November 21, 1988 SUBJECT: Pending Subdivision Reviews Attached is a list of several subdivision projects which we understand have been, or are presently, under review by your office. Since we have, as of recent date, received applications concerning same, it is urged that if you wish to provide recommendations or co~ents concerning those elements affecting your jurisdiction, that you do so on or before December 7, 1988, and transmit a copy of your comments to the applicant or his attorney at the same time in order to keep Coordination up-to-date. If we do not receive your comments by December 7, assume that you have no objections to the general layout as submitted and accordingly proceed. 1988, we will lot-line Thank you for your cooperation in this coordination. lk · Page 3 Agenda Special Meeting ~ November 16, 1988 Southold Town Board of Appeals II. DELIBERATIONS/DECISIONS, continued: 9. Appl. No. 3782 - JOSEPH STOCKEN. Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permission to convert existing building to retail (grocery) store, which is not listed as a permitted use in this "C-Light Industrial" Zone District, in addition to the existing sales use (of gasoline and diesel) and proposed new building for automobile servicing. South Side of Front Street, Greenport, NY. III. OTHER: A. Reminders: 1. Suffolk County Planning Seminar to be held 11/19. 2. SEQRA Hearing - Chris and William Connors - Town Trustees 11/17 at 7:30 p.m. 3. Thirty-day comment period ends 11/19 on the DEIS and supplements Re: Road, Mattituck. Norris Estates, 28-acre site at Camp Mineola 4. Code Committee Meeting November 30, 1988 at 7:30 p.m. - Site Plan Section of the Zoning Code consideration. B. Resolution clarifying intent of Condition No. 2 of prior Z.B.A. decision under Appl. No. 3246 in the Matter of Carrig and McDonald dated July 3, 1984. (Copies attached for Board's reference, together with letter from Henry Raynor, Jr. agent.) as C. Resolution approving Minutes of the October 6 1988 Meeting. · D. New Application - Resolution determing same incomplete pending receipt of items per Chairman's Letter dated Nov. 2, 1988 in the Matter of PETER AND JANICE STEIL at Fishers Island. E. New Applications - Resolution to hold in abeyance temporarily for timely coordinated review and comments in the general lot-line layout jurisdiction before the Planning Board on the following applications: ~i-~?Appl. No. 3787 - Marion Robins Little Neck Road, ~flutchogue. Area variances for lots in proposed minor subdivision. Appl. No. 3797 F.I. Utility Co., Fishers Island. ~--A~ea variances for lots in proposed division of vacant land. Page 4 - Agenda Special Meeting - November 16, Southold Town Board of Appeals 1988 E. New Applications for Coordinated Reviews, continued: reaAppl. No. 3798 Elizabeth McCance, Fishers Island. variances for lots in proposed division of land with existing dwellings/nonconformities. F. New Applications for Coordinated Reviews under Site-Plan Elements of Planning Board jurisdiction and general layout of proposed parking and building placement: Appl. No. 3796SE - Alfred Falkowski, Cox Lane, ., Cutchogue. Proposed office and storage. ~2T~. ~ Appl. No. 3801 - William J. Baxter, N/s Main Road ~/' and W/s Elijah's Lane, Cutchgoue. Proposed conversion of use to allow manufacture of classic cars and related activities. III. Appl. No. 3802 - Howard Luce as Contract Vendee. Special Exception for car dealership at W/s Horton Lane and N/s C.R. 48, Southold. B-1 Zone District. (Planning Board site-plan review has been pending.) IV. Resolution authorizing and directing advertisement of the following matters for public hearings to be held on THURSDAY, DECEMBER 8, 1988 commencing at 7:30 p.m., as follows: Appl. No. 3791 - James Bergeron - Riley Ave, Mattituck. Variance to rebuild nonconformingsecond dwelling. Appl. No. 3793 - James Manos - Deck Addition with insufficient setback from wetlands. Lake Drive, Southold. Appl. No. 3794 - Jerry and Mary Georges - Soundview Avenue, Southold. Addition with insufficient setback Bluff--along-L~I.~S_~und. ~ Appl. No 3734 Kathr -' -~- ~ ...... .. - .~_~nr~n Fleet -~Insufficient area of · proposed Parcels ~ an~-~.Old Pasture Road, Cutchogue. Appl. No. 3795 - Peter and Dorothy Micciche, Windy Pt. Lane, SqtLthold~ Accesso~y_~ front yard. fApp/~. No. 3796SE -.Alf.re~_~~ Special Exception ~fo-f'~neUStory Building for office and storage uses. 8595 Cox Lane, Cutchogue. Warren Sambach, As Agent. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$,JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SnUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765~1809 October 5, 1988 Michael J. Hall, Esq. Youngs Avenue. Southold, NY 11971 Re: Appeal No. 3787 - Variance-Marion Robins Dear Mr. Hall: We are in receipt of the above application. The Board members will be conducting inspections and review in accordance with State .and local laws prior to advertising this matter for public hearing. In the interim, please furnish the following documentations as b. early as possible: d. Thank you for your ~ copy of the current deed to Mrs. Robins Copy of any available certificate of ~ occupancy for the entire premises Confirmation as to whether or not there are wetlands present upon the premises ~On~i~rsff~~ ~8~mC~~ and Copies of any communication or other update concerning Planning Board reviews under their jurisdiction, if available. anticipated cooperation. Very truly yours, tr Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski NOTICE OF HEARINGS ' NOTdCE IS HEREBY GIVEN, pursuant t6 Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, APRIL 13, 1989, at the following times: 7:35 p.m. Appl. No. 3832-- JOHN FORSBERG. Variance to the Zoning Ordinance, Arti- cle XXIV, Section 100-242 (and Article Ill-A, Section 100- 30A.3) for permission to con- ~frhct deck(s} to existing single~ family dwelling structure, main- talning the nonconforming side-' yard setb~k as exists at the westerly s/tl~ Lot area of pre- mises is nonconforming at ap- proximately 11,500 sq. ft. in this R-,10 Zone District. Location of Property:~1310 West Road, Cutchogue, NY; County Tax Map No. 1000-110-5-12. 7:40 p.m. Appl. No. 3839-- DIANE DUNBAR. Variance to the Zoning Ordinance, Article III, Section 100-31 as disap- proved, Article III-A, Section 100-30A.3 and Article XXIV, Section 100~242B for permission to cons;truer open deck addition with an insufficient setback from the front property line along Dogwood Lane (west). Lot area of premises is noncon- ~rming at 16,423 ± square feet tion of Property: 615 Dogwood Lane, East Marion; Map of Gardiners Bay Estates, Section 2, Lot Nos. 98 and 99; County Tax Map No. 1000-37-1-11. 7:45 p.m. Appl. No. 3833-~r~ PETER DESANCTIS. Variance to the Zoning Ordinance, Arti- cle III-A, Section 100-30A.3 for approval of open deck addition with an insufficient setback from the southerly side proper- ty line, adjacent to existing fence enclosure. Lot area of premises is nonconforming at approxi- mately 26,964 sq. ft. in this R-40 Zone District. Location of Pro- perty: 380 Inlet Lane, Green- port, NY; County Tax Map No. 1000-43-5-2. 7:50 p.m. Appl. No. 3836-- ANNA SCHALLER. Variance to the Zoning Ordinance, Arti- cle Ill, Section 100-31 as disap- proved, Article III-A, Section 100-30A.3, and Article XXIV, Section 100-242B for permission to construct (garage) addition with an insufficient setback from the~ northerly side proper- t3, line and ~sufficient total .sideyards. Lot area off premises is nonconforming at approxi- mately 11,718 sq. ft. in this R-40 Zone District. Location of Pro- perty: 115 Parsons' Boulevard, (Private Road), East Marion, NY; Map of Gardiners Bay tates, Lot 77 and part of 78; County 'l~x Map Parcel No. 1000-37-2-5. 7:55 p.m. Appl. No. 3837-- WAYNE L. AND TERESA A. MAZZAFE~RRQ. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Ar- ticle III-A, Section 100-30A.3 ~for permission for approval of · existing Swimming pool wi~h. deck areas which will have an in- sufficient rearyard setback when attached by a raised deck to the rear of the existing dwelling. Lot area of premises is-noncon- forming at 10,000 sq. ft. in this R-40 Zone District. Location ofv Property: 1650 Gillette Drive, East Marion, NY; Map of Marion Manor, LOt # 17; Coun- ty Tax Map Parcel No. I000-38- 2-17. 8:00 p.m. Appl. No. 3835SE --ARTHUR V. JUNGE, INC. Amendment to Special Excep- tion Granted under Appl. No. 3705 under Article VIII, Section 100-80B of the prior Zoning Regulations for this previously zoned C-Light Industrial Zone District, now re-zoned to Light Industrial, Article X!V, Section 100-141, to include establishment storage and future occupancy of vacant building area at easterly side of building (a use to be a permitted use in this Zone Dis- trict). Location of Property: 22355 C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block I, Lot 19; con- taining 45,589± sq. ft. in lot area. 8:05 p.m. AppL No. 3834-- FRANK CURRAN. Variance to the Zoning Ordinance, Article Ill-A, Section 100-30A.3, and Article XXIV, Section 100-242, for an amendment to prior Z.B.A. Appeal No. 3769 render- ed October 26, 1988, for con- struction of a pool with deck and fence enclosure with an in- sufficient frontyard setback and excessive lot coverage, at pre- mises known as 780 Ha~vaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01- 016. LOt is nonconforming with a lot area of 19,080 sq. ft. in this R~40 Zone District. 8:15 p.m. Appl. No. 3819--' ~ RUTHANN BARTRA. ~ Variance to the Zoning Or- I dinance, Article Ill, Section 100-32, for approval of lot con- taining insufficient lot area located along the easterly side of Breakwater (or Luthers) Road, Hamlet of Mattituck, NY; iden- tified on the Suffolk County Tax Maps as District I000, Section 106, Block 9, 2.004 (]art of 2.1). The premises is located in the R-80 Zone District. e'"~8:20 p.m. Appl. No. 3787-~ ~'M~RION ROBINS. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for ap- proval of four parcels with sufficient lot area in this pend- I ing subdivision located along the east side of Little Neck Road, the north side of Baldwin Place, and the west side oft Strohson Road, in the Hamlet of Cutchogue; County ~ Map No. 1000-103-10-2~ Total lot k area: 6.039 acres. The premises ~ is located in the R-80 Zone District ~'~8:30 ~.m. Appl. No. 3813- SHELDON HILLS as Trustee for Barterama Corp. Employees Profit Sharing Trust. Variances requested to reduce side yards to less than the required 20 and 25 feet, and less than the total 45 feet for both sideyards, on this 27 acre vacant parcel. Zone cg¢:;District: R-80. Location of Pro- perty: Private Right-of-Way re. ferred to as Private Road # 11 (also referred to as Aldrich Lane Extension), extending off the north side of Sound Avenue, Mattituck, NY; County 'lhx Map District 1000, Section 112, Block 1, Lot 12; Southold Town Planning Board Approved Set- Off Map March 4, 1985. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written com- e~ ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time al- lotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: March 30, 1989 ' ' BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER - CHAIRMAN ' By Linda Kowalski · ..; IX, 4/6/89 (113~ . e~y:. 115 Parsen's ~flevanl 0hivat~ Road), East Marion, NY; Map of Ga~ Bay Es~s, ~ 77 ~d pa~ ~ ~ty T~ Map Panel Ne` 1~-37-2-5. 7:55 p.m. A~I. No. 3837 WA~E g AND TERESA A. MAZ~O. V~fi~ to ~g Ord~, A~e XXIV~ sq. fc ~ ~is R-40 ~e Dist~ct. ~ ~ P~y: 1650 G~et~ 141, ~ ~chde e~b~shm~t of ~ ~ ~ide ~o~e ~d f~u~ ~on of Pm~ny= 22355 C,R. NOTicE OF"H~RING8 ' ~ NO~CE I$ HEREBY OIVEN, il ~ 1~-2~, for~ Im~dm~t Law and the Code of the Town of Sou~bld, the following heatings will he held by the SOUTHOLD TOWN BOARD OF APPEALS at · R~gular Meeting, at ~ So~thold Tow~ H~II, THURSDAY, APRIL 13, 1989. at the folb?ing times: 7:35 ~.m. AppL No. 3832 -- IOHN FORSEERO. Variance to the Zonin8 Ordinance, Article XXIV, Section 100-242 (and A~icle Tff. A, Se~ion 1~-30A.3) for permission to ~mtmct deck(s) to existing dnsle- family dwelling structure, maintain- in8 the nonconforming side]taM b~k as e~/st~ at the westerly side. .Lot ama of promises is n~ncom'~.m. mg at appmximalely I 1,500 sq. ft. in this R-40 Zone Disuict. Laeati~ of Property: 1310 West Road, · Cmchosue. NY; County Tax Map No. 1060-110-5-1Z 7:40 p.m. Appl. No. 3839 -- DI- AlffE DUNBAR. Variance to the Zor, ing Ordinance, A~/cle I~ Seain~ 100-31 as disapproved Attic/em * Section 100-2429 fa pen~ission to · onmm:~ epen deck .adid<m with ,n oonfonnin~ at 16,423:/: square feet in y: 615 Dogwood Lane Eas. Marion: Map of Osrdlnen Ba~ Es-~ ,ares, ,~ 2, Lo~ Nos, 98 and ~; County Tax Map Ne, 1000-37-1 -I L 7:48 p.m. AppL No. 3833 -- PE- TER DESANCTIS. Variance to the :~:mlng O~linm~c~, Anlde UT.A, Sec' deck addition[ with an imu~icient set- sure. Lot area of p~anises is forming at approximately 26,964 sq, ~ in this R-40 Z~e Dimic~. Loch. tion of Property: 380 Inlet Lane, Gmenpo~ NY; Cemtt y T~x Map No. 1000-43-5.2. 7:50 p.m, Appl. No. 3836 -- Ah~A SCHALLER. Variance to the ~ a ' as disapproved, Article B/.A, aectlo~ I00-30A.3, and Article .XXIV, Section 100-2429 for pe~is. st~ to ~onstmct (garage) addition no.belly side pmpmy line and imuf. finlem troll sideyards. Lot nrea of P~.'ses is nonce~ffonning at ap- Proximately I 1,718 sq. ft. in ikls R. ~ndered Oct~r 26, 1988, for atmctio~ of a ~ w~ ~k f~tyaM s~k ~d ~five ~8e, at ~ses ~o~ as 780 C~ty Tax M~ Pa~ No. 1~- 8:15 p.m. A~I. No. 3819 RU~ B~A. Vance to ~8~20 p.m, Appl, No. 3787 ON ROBES. Vad~ to amn: 6.039 a~s. ~e p~i~s :30 p.m. AppL No. 3813 Ba~emma Co~. Empl~ees Profit Sh~g Tmsc Va~ces ~st~ ~u~ si~ ya~s m ~ss ~ ~e ~;ht-oF-Way ~[e~ to ~va~ R~d ~I 1 (also ~e~d to ~d~ch ~c Extension), =~ten~in; off ~e n~ side of Soun~ Avenue. Met~tuck, ~; C~nty Tax ~t ]2; Southold Town Planning c ~d p~ ~r any ~d ~ ~r- STATE OF NEW '~) )SS: COUNTY OF SUFFOLK) Maribeth Powers of Mattltuck, In said County, being duly sworn, says that ha/she Is Principal Clark of THE SUFFOLK TIMES, a WaaMy Newspaper, published at Mattltuck, in the Town of SuuthoM, County of Suffolk and State of New York, and that the Notice of which the ammxad is a printed copy, has b~n regularly published in said Newspaper once each week for ] weeks successively, commencing on the 6 day of Continued from previous,' ~age Principal Clerk donal time for you~ p~scntadon will bc aval]ablc, i~ needed. For mom in- formation, please call 76~- 1 Dated: March 30, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN · l~y Linde Ko~sisk~ 6251-1TA6 MARY i< NOTA~ P't,; :~ : ? New York APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZ[O, JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: March 30, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies to the following on or about March 31, 1989: Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board ZBA Board Members (with file copies) ZBA Individual Files Mr. and Mrs. Centre, Mr. and Mrs. Mr. Warren A. Mr. and Mrs. 11030 John Forsberg, 259 Lincoln Avenue, Rockville NY 11570 George Dunbar, 19 Scott Drive, Melville, NY 11747 Sambach, P.O. Box 1033, Cox Lane, Cutchogue 11935 Peter DeSanctis, 512 Park Avenue, Manhasset, NY Mr. and Mrs. Wayne L. Mazzaferro, P.O. Box 238, East Marion, NY 11939 Arthur V. Junge, Inc., P.O. Box 768, Cutchogue, NY 11935 Environment East, Inc., 3075 Indian Neck Lane, Peconic, NY 11958 Michael J. Hall, Esq., Youngs Avenue, Southold, NY 11971 Mr. and Mrs. Gustav Bartra, 227 East Breakwater Road, Mattituck, NY 11952 Mr. Kenneth Hills, Mountain Home Builders, Inc. 24 South Court, Roslyn Heights, NY 11577, (for S. Hills) Southold Town Board of Appeals MAIN ROAD- STATE RI-lAD 25 E~r'IUTHE]LD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD April 13, 1989 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. ~ .E .Q .R .A. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI JAMES DINIZlO, JR. Notice of Determination of Non-Si~nificanc~ APPEAL NO.: 3787 PROJECT NAM~E: MARION ROBINS 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 ha~e 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 simil&r project. TYPE OF ACTION: [X] Type DESCRIPTION OF ACTION: Approval' of lot area in this pending subdivision LOCATION OF PROJECT: particularly known as: 1000-103-10-2 II [ ] Unlisted [ ] four parcels with insufficient Town of Southold, County of, Suffolk, more E/s of Little Neck Toad, Cptchogue, NY 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 not directly related to new construction. (3) This is a lot-line variance as regulated by Section 617.13, 6 NYCRR. FOR FURTHER INFORM3%TION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall Southold, NY 11971; tel. 516- 765-1809 or 1802. ' ' Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: October 5, 1988 Transmitted herewith is Zoning Appeal No. Marion Robins 3787 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 · application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk October 4, 1988 ~oS... Linda Kow~lski ugno£(l 'l~Dwn zoning Board of Appeals Southold Town Hall Main Road Soubhold, New_York 11971 Re: Subdivision - Marion Robins SCTM~1000-103-10-2 Dear Linda: I am enclosing MJH check No. 3188 in the amount of $75.00 to bring the total filing fee on the above captioned subdivision to $150.00. Sorry for the error! Sincerely, October 3, 1988 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Re: Subdivision - Marion Robins SCTM~1000-103-10-2 Gentlemen: I am submitting for your review and consideration the following application forms and information: 1. Notice of Disapproval dated September 9, 1988 by Building Inspector Victor Lessard 2. Application for Appeal of Decision by Building Inspector in triplicate o Notice to Adjoining Property Owners with certified mailings attached 4. Short Environmental Assessment form 5. Four (4) copies of updated survey indicating proposed subdivision of land 6. MJH check No. 3186 in the amount of $75.00 for filing fee If you have any questions, please contact my office. MJH:pg Encs. Sincerely, / cc: Marion Robins The ~.Y.S..Environmental Ouality Review Act,~equires sub- mission of this fo~ and an e~vironmental renew will be made by this board ore any action is taken. ~ ,sH,,oR? ENViRON~4EII,TAL Asgzs,S~E,~T FORM (a) In order tO answer the questions in this short EAr is is aseu~ed %hat the preparer will use currently available ~nforr~%tton cot;corning the project And the likely impacts of %he action. It is not expected that additional studiee~ research or other investigations wzll be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No l: is likely that this project is net ~lgnificant. (d) Fmviro~mental Assessment 1. Will project result in a large ~hysical cbmnge to the project site or physically alter more thnn 10 acre~ of lend? , , · · . . . 2. Will there be a major change to any unlsue or unusual land form found on the site? 3. Will project alter or have a large effect on an existing body of water? . Will project have a potentially large impact on groundwater quality? . . . , , . . . Will project significantly effect drainage flow 6. Will project affect any threatened or endangered plant or animml species? . . Will project result in a major adverse effect on air quality? Will project have a major effe¢~ on visual char- acter of the community or scenic views or vistas known to be important to ~he community? . , . Will project adversely inpact any site or struck- ute of historic, pre-historic, or paleontological importance or any site designated aa a critical environment~l area by a local agency? . . . 10. Will project have a major effect on exiat4ng or future recreational opportunities? . . . 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . x No x Yes No x Yes No Yes x No Yes x No Yes x No ¥~s x No Yes., x No Yes x No X Yes No x Yes., No Yes x No 13. Will project have any impact on public health or safety', , · , . , · , , . , , . Yes No Will project Affect the existing community by directly causing a ~rowth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the x character of the come, unity or ~eiKhborhooO?. . Yes No there owiler R~PRESENTING: Ma/z~n Robins -- DATE: September 28, 1988 \, \ \ ¥ i // A-C LITTLE Agricultural Conserve'ion Residential ~ Den~ty / Residential Low ~n~ l Re~ol L~ D~ E Residentiol Low Den~fy R~i~ Low Da~ E He.et D~ Resida~ia~ Rest't/Residential Residential/Office Limited Business Hamlet Business General Business Marine ~' Marine 11' Light industrioi/Office P~ Light Industriol F{ -40 ~-80 R-8(~ LITTLE PEGO BAY Agriculturnl Conserwtio~ Residenfiol Low Density Residential Low Density Residential Lo~ Density Residenti(31 Low Density Rssidenti~ Low Density Homier Dens~fy Residenfic Resort/Residential Residenfiol/Office Limited Business H(3mlet Business Gener~3i Business Marine 3' Merine Light Indush'i(al/Of fice Light Industri~31 Meeting Date: April 13, 1989 Appeal No. 3836 Members Absent, if any: Applicants: Anna Schaller Relief requested and liocation: Construct (-9~r~ge~ ~ddit~on ~tb. i~n~ff~c~i,ent ~etbac.k from the northerly side property line and insufficient total sideyards 115 Parson's Blvd. Charles Serge James Gerard Joseph E. Marion G rigonis Doyen Oi n i z i 0 Goehringer Sawicki 37-2-5 Resolution made by: ( Seconded by: ( ( ) ( ) ( ) ( ( ) ( ) ( ) ( ACTION: ( ) Approve as applied ( ) Deny as applied ( )' Deny Without prejudice ( ) Deny ( ) Subject to County Planning Referral ( ) Subject to Planning Board approval ( ) Subject to D.E.C. Withdrawn Without Prejudice as requested Approve with the following Conditions: [I] [2] · [ 3] [4] ( ) Special Exception criteria appltcof two ( X ) Prior application conditions applical[ NOTES: This Variance is temporary for a maximum period years, EXCEPT [ ] ] where the progosed subdivision has been finalized by all agencies and the parcels have been transferred by deed or other legal COnveyance to reflect the subdivi- sion lines accordingly. a building permit has been properly issued and construction commenced within this limited two-year period. VOTE OF THE BOARD: Ayes: ( ) CG ( ) SD ( ) JD ( ) GG ( ) JS Nays: ( ) CG ( ) SD ( ) JD ( ) GG ( ) JS Abstain: ( ) CG ( ) SD ( ) JD ( ) GG ( ) JS Absent: ( ) CG ( ) SD ( ) JD ( ) GG ( ) JS Resolution was passed: ( ) unanimously Resolution was not passed: ( ). This application was recessed until ( ) by majority vote ~ I ..... ~* .... "lReal Property iax_~wce ~ ~.s.,~m. lO00 ~' ~:t (~) COUNTY OF SUFFOLK Reap Properly Tax Service Age.¢y c ..... c ..... Meeting Date: April 13, 1~989 Appeal No. 3787 Members Absent, if any: Applicants: Marion Robins Relief requested and Eocation: Approval of four parcels with insufficient lot area in this pending subdivision E/s Little Neck Road Cutch0gue Charles Serge J ames Gerard Joseph 103-10-2 Grigonis Doyen Dinizi0 Goehringer Sawicki Resolution made by: Seconded by: (~) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ACTION: ( ) Approve as applied ( ) Deny as applied ( ) Deny without prejudice ( ) Deny ¢ ( ) Subject to County Planning Referral ( ) Subject to Planning Board approval ( ) Subject to D.E.C. Withdrawn SVithout Prejudice as requested Approve with the following Conditions: [I] [2] · [ 3] [4] [ ] This Variance Special Exception criteria appli(of two years, Prior application conditions applical[ ] is temporary for a maximum period EXCEPT .NOTES: VOTE OF THE BOARD: where the progosed subdivision has been finalized by all agencies and the parcels have been transferred by dee~ or other legal COnveyance to reflect the subdivi- sion lines accordingly. a building permit has been properly issued and construction commenced within this limited two-year period. Ayes: ( ) CC ( ) SD Nays: ( ) CG ( ) SD Abstain: ( ) CG { ) SD Absent: ( ) CG ( ) SD Resolution was passed: ( ) unanimously Resolution was not passed: ( ). This application was recessed until ( ) JD ( ) GG ( ) JS ( ) JD ( ) GG ( ) JS ( ) JD ( ) GG ( ) JS ( ) JD ( ) GG ( ) JS ( ) by majority vote TO~N CLERK ~ Tow~ o~ SO~T.O~ ~ l~ffolk C(,un~, New York 516- 76S-le01 ~9 ' ~ 8 ~ 2 J~,difh T. Terry, Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of : Marion Robins~ by Michael J. Hall,: to the Board of Appeals of the Town o:f Sdu{~old : TO: NOTICE TO ADJACENT PROPERTY OWNER to YOU ARE HEREBY GIVEN NOTICE: 1. ~ntention of the undersigned to petition the Board of Appeals of the Town of Southold request~arian..~.~Special Exception) (Special Permit) (Other) [cir¢l~ choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1000-103-10-p/o2 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential-Agricultural 4. That by such Petition, the undersigned will request the following relief: bulk area and parking requirements of zoning ordinance 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-31 [ ] Section 280-A, New York Town taw for approval of access over right(s)-of-way. 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) ?~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: September 28, 1988 Petit'oner, ~h~(el J.MHall ~So~{ns Southold, New York 11971 NAME RE~,Ei ~'~-~ RECEI[ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS P "F ~'~ RECEi A~DDRFCc 550 Stro] 3 Luc~ S~e AVenue Cutchogu~ i Postage Postage '0506 I Retup'¢ ,R%~e~ 6~1¢~t ~o~ Date, and Addre Postmark or e~ ~ t23 ' MAIL P 774 953 924 RECEIPT FOR CERTIFIED MAIL (See Reverse) c~o Lester Seaman Sfreel and NO Beebe Drive P q~u~h~J~,c°l~f 11935 Postage Certihed Fee Speoal Delwery Fee Reslncted Delivery Fee Return Receipt showing to whom and Date Dehvered Return Receipt show ng to whom Date and Address of Deiwery STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS. 1 rice at Southold, New York (certified) (mqCs~e~ed~ mail. Patricia Garsik , residing at Cutchogue, New York , being duly sworn, deposes and says that on the ?Sth day of September ,19 88 , 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 roil of the Town of Southold; that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by Sworn to before me this day of Sent~mhp? ~ , 19 /INgot I r y Public 28th 88 Patricia Garsik (This side does not have to be completed on form transmitted to adjoining property owners.) i..~3.30 82~t10E; - 2~5,44 tSAL.L)'v,/i NI ~., PL. AC~ t