HomeMy WebLinkAbout3361Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, I-.I., N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 336]
Application Dated ^pri] ]9, ]985 (Public Hearings 5/23/85 and 6/]3/85)
TO: [Appellant(s)]
Michael J. Hall, Esq. as Attorney
for MRS. JEAN C. HOLLAND
Youngs Avenue
Southold, NY 11971
At a Meeting of the Zoning Board of Appeals held on June ]9, ]985,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[X] Request for Variance to the Zoning Ordinance
Article III , Section ]00-3], 8u]k Schedule
[ ] Request for
Application for JEAN C. HOLLAND, by M.J. Hall, Esq., Youngs Avenue,
Southold, NY for a Variance to the Zoning Ordinance, Article III, Sec-
tion 100-31 and Bulk Schedule, for approval of insufficient lot area
and width of two proposed parcels located at Lowland Road, Meadow Beach
Lane, and Sunset Road, Nassau Point Map Section C, Lots 327 and 328, and
Walter Grabie Map, Lots 36 and 37; Cutchogue, NY; County Tax Map Dis-
trict 1000, Section 111, Block 10, Lots 18, 1 and 2.
WHEREAS, a public hearing was held on May 23, 1985 and June 13, 1985,
at which time the hearing was concluded; and
WHEREAS, the board has considered all testimony and documentation
in the record concerning this application; and
WHEREAS, the board made the following findings of fact:
1. The property in question is located at the west side of Sunset
Road and the south side of Meadow Beach Lane, Nassau Point, Cutchogue,
New York, is located in an "A-80" Residential and Agricultural Zoning
District, and is more particularly identified as Lots 327 and 328,
Nassau Point Map Section C dated August 16, 1922, containing a total
area of 95,660 sq. ft., and Lots 36 and 37, Map of Walter Grabie,
dated April 19, 1938, containing a total area of 21,107 sq. ft.
(including underwater land); and identified on the Suffolk County
Tax Maps as District 1000, Section 111, Block 10, Lot 18, and Lots
1 and 2, respectively.
2. By this application, appellant proposes a re-division of the
subject property into two lots: (a) parcel 'A" which is improved with
a single-family, 1½-story frame house and accessory garage located in
the frontyard area, of an area of 61,525 [55,660 upper area and 5,865
lower area] sq. ft.; (b) parcel "B" which is vacant of an area of
55,242 sq. ft. [40,000 sq. ft. upper area and 15,242 lower area], and
a lot width of 93 feet.
3. In considering the maps submitted as amended June 12, 1985,
the dwelling which exists wilt have a setback from the proposed
(CONTINUED ON PAGE TWO)
DATED: June 27, 1985.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 Appeal No. 3361
Matter of JEAN C. HOLLAND
Decision Rendered June 19,
1 985
division line (sideyard) of four feet, which is at variance from
the current bulk requirements of a minimum of 20 feet in the "A-80"
District (15 feet in the "A-40" District).
4. For the record, it is noted that the premises was purchased
July 17, 1967, and that since that time, several building permits
have been issued permitting substantial renovations and enlargement
of the dwelling on Lots 327 and 328, jointly.
5. Applicant has submitted a Declaration of Covenants and
Restrictions in legal, recordable form which would restrict all
structures, buildings or dwelling(s) of any kind, except docks
and bulkheads as permitted by codes, upon Lots 36 and 37, Map of
Walter C. Grabie [referred therein as "Parcel II"].
6. Suffolk County Department of Health Services communications
dated June 17, 1985, indicates that Article VI approval for this
division of land is required, and that to date, an application has
not been filed.
In considering this appeal, the board has determined that the
application as applied must be denied for the following reasons:
(1) additional relief is necessary for the setback of the existing
dwelling from the amended division line, and such amendment is
beyond the scope of the original notice of hearing; (2) the
water table in this area is fragile and such a division of land
will require reviews and approval under Article VI, "Realty Sub-
divisions and Developments" as indicated by the Suffolk County
Department of Health Services.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, that the relief as requested in the Matter of the
Application for JEAN C. HOLLAND, Appeal No. 3361, BE AND HEREBY
IS DENIED WITHOUT PREJUDICE to reapply after receiving Suffolk
County Department of Health Services, Article VI, approval.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was absent.)
This resolution was adopted by unanimous vote of the four members
present.
lk
GERARD GOEHRINGER,
June 27, 1985
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
Town Clerk, Town of Soutt'~ckl
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, MAY 23, 1985 and as
follows:
7:30 p.m. Application of HERODOTUS DAMIANOS, Pindar
Vineyards, Main Road, Peconic, NY for a Special Exception to
the Zoning Ordinance, Article III, Section 100-30(B)[14] for
approval of the establishment of a winery at Pindar Vineyard
premises known as 37645 Main Road, Peconic, NY; County Tax Map
District 1000, Section 85, Block 02, Lot 15.
0o°~o
7:35 p.m. Application of REYNOLD BLUM, Peconic Vineyards,
31320 Main Road, Cutchogue, NY for a Special Exception to the
Zoning Ordinance, Article III, Section 100-30(B)[14] for approval
of the establishment of a winery at Peconic Vineyards premises
known as 31320 Mafn Road, Cutchogue, NY; County Tax Map District
lO00, Section 103, Block 01, Lot part of 19.11; more particularly
identified as Parcel 1 of 24.249 acres as approved by Planning
Board 6/2/80.
7:40 p.m. Application for HELEN M. CONWAY, by R.H. Bruer,
Main Road, Southold, NY for a Variance to the Zoning Ordinance,
Article III, Section 100-31, and Bulk Schedule, for approval of
insufficient lot area, width and depth of proposed parcel to be
Esq.,
set off and located at the South Side of Chestnut Road, Southold,
NY; County Tax Map Parcel District 1000, Section 59, Block 03,
Lot 3 and part of 4.
7:45 p.m. Application for JEA~N ~ HOLLAN~D, by M.J. Hall, Esq.,
ngs Avenue, Southold, NY for a Variance to the Zoning Ordinance,
icle III, Section lO0-31, and Bulk Schedule, for approval of
ufficient lot area and width of two proposed parcels located
Lowland Road, Meadow Beach Lane, and Sunset Road, Nassau Point Map
tion C,, Lots 327 and 328, and Walter Gra§ie Map, Lots 36 and 37;
chogue, NY; County Tax Map District 1000, Section lll, Block 10,
s 18, 1 and 2.
7:50 p.m. Application for PHILIP R. REINHARDT, by R.H. Bruer,
Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance,
Article III, Section 100-31, and Bulk Schedule, for approval of ,
insufficient area, depth and width of two parcels in this proposed
set-off division of land located at the north side of Pine Neck
Road, Southotd, NY; County Tax Map District 1000, Section 70, Block 6,
Lot 19.
Page 2 - Legal Notice of Hearings
Regular Meeting of May 23, 1985
Southold Town Board of Appeals
8:00 p.m. Application for ANDREW AND IDA PITRE, by A. Wickham,
Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordi-
nance, Article III, Section 100-32 (100-30) for approval of an
8' by 10' accessory storage shed in the frontyard area at premises
known as 670 Holbrook Lane (Private Road #i5), MattitucK, NY;
County Tax Map Distr~ct lO00, Section ll3, Block 06, Lot 008.
The Board of Appeals will hear at said times and place any
and all persons desiring to be heard in each of the above matters.
Written commentS may also be submitted prior to the conclusion of
the subject hearing-
Dated: May 2, 1985. BY ORDER OF THE sOUTHOLD TOWN
BOARD OF APPEALS
Further
Appeals
information may
(516) 765-1809
GERARD P. GOEHRINGER
CHAIRMAN
be obtained at the Office
(alt. 1802).
of the Board of
INSTRUCTIONS TO NEWSPAPERS: Please publish once, to wit,
Thursday, May 16, 1985, and forward six affidavits of publica-
tion by May 20th to: Board of Appeals, Main Road, Southold, NY.
FORM NO, 3
TOWN OF SOUTIIOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF I)ISAPPRO¥'AL
File No ................................
PLEASE TAKE NOTICE thai your application dated 7 3.~. g.e.a~.. ?.~. ·
for pc=it to ~,~'~~~ ......................................... at
Location of Property . .....~.~. ~ ....... ~~.~ .... :.
County Fax ~ap No. 10~ Section ... ~1.1 ........ ~lock .... g ,~ ....... Lot .. ~.. !. Y...
Subdivision V~ ~ ~..fiFiled Map No .... l .~ .... Lot No
is returned he,with ~,,1 disapproved on the following ~ounds . ~. ~... ~...
~u~ding Inspector
RV
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
DATE ..~ ./..7..../.?~~--
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) Jean C. Holland of No. ¢~ Vanston Road
Name of Appellant Street and Number
Peconic New York
......................................................................................................................... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED: 12/8/83FOR: Minor Subdivision
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(X)
Jean C. Holland
Name of Applicant for permit
of
No, {.~ Vanston Road, Peconic, New York
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
PERMIT TO BUILD re-subdivide land into two conforming parcels
1. LOCATION OF THE PROPERTY No. # Vanston Road, Peconic, NY A Res/Ag
M/0 Walter Grabie 36-37 5treat and Hamlet Zone
Jean C Holland
M/0 Nassau Pt., Sec. C 327 & 328OkrNER(~): ........ . ....
Mop No. Lot No.
July 17, 1967
DATE PURCHASED: .....................
2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article III , Section 100-31
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 ~es) (has not) 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
(X) request for a variance
and was made in Appeal No ....... 3.23.Q ................. Dated .......... .Maz. oh...l&,....l~g&.A ..........................
( )
(X)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested forthe reasonthat we would like to re-subdivide the lots which
presently exist with one house into two lots nearly equal in size with
one additional dwelling.
Form ZB1
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical, difficulties or unneces-
sary HARDSHIP becau~ the applicant is now possessed ~ a "white elephant" -
a large house on two parcels of land. Without the requested re-subdivision,
the property is a drain on its owner. The re-subdivision would result
in two parcels much more similar to those by which it is surrounded
and would do substantial justice to the landowner as well as the
neighborhood.
2~ The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity ofthisproperty and inthisuse districtbecause most properties in the
immediate vicinity are less than 1/2 the size of the applicants proposed
parcels.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CflARACTER OF THE DISTRICT because if this re-subdivision is allowed, the
resulting two parcels will still be larger than almost every other
parcel in the vicinity. The re-subdivision of these parcels would
in fact restore them to the original plan of the original grantor,
thus resulting in more conformity with the character of the district
than presently exists.
STATE OF NEW YORK )
)
COUNTY OF SUFFOLK)
MICHAEL 3. HALL
Sworn to this .......... /.....~....~ .................... day of-..~ ............. ,9 ~- ~
Notary Public
ELIZABETH A. LADEMANN
Notary Pub/l~, State of New
No. 4811949
C 0u~lifi_ed i.rt Suffolk
omrmss,on e. Xplres March 30. 1L~
Z
T,'+~,-~- N-c'- t ~-~OQO~ . ~ee~o~C~ , New York
DECLARATION OF
COVENANTS AND RESTRICTIONS
PROPERTY OF JEAN C. ttOLLAND
NASSAU POINT, CUTCI1OGUE, NEW YORK
DI';CI.ARATION OF COVENANTS made this 15th day o! May, 19S4,
by JEAN C. ItOL1.AND, residing at Vanston Road, Cutchogue,
New Yerk, hereinafter called the Declarant.
WIIEREAS, the l)eclarant is the owner in fee simple of the
following premises: PARCEl. I:
AI.L those certain plots, pieces or parcels of
land, with the buildings and improvements thereon
erected, situate, lying gild being at Nassau
Point or 1. ittle Hog Neck, Town of Southold, Connty
of Suffolk and State of New York, known and
designated as Lot Nos. 327 and ~28 on a certain
map entitled, "Amended Map A of Nassau Point,
owned by Nassau Point Club Properties, Inc. ,
situate in the Town. of Southold, Loug Island,
New York surveyed June 28, 1922 by Otto W. Van
Tuyi, C.E. & Surveyor, Greenport, New York",
and filed in the Office of the Clerk of the
County of Suffolk on August 16, 1922 as Map No. 156.
['AI{C EL II:
AL1. those certain plots, pieces or parcels of
land, situate, lying and being at Nassau Point,
Town of Southold, County of Suffolk and State
of New York, known and designated as Lots 36 and
37 on a certain Sob-Division Map of Property
of said Walter C. Grabie, situato on Nassau
Foiug, Peconie, New York, made by Otto W. Van
Tuyl.of; Greenport, New York, Surveyor, and which
Map was filed in the Suffolk County Clerk's Office
on April i9th, 1938 as Map No. 1257.
WHEREAS, the l)eclarant desires to make this Declaration
setting forth restrictions, covenants, conditions and agree-
ments, sub joel to which the property shown oil said map is now
held and shall be sold and conveyed.
NOW, THIiREFOI(E,
(-
the aforedescribed premises shall be
subject to the following covenants and restrictions which
.~hall. run with th~ land~
] . That no structure or dwelling of and kind,
docks and bulkheads as permitted by codes existing
in the
except
future, shall be placed or constructed on the property
as Parcel II.
2. These covenants and restrictions shall run with
the land.
JEAN C. [{OI,I,AND
Sworn to before me this
day of May, 1984.
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAiRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
I~AIN ROAD-STATE ROAD 2.~ SQUTHnLD, L.I., N.Y.
TELEPHONE (516) 765-1809
March 22, 1988
Anthony B. Tohill, Esq.
12 First Street, Box 1330
Riverhead, NY 11901
Re:
Your Letter Dated March 21, 1988
Premises Known as CTM#1000-111-10-1, 2 & 18
Matters of Jean C. Holland
Dear Mr. Tohill:
We are today in receipt of your letter of inquiry
with enclosure concerning the above premises.
At this time, we do not have an application pending
concerning these premises; however, our records do show
that actions were taken under Appl. No. 3230 on Novem-
ber 29, 1984, and again under Appl. No. 3361 on June 19,
1985.
Copies of those actions are attached for your
convenience.
Please don't hesitate to call if you have any
questions.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosures By Linda Kowalski
March 21, 1988
Ms. Linda Kowalski
Zoning Board of Appeals
Southold Town Hall
Main Road
Southold, New York 11971
Re:
Jean C. Holland - SCTM 1000-111-10-18-1
Premises at Nassau Point, South of Meadow
Beach Lane and Sunset Road
Dear Linda:
The captioned undersized lot subdivision application
has been in various forms pending before the ZBA for over four
years, always awaiting either DEC or Health Department review and
approval. Attached is a copy of the last outside agency (SCHO)
approval necessary. Could you pull your files and advise the
best route to place this matter on the ZBA calendar for hearing.
Very truly yours,
Anthony B. Tohill
ABT:KR
Enclosure
cc Ms. Jean C. Holland
DEPARTMENT OF HEALTH SERVICES
COUNTY OF SUFFOLK
PATRICK (~. HALPIN
SUFFOLK COUNTY EXECUTIVE
March 7, 1988
DAVID HARRIE, M.D., M.P.H.
COMMISSlON~[R
Ms. Jean C. Holland Longnecker
P. O. Box 86-B
Cutchogue, New York 11935
Subject:
Board of Review Hearing - February 11, 1988
Proposed Subdivision of Longnecker, Property Located
South of Headou Beach Lane and Sunset Road, Nassau Point,
Town of Southold
(SCT~ 1000-111-10-18-1)
Dear Ms. Longnecker:
At the hearing held on February 11, 1988, you had an opportunity
to present your appeal of the department's ruling on the subject
application.
In accordance with the provisions of Article 2, Section 220, of
the Suffolk County Sanitary Code, the determination of the Board of
Review is as follows.
Based on the information submitted, the Board will grant the
request for a variance for the two lot development to utilize wells
that are approximately 30 ft. into water. This approval is for
parcels A & B only -- Lot #36 is considered to be part of either one
or both of the parcels and is not to be considered as an additional
building lot.
The granting of this waiver does not imply that your application
will be automatically approved. It is your responsibility to ensure
that your application is complete; otherwise, your approval will be
subject to unnecessary delay.
Very truly yours,
Robert A. Villa, P.E.
Chairman, Board of Review
RAV/pd
cc: Walter G. Llndley
COUNTY OF SUFFOLK
DEPARTMENT OF PLANNING
(516) 360-5513
Town of Southold
Board of Appeals
Applicant: Jean C. Holland
Zoning Action:
Mun. File No.: 3361
S.C.P.D. File No.: SD-85-6
July 2, 1985
Gentlemen:
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, 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: The Board of Appeals should cautiously exercise its discretionary
power in granting such substandard lot area variances which only serve to under-
mine the effectiveness of the zoning ordinance, alter the character of the area
and establish a precedent for the continuance of such a practice.
Very truly yours,
Lee E. Koppelman
Director of Planning
by
Gerald G. New-man
Chief Planner
11788
APPEALS BOARD
MEMBERS
GERARD P. GOEHRiNGER, CHAIRMAN
CHARLES GRIGONIS, .IR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH R. SAWICKI
Southold Town Board of Appeals
MAIN RI:lAD- STATE RQAD AS SOUTH[:]LD, L.I., N.Y. 119'71
TELEPHONE (516) 765~1809
June 27, 1985
Michael J. Hall, Esq.
Youngs Avenue
Sot~thold, NY 11971
Re: Appeal No. 3361 Jean C. Holland
Dear Mike:
Enclosed herewith is a copy of the
and determination rendered by the Board
Special Meeting of June 19, 1985.
recent findings
of Appeals at their
It is my understanding that you may re-apply after
receiving clearance from the Suffolk County Department of
Health Services.
Please submit the amended maps to the Building
Inspector for an amended Notice of Disapproval before
re-applying with the Board of Appeals.
If you have any questions, please don't hesitate
call.
to
Enclosure
Copy of Decision to
Suffolk County Planning
Building Department
Yours very truly,
Linda Kowal ski
Commission
Southoid Town Board of Appeals
MAIN ROAD-,STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD Mel/ 23,1985
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR. S oR. Q.R.A.
SERGE DOYEN, JR.
ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION
JOSEPH H. SAWICKI
Notice of Determination of Non-Significance
APPEAL NO.: 3361
PROJECT NAME: Jean Holland
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmenta% 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: Variance. for two parcels of land with
insufficient lot area and width
LOCATION OF PROJEC. T: Town of Southold, County of S~folk, ~or~
particularly known as: Lowland Rd, Meadow Eeac~ Lane ana =unsetRoaQ,
Nassau Point, SCTM~ 111-10-18 l&2
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;
FOR FURTHER INFORMATION, 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
To:
Southold Town
OFFICEOFTHETOWN CLERK
TOWN OF SOUTHOLD
April 17, 1985
Zonin~ Board of Appeals
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
From: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3361 application
of Jean C. Holland for a variance. Also included is Short
Environmental Assessment Form; letter relative to N.Y.S. Tidal
Wetlands Land-Use; Notice to Adjacent Property Owner; Notice of
Disapproval from the Building Department; and three proposal
maps.
Y Judith T. Terry ~
Southold Town Cl~rk
'i
$~AI_.E: 4'0'=
iron pip~
Southold Town Board of Appeals
MAIN ROAD- BTATE ROAD 25 ROUTHOLD, L.I., N.Y. 11971
1-ELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, ..IR.
SERGE DOYEN, .IR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
June 18, 1985
Michael J. Hall, Esq.
Youngs Avenue
Southold, NY 11971
Re: Appeal No. 3361 Jean C. Holland
Dear Michael:
In discussing the particulars of this application with
town counsel, we were advised that an additional variance is
required for the insufficient setback from the proposed
division line.
It is suggested that the newly revised maps be re-submitted
to the Building Inspector in order that he may re-issue his
Notice of Disapproval for which you may appeal under. We are
enclosing for your convenience a new set of application forms.
Also enclosed is a copy of communications received today
from the Suffolk County Health Department concerning Article VI
subdivision approval..
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Kowalski
Enclosures By Linda
cc: Building Department
Planning Board
P.S. Returned is the N.Y.S.D.E.C. permit
left with us at the 6/]3 hearing.
#10-84-0678 which was
NEW YORK STATE D~PART~NT OF ENVI~ON~NTAL CONSERVATION
Building 40, State University of New York
Stony Brook, New York 11794
516-751-7900
". Jean C. Holland
Vanston Road RR1
August 23, 1984
Cutchogue, N.Y. 11935
~: 10-84-0678
Dear Jean C. ttolland
In conformance with the reqairements of the State Uniform
Procedures Act (Article ?0, ECL) end its implementing Regulations
(6NYCRR Part 621) we are enclosing your permit. Please read all
conditions carefully. If you are unable to comply with any condi-
tions, please contact the Regional Regulatory Affairs Office, NYS
Department of Environmental Conservation, State University of New
York at Stony Brook, Building 40, Stony Brook, New York 11794.
Also enclosed is a permit sign which you are to conspicuously
post at the pro~ect site, protected from the weather.
Encls.
K STATE DEPARTMENT OF ENVIRONMENTAL CONSE
PERMIT
UNDER THE ENVII~ONMENTAL CONSERVATION LAW
B ARTICU IS, (l'rotectloo of Water) []' ARTICLE 25, (Tidal Wetlands)
ARTICIF 24, (Freshwater Wetlands) [] ARTICLE 36, (Conat?uction in Flood Hazard Areas)
I P£1~41T NO.
10-84-0678
PERMIT ISSUED TO
,l~n C, Hnll~nd
ADDRESS OF PERMI1TEE
Vmn~rmn Read.. RR1. Box 86B Cutchogue~ N.Y. 11935
LOCATION OF PROJECT (Section of stream, tidal wetland, dam, building)
M~adnwhrnnk La & Sunset Read Nassau Point, Little Ho~ Neck, Cutcho~ue N.Y.
DESCRIPTION OF PROJECT
Rtthd~v~qnn mrmatlng twa ]mts from four with construction of a ~rooosed single family
__d,~ll~nz wqth mpp,,rf~nmnt mmwmgm dtspmmal mystem on one lot and retain ex~,g single
F~m~lv r{,.7~ll(n~ nn Ch~ nrhmr-ho~h dwmllin~s
COMMUNITY N~ME (City, Tow~, Village) { TOWN
COUNTYSuffolkIIF'A C~MUNI~ NO* ' { DAM NO.
GENERAL CONDITIONS
1. The ~rmirtee shall file In I~ ~flce ol t~ a~plate ReSIo~l
o~s in adwnce ~ I~ I1~ of comm~emnl a~ shell also notify him
rom~ty in wriling of the c~pletion of I~
2. The ~rmill~ ~rj s~ll ~ s~bj~/ Io jna~cljo, by a, ~ulhurjz~
~presenlalive ot I~ ~nt of Elvl~nlal conse.tljo~ Who
~d~r Ihe ~k sus~ Il Ihe pebli¢ Inlelest so requIres.
~pted e~pressly, by lhe execution of lhe lppljcatlon, lhe full le~l mspon-
ear suffered, arisi~ o~ of the ~oject descri~ hereIn a~ has a~re~ to
~sts of every na~ ~nd description ~esullln~ lmm I~ s~ld ~oje¢l.
4. Any material ~red~ed In lhe pr~ec~jon of t~ ~k herein ~rmlrted
~all be removed evenly, wjl~ leaving large refuse plles~ ridges across I~
t~ of Ihe watem~y or ffoM ~l~in or ~eep holes lh~t may have a latency
~use injury 1o navigable channels or lo the banks of the wate~ay.
S. Any ~teeial Io ~ ~e~siled o~ ~um~ under IbIs ~rmil~ eithe~
e walem~y or o, s~e ~bove hjg~ater mar~ shall ~ de.sited m dum~d
ereon, wilhin o~ behind ~ 8~ and subslanli~l buljhead ur bulkhends, such
6. T~re shall ~ no unreasonaple interference wllh n~vlSation by the
~rk herein authorized.
f. Thai if luture o~r~tlons by I~ st~le of NeW Yo~k requite an alteration
~ ~silion of the slruclure ~ work ~rein authorizM, m It, in Ihe opinIon
I~ ~pa,~n/ of Envl~onmenlal Conse.alion il shall ca,se, unreasonable
~slruction to I~ free navigallon of saId walers ~ fl~ JIows ~r e~a~er
e health, safety or welf~ of 1~ ~o~le of t~ SIdle, ol loss ur deslr~cllon
I~ nalural reso~ces of t~ sl~le, I~ ownel m~y be urder~ by I~ De~rt-
~reby wilhout expen~ 1o Ihe State; and If, u~n the expirsllon or rev~atjon
lhis ~fmil, I~ sIt.lure, flll, excav]lion, ur ot~l ~tflcation of Ihe
ae~course hereby a~h~ized shall not be compleled, t~ owners shall,
y portion of lhe u~omp]eled slroclure ~ 1111 a~ roslore Io Ils
,~rtion the navigable a~ II~ ca~cjly of the w~lurco~rsff. No claim shall
;~0d (9/7S) (SEE IEVIISE SIDE)
located landward of the 10' contour.
IPERMIT EXPIATION DATE
9/30/86
8. That the State of New York shall in no case be liable for any damage
or injury to the structure or work herein authorized which may be caused by or
result from future operations undertaken by the State for the conservation or
improvement of navigation, or for other purposes, and no claim or right to
compensation shall accrue from any such damage.
9. That if the display of lights and signals on any work hereby authorized
is not otherwise provided for by law, such lights and signals as may be pre-
scribed by the United States Coast Guard shall he installed and maintained
by and at the expense of the owner.
10. All worh carried out under Ibis permit shall be performed in actor*
dance with established engineering practice and in a workmanlike manner.
11. If granted under Articles 24 or 25, the Department reserves Ihe right
to reconsider this approval at any lime and after due notice and hearing to
continue, rescind or modify this permit in such a manner as may be found to
be Just and equitable. If upon the expiration or revocation of Ihis permit, the
modification of the wetland hereby authorized has not been completed, the
applicant shall, without expense to the State; and to such extent and in such
time and manner as the Department of Environmenlal Conservation may require,
remove all or any portion of the uncompleted structure or fill and restore the
she to Ils turner condition. No claim shall be made asainst the State of New
York on account of any such removal or alteration.
12. This permit shall not be construed as conveying to the applicant any
right to trespass upon the lands or interlere with the riparian rights of others
to perform the permitted work or as authorizing lhe impairment of any rights,
title or Interest in real or personal property held or vested in a person not a
party to the permit.
13. The permittee is responsible for obtaining any other permits, ap-
provals, lands, easemanls and rights-of.way which may be required for this
project.
14. If granted under Article 36, this permit is granted solely on the basis
of the requirements of Article 36 of the Environmental Conservation Law and
Part 500 of 6 NYCRR (Construction in Flood Plain Areas having Special Flood
Hazards - Building Permits) and in no way signifies that the project will be
free from flooding.
15. By acceptance of this permil the permJttee agrees that the permit
is contlngenl upon strict compliance with Ihe special conditions on the
reverse side.
SPECIAL CONDITIONS
Attached Special Conditions A through J
PERMIT ISSUE DATE
8/Z3/84
.............. "~ BLDG 40. SUNY @
New York State
Department of Environmental Conservation
NOTICE
Permit No.
The Department of Environmental Conservation (DEC) has
issued permit(s) pursuant to the Environmental Conservation
Law for work being conducted on this site. For further informa-
tion regarding the nature and extent of work approved and any
Departmental conditions on it, contact the Regional Permit
Administrator listed below. Please refer to the permit number
shown when contacting the DEC.
Regional Permit Administrator
Expiration Date
9/30/86
NOTE: This notice is not a permit
COUNTY OF SUFFOLK
PETER F. COHALAN
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF HEALTH SERVICES DAVID HARRIS. M.D.. M.P.H.
To: ~"~ ~ -~~ Date ~_/~--~'~'~
We are in receipt of your letter dated ~e ~ /~'-- concerning the above
referenced project.
1. This Department has no objection to your designation of lead agency status.
2. This Department is in agreement with your initial determination.
3. This Department does not agree with your initial determination. See
Con~ents.
4. Insufficient information is available for technical comments.
There is no record of an application to this Department.
A more accurate project location is needed.
(Suffolk County Tax Map #)
6. This Department has received an application and it is:
Complete
Incomplete
Other:
7. It appears that the project can be served by:
Sewage Disposal System
Sewer System and Treatment Works
Subsurface Sewage Disposal System(s)
Other:
548-3318
Water Supply System
A Public Water Supply System
Individual Water Supply System{s)
Other:
Comments:
The Health Department's primary environmental concern pertaining
to development is that the applicant comply with the requirements of the
Suffolk County Sanitary Code especially Article ¥ and VI, and relevant
construction standards for water supply and sanitary sewage disposal.
These considerations are to be reviewed completely at the time of
application. Full consideration in placement of water supply wells
and disposal systems is given to state and town wetland requirements.
The Health Department maintains jurisdiction over final location of
disposal and well systems and the applicant should not undertake to
construct any water supply or disposal system without Health Department
approval.
Other portions of the Suffolk County Sanitary Code also apply to
commercial development such as Article XII. The Lead Agency is requested
to forward a copy of this form to the applicant with its findings.
Further comment may be provided upon completion of the application
review
Phone
Southold Town Board of Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICK[
June 4, 1985
Mr. Stephen A. Costa, P.E., Chief
Wastewater Management Section
Suffolk County Health Department
County Center
Riverhead, NY 11901
Re: Appeal No. 3361 Jean C. Holland
Dear Mr. Costa:
We have an application pending for approval of two
parcels in a re-division of land located at Nassau Point~
proposed Lot #1 is expected to be between 36,000 and 40,000
sq. ft., and proposed Lot #2 to be 49,000 to 54,000 sq. ft.
in area (exclusive of the land area seaward of "Lowland
Road," a paper street).
Although the entire premises was a prior subdivision,
the property has become merged and changes in the prior
subdivision lines are proposed.
Since this property is in a critical environmental
area and has a sensitive water table, we would like to
request your input and comments at this time. Will your
department require Article VI approval for this re-division?
If not, may we have your input concerning the effects of
this division and building at a future date of an additional
dwelling.
Enclosed for your file is a copy of a proposed sketch
which is in the process of being reviewed by a surveyor in
order to determine the exact area and setbacks. Thank you
for your time and assistance.
Yours very truly,
Enclosure
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, .JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71
TELEPHONE (516) 765-1809
June 4, 1985
Michael J. Hall, Esq.
Youngs Avenue
Southold, NY 11971
Re: Appeal No. 3361 Jean C. Holland
Dear Michael:
This letter will confirm that the public hearing in
the above matter has been recessed from May 23rd until our
June 13, 1985 Regular Meeting at 8:00 p.m. pending receipt
of four surveys certifying the exact area of the lots
proposed and the proposed setback of the existing dwelling
from the center division line (which you indicated may
need additional variance application), and the area of
the two lots inclusive of the area of Lots 36 and 37
respectively. Please be aware that if either of the'lots
are less than 40,000 sq. ft. in:area, this proposal may
also be subject to Suffolk County Health Department, Article
VI, subdivision approval.
At your convenience, may we have a copy of the N.Y.S.
Department of Environmental Conservation letter of no
jurisdiction for our file.
Please keep us advised.
Yours very truly,
GERARD P. GOEH~
CHAIRMAN ,
By Linda Kowalski
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
~AIN I:JOAD- ~TATE ROAD 25 5OUTHOLD, L.I., N.Y. llg?l
TELEPHONE (516) 765 1809
May 21, 1985
Michael J. Hall, Esq.
Youngs Avenue
Southold, NY 11971
Re: Appeal No. 3361 Jean C. Holland
Dear Mike:
Enclosed as requested are the photocopied surveys for
Proposals #2 and #3 in the above matter which have been
withdrawn from the record.
As you know, the public hearing will be held on
Thursday, May 23rd at 7:45 p.m.
Yours very truly,
Enclosures
GERARD P. GOEHRINGER
CHAIRMAN
By ~inda Kowalski
May 17, 1985
Zoning Board of Appeals
Southold Town Hall
Main Road
Southold, NY 11971
Re: A_~plication of Jean C. Holland
Gentlemen:
At the time of the re-application I submitted three (3)
alternate set-offs on behalf of my client.
My client now wishes to withdraw maps 2 and 3 from her
application and merely apply under map 1, which shows a
straight line between the existing parcel and the property
parcel.
I would therefore appreciate if you could return all copies
of the other two maps to my office.
Sincerely,
Michael J. Hall
MJH:bl
(~) COUNTY OF SUFFOLK
d
NOTICE IS HEREBY GiV-
EN, pursuant to Section 267 of
the Town Law and the Code of
the Town of Southold, the
following public hearings will
be held by the Scuthold Town
Boasd of Appeals at the
Southold Town Hall, Main
Road, Southold, NY at a
Regular Meeting, commenc-
ing at 7:30 p.m. on THURS-
DAY, JUNE 13, 1985, and as
follows:
7:30 p.m, Application for
HELEN CONWAY, 'bY R.H.
Bruer, Esq., Main Road,
Southold, NY for a Variance to
the Zoning Ordinance, Article
BI, Section 100-31, Bulk
SchedUle, for approval of
itmufficient lot area, width and
depth of proposed parcel to be
set off, located at the South
Side of Chestnut Road, South-
od, NY; County Tax Map par-
cels ~ No~ 1000-59-03-003 and
004.
7:35 p.m. Application for
ALICE SZALA by Stanley
Karanewski, P.O. Box 498,
Cutchegue, NY 11935 'for a
Variance pursuant to New
York Town Law, Section 280-
A, for approval of access over
a private right-of-way known
as ,'Williamsburg Drive," lo-
cated off the So~th Side of
Main Bayview Road, Southold,
NY, to preraise~ identified on
the County Tax Maps as
1000-78-05-17.
7:40 p.m. Application for
DR. JAY P. AND M. SLOT-
KIN, by A. Wickham; Esq.,
Main Road, Mattituck, NY for
a Variance to the Zoning
- Ordinance, Article m, Section
100-30, and as required bY
Z.B.A. Appeal No. 2932 for
permission to construct addi-
tion to existing professional
office known as 4972~ Main
Road (a/k/a 50 Ackerly Pond
Road), Southold, NY; County
Tax'MaP Parcel No. 1000-70-.
7:45 p.m. ApplicatiOn for
EUGENE DAVISON, 4300
Sound Avenue, Mattituck, NY
for a Variance to the Zoning
Ordinance Article m Section
100-31, Bulk Schedule, for
approval of lots of insufficient
· area and lot width in this
proposed diviSiOn of land (106-
13) located at the South Side of
Sound Avenue, Matittuck, NY
County Tax Map Parcel No.
1000-121-3-5; containing
12.6+ acres.
7:55 p.m. Application for
THOMAS YASSO (Williston
Beverage), by' Environment
East, Inc., 3075 Indian Neck
Lane, Peconic, NY for a
Variance pursuant to Z.B.A.
decision rendered 5/22/75 un-
der Appeal No. 3189 for
proposed addition which will
exceed the restricted lot cover-
age for this "B-I" General
Business zoned parcel located
at the South Side of Main
Road, Mattituck, NY; County
Tax Map Parcel No. 1000-122-
Ap.m. Recessed Hearing~N~,
N HOLLAND, by M.
~_11, Esq. (From 5/23/85). ~
8:10 p.m. Recessed Hearing
of HOWARD L. YOUNG, by J.
DeReeder (from 5/2/85).
The Board of Appeals will
hear at said time and place all
persons desiring to be heard in
each of the above matters.
Written comments may also be
submitted prior to the con-
clusion of the subject hearing.
Dated: May 23, 1985.
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER,
CHAIRMAN
By L. Kowalski,
Secretary
(516) 765-1809 (Alt. 1802)
1T-6/6/85(8)
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for .................. ~ ....... weeks
successively, commencing on the ........... ~..'. .........
day.o~cw-~k. .;~ff. ........ ,19 ..... ~
Sworn to before me this ..................... day of
Notary Public
BARBARA FORBES
Notary Public, State of New York
No. 4806846
Qualified in Suffolk County
Commission Expires March ~0, 19 ?d:
LEGAL NOTICE
NOTICE IS HEREBy GIVEN,
pursuant to Section 267 of the
Town Law and the Cede of the
Town of Southold, the following
public hearings will be held by
the Southold Town Board of Ap.
peals at the Southold Town Hall,
Main Road, Southol~d, NY at a
Regular Meeting, commencing
at 7:30 p.m. on THURSDAY,
MAY 23, 1985 and as follows:
7:30 p.m. Application of
HERODOTUS DAMIANOS,
Pindar Vineyards, Main Read,
Peconic, NY for a Special Excep.
lion to the Zoning Ordinance, Ar-
ticle IH, Section 100-30(B)[14]
for approval of the establishment
of a winery at Pindar Vineyard
premises known as 37645 Main
Read, Peconic, NY; County Tax
Map District 1000, Section 85,
Block 02, Lot 15.
7:35 p.m. Application of
REYNOLD BLUM, Peconic
Vineyards, 31320 Main Read,
Cutchogue, NY for a Special Ex-
ception to the Zoning Ordinance,
Article III, Section 100-30(B)[14]
for approval of the establishment
of a winery at Peconic Vineyards
premises known as 31320 Main
Road, Cutchogue, NY; County
Tax Map District 1000, Section
103, Block 01, Lot part of 19.11;
more particularly identified as
Parcel 1 of 24.249 acres as ap-
proved by Planning Board 6/2/80.
7:40 p.m. Application for
HELEN M. CONWAY, by R.H.
Bruer, Esq., Main Road, South-
old, NY for a Variance to the Zon-
lng Ordinance, Article III, Sec-
lion 100-31, and Bulk Schedule,
for approval of insufficient lot
area, width and depth of prop-
osed parcel to be set off and lo-
catod at the South Side of
Chestnut Read, Southold, NY;
County Tax Map Parcel District
1000, Section 59, Block 03, Lot
3 and part of 4.
7:45 p.m. Application for
JEAN C. HOLLAND, by M.J.
Hall, Esq., Youngs Avenue,
Southold, NY for a Variance to
the Zoning Ordinance, Article
Ill, Section 100-31, and Bulk
Schedule, for approval ofinsuffi-
cient lot area and width of two
proposed parcels located at Low-
land Read, Meadow Beach Lane,
and Sunset Read, Nassau Point
Map Section C, Lots 327 and 328,
and Walter Grabie Map, Lots 36
and 37; Cutchogue, NY; County
Tax Map District 1000, Section
111, Block 10, Lots 18, 1 and 2.
7:50 p.m. Application for
PHILIP R. REINHARDT, by
R.H. Bruer, Esq., Main Read,
Southold, NY for a Variance to
the Zoning Ordinance, Article
III, Section 100-31, and Bulk
Schedule, for approval of insuffi-
cient area, depth and width of
two parcels in this proposed set-
off division of land located at the
north side of Pine Neck Road,
Seuthold, NY; County Tax Map
District 1000, Section 70, Block
6, Lot 19.
8:00 p.m. Application for AN-
DREW AND IDA PITRE, by A.
Wickham, Esq., Main Read, Mat-
tituck, NY for a Variance to the
Zoning OrdlnA~co, Article IH,
Soctio~ 500-32 (100-30) for ap-
proval of ~n 8' by 10' accessory
storage sh~cl in the frontyard
area at premieres known as 670
Holbrook Lane (r~.'vate Road
#15), Mattituck, N~ County
Tax Map District 1000, S~tion
113, Block 06, LOt 008.
The Board of Appeais will hear
at said times and place any and
all persons desiring to be heard
in each of the above matters.
Written comments may also be
submitted prior to the conclusion
of the subject hearing.
Dated: May 2, 1985.
BY ORDER OF
THE SOUTHOLD
TOWN BOARD
OF APPEALS
GERARD p. GOEHRINGER
CHAIRMAN
1TMyl$-4893
STATEOFNEWYORK )
) SS:
COUNTY OF SUFFOLK )
· ~NNA LEKKP~$ of Greenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, e Weekly
Newspaper, published st Greenport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed is
e printed copy, has been regularly published in
said Newspaper once each week for one
weeks successively, commencing on the 16
dayof May 19 R%
Principal Clerk
Sworn to before me this 16
de~,/Of H~' .~ ... o ~ ANN M. ABA1[
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 South-
old Town Hall, Main Road,
Southold, NY at a regular
meeting, commencing at 7:30
p.m. on THURSDAY, MAY
23, 1985, and as follows:
7:30 p.m. Application of
HERODOTUS DAMIANOS,
Pindar Vineyards, Main Road,
Peconic, NY for a Special Ex-
ception to the Zoning Ord'm-
anco, Article IH, Section 100-
30(B) {14] for approval of the
establishment of a winery at
Pindar Vineyard premises
known as 37645 Main Road,
Peconic, NY; County Tax Map
District 1000, Section 85, Block
02, Lot 15.
7:35 p.m. Application of
REYNOLD BLUM, Peconic
Vineyards, 31320 Main Road,
Cutchogue, NY for a Special
Exception to the Zoning Ordin-
ance, Article IH, Section 100-
30(B) [14] for approval of the
establishmant of a winm~ at
Peconic Vineyards pmmiass
known as 313~0 Main Road,
Cutchogue, NY: Coanty Tax
Map District 1000, Sectio~
103, Block 01, Lot part of
19.11; more particularly iden-
t~iad as Parco1 1 of 24.249
acres as approved by PImming
Board 6/2/80.
7:40 p.m. Application for
HELF_2q M. CONWAY, by
R.H. Bruer, Esq., Main Road,
Southold, NY for a variance to
the Zon'mg ordinance, Article
IH, Section 100-31, and Bulk
Schedule, for approval of in-
sufficient lot area, width and
depth of proposed parcel to be
set offand located at the South
Side of Chestnut Road, South-
old, NY; County Tax Map
Panel District 1000, Section
59, Block 03, Lot 3 and part of
~7:45 p.m. Application for
JEAN C. HOLI~ND, by M.J.
Hall, Esq., Youngs Avenue,
Southold, NY for a Variance to
the Zoning Ordinance, Article
m, Section 100-31, and Bulk
Sche'dule~ for approval of in-
sufficient lot area and width of
two proposed parcels located
at Lowland Road, Meadow
Beach Lane, and Sunset Road,
Nassau Point Map Section C,
Lots 327 and 328, and W~tar
Orebie Map, Lots 36 and 37;
Cutchogue, NY; County Tax
Map District 1000, Soction
.11, Block 10, Lots 18, 1 and 2.
7:50 p.m. Application for
PHILIP R. REINHARDT, by
R.H. Bruer, Esq., Main Road,
Southold, NY for a Variance to
the Zoning Ordinance, Article
IH, Section 100-31, and Bulk
~'hedule. for approval of in-
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Tra~veler-Watchman
once each week for ........................... / weeks
successively, commencing on the // '~
day of ~?"% ., 19. j ~
....... .........
Sworn to before me this /d Ls day of
........ ':7 ..........,
Notary Public
BARBARA FORBES
Notary Public, Sta~e of New York
No. 4806846
Qualified in Suffolk County
Commission Expires March 80, 19~~
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. ~23<r .~ ~'
DATE ~.,, ~.~.,,c ...... ....~.,,.. '
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N, Y.
Jean C }{ollanJ
l, (We) ......................; .......................................... of No. ~/ Vanston Road
Nome of Appellont Street and Number
Peconie New York
....................................................... : ........................................................ HEREBY APPEAL TO
Municipolity State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED: ~./~8/83FOR: ~inor Subdivision
WHEREBY THE BUILDING INSPECTOR DENIED TO
of
Jean C. Holland
Name of Applicant for permit
Ng, {; Vanston Road, Peconic~ New York
Street and Number Municipality State
) PERMIT TO USE
PERMIT FOR OCCUPANCY
PERMIT TO BUILD re-subdivide land into two conforl, ing parcels
LOCATION OF THE PROPERTY No. # Vanston Road, Peconic, NY A
H/g Nalter Grabie 36-37 5treat and Hamlet Zone
H/o Nassau Pt., Sec. C 327 & 328OWNER(~) . .lean C. Holland
Mop No Lot No.
2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub
~ect~on and Paragraph of the Zoning Ordinance gy number Do not quote the Ordinance)
Article ZlZ , Section /00-31-
3 TYPE OF APPEAL Appeal is made herew*th for
/ X) A VARIANCE to the Zoning Ordinance or Zoning Map
r ~ A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons Laws
Art 16 Sec 280A Subsection 3
PREVIOUS APPEAL A previous appeal (,k~a~) (has not) been made with respect to this decision
lhe 5uildmg Inspector or with respect to this property.
%~ch c,ppeol was ( ~ request for a special perm,t
(×) request for a varmnce
wcl3 made m Appeal No ....... 3.23.Ct ......... Dated .......... ~ta.~.eh...1.9.~....1,9~3.(~ .......................
( )
REASON FOR APPEAL
A Variance to Section 280A Subsect,an 3
A Variance to the Zoning Ordinance
requested for the reason that we would like to re-subdivide the
i,re.~ently exist with one house into two lots nearly equal
additional d~elling.
lots which
in size with
Form ZBI (Conti~ue on other side)
REASON FOR APPEAL Continued
1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- w~th
~,ar¥, HARDSHIP because the applicant is now possessed d/ a "white elephant" -
,~ large house on two parcels of land. Without the reqoested re-subdivision~
lite property is a drain en its owner. The re-subdivision would result
in two parcels muoh more similar to those by which it is surrounded
,tHd would do substantial justice to the landowner as well as the
Ihe hord~bip created is UNIQUE ond is not shured by oil properties ahke in the ~mmediote
,~,m~. of this property and in this use district because ,mst properties in the
~m~,t.diat(t vicinity are less than 1/2 the size of the appl~oant, s proposed
; ]he Vt}nonce would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
IIARACTER Of THE DISTRICT because ii this re-subdi¥ision is allowed, the
r~sulting two parcels will still be larger than almost ev~ry other
i,arc~l in the vicinity. The re-subdivision of these parcels would
fact restore them to the original plan of the original grantor~
bus resnlting in more conformity with the character of the district
~ hah p~esently exists.
'.1ATE OF NEW YORK )
)
c OtJNTY OF SUFFOLK )
Notary Public
ELIZABETH A. LADEMANN
Notary Publi~, State o[ New ¥o~'k
No. 4811949
Qualified in Suffolk Count,
Commission Expires March 30. 19_.~
BOARD OF APPEALS, TOWN OF SOUTHOLD
:
In the Matter ot the Petition of :
JEAN C. HOLLAND :
to the Board of Appeals of the Town of Southold :
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE: ~'
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of South~ld
to request a (Variance) (~p[~LgXR'e~xiX~Rk(~:~l(~a4:;~X) (Q~th~r) [circle choice]
).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: SCTM ~ D-lO00, S-111, B-10, L p/o 18
3. Thattheproperty whichisthesubiectofsuchPetitionislocatedinthefollowingzoningdistrict:
A - Residential/A~ricultural
4. ThatbysuchPetition, theundersignedwillrequestthefollowingrelief: re-subdivision
of lots which have merged.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article III Section 100-31
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you ma), then and there
examine the same during regular office hours. (516) 7~5-1809.
right to appear a~d be heard at such hearing.
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
Petitione/r JEAN C. HOLL/AND · '
Post Office Address
No. f/ Vanston Road
Peconic. New York
NAME
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
L. Grant Ilarrison & ano 135 Hampton Road
Garden City, NY 11530
William J. Baxter & wife 4 Windrose Way,
Greenwich, CT
COUNTY OF 5Urru~..,
Mead Point
06830
Elizabeth A. Lademann , residing at 1850 Beebe Drive, Cutchogue
of ~_~).~t~e w York , being duly sworn, deposes and says that on the ~-~"t~day
verse side here~to ,19 85 , deponent mailed a true copy of the Notice set forth on the re-
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 -%outhold; that said Notices were mailed at the United States Post Of-
ficeat Southoldt ~'ew York 111971 ;[hatsaidNoticesweremailedtoeachofsaJdpersonsby
(certified) (registered) mail.
Sworn to before me this
day of ~,19 85
' ~OOtary Pul~lic
E~IZABETH A. LADEMAN~
MICHALq. d. HAU.
Public, State of Newy~
No. 30.,4722108
C~11 Oua. lifled In Naasau Count~
m,.,on Exmre. Martin 30,
mtsston of th~s tm, and ~n envJro:l~,L'~Ldl jj~viuw ~Jll bo
made by this bo before any action is tak~
(a) In order to &newer the questions in this short £AF is is aes~ed that the
pre,ret will use currently available lnforr~tion concernin~ the proJec~ and the
likely ku~acts o£ the ~ction. I~ is not e~ected t~t additional mtudie~
or o~her inves~lgation~ w~i be ~derta~en.
(b) If any question ha~ been answered Yes the project ~y be si~lflcan% and
(c) If all questions have been answered No 1% is l~ely t~% this project
not significant.
(d) F~vircr~ental A~sess~ent
l. W~l project reset in a large physical
to the project ~ite or physically alter more
%~tn 10 acres of land? · · · . . . . . Ye~ X No
2. Will ~here be a mmJor chanEe to any ~ique or
unusual land fo:~ fo~d on the alue? .. Yes X.. No
3. W~I project alter or hav~ a large effec~ cn
an exi=czng body of waCer? · , . , . Yes x No
&, W~I pro,eot have a potentially large ~ on X
~o,~dwa%er quality? , , . . . . . Ye~ No
5. W~! proJec~ si~iflcantly effect dra~ag~ ~
o~ adjacent sites? . . . , , . . Ye~ X
6. Will project affec~ any %~ea%ened or endangered
plan~ or anal species? · · · . · . Yes X
7. W~I prc~ec% rest% in a =aJor adverse effect on
air qualityt ...... Yes X No
8, W~l ~rcJec~ have 0 ~aJor ~ffec% on visual
kno~ to be ~portant to the com.~uni%y? , . . Yes . NO
9, Will project adversely ~pact any site or st~c~
ute of historic~ pre-nl~toric, or paleontological
importance Or any ~ite de~i~azed ae a critical
envirommen~l area by a local agency? . . . Ye~ ---- No
10. W~l project have a major effect on exi~t~ o~
ll. Will project result In mmJo~ traffic problems or
cause a major effect to exlsting transportation X
Yes No
12. Will project reg~ar!y cause objectionable
noige, glare, vibration, or elee%rlcal distur~
ante a~ a rest% of the proJec%'s operation? · Yes~X No
13. Will proJec% have any impact on pub].l~ health or X
Will proJec% ~ffec: :he existing co.unity by
directly causin~ a ~rcw:h :n ~ermanen: pop~a-
charact~ of the community sr ne~ornocoO. , Yes X No
Yes X No
[5, ls thcre publl~ controversy co~ern~ng the project?
PREP~RER'3 SI~NATL~Ef- ~ ?, , ~ ~ ~' ,
Jean C. Holland DATE: January 29,1985
QUESTIONNAIRE TO BE COMPLETED AND FILED WI'fit APPLICATION TO THE Z.B.A.
The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires
an application to tile N.Y.S. Department of Environmental Conservation, Environmental
Analysis Unit, Building 40, S.U.N.Y., Stony (3rook, NY 1179u,, (tel. 516-751.-7900), if
you have checked Box #1 and/or Box #6 below. Please either call their office or
personally visit them at their Stony Brook office for instructions and application
forms. Once you have received written notification of approva please provide our
office with a copy (with the conditions) as early as possible in order that we may
continue processing your Z.B.A. application,
[ ] I.
[ ] Z.
! ]
[ ] S.
( ] 6.
[ ] 7.
Waterfront without bulkheading
Waterfront with bulkheading in good condition
[ ] the full length of the property
[ ] at least 100' in length
Not located within 300' of waterfront or wetlands area
May be located within 300' of waterfront or wetlands area; t~owever,
the following structure separates my property from this environmental
[ ] 50' existing road
[ ] existing structures
[~] bluff area more than I0' in elevation above mean
sea level
This proposed addition/expansion of an existing building will be more
than 75' from the landward edge of tidal wetlands/waterfront areas.
This proposed addition/expansion of an existing building will NOT be
more than 75' from the landward edge of tidal wetlands/waterfront
area.
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 photograpi~s 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).
February 14, 1985
chairman
Appeals
Gerard P' Goehringer'
Southold ToWn Board of
Southold Town Hall
~IaiX Road
Southold, NY 11971
Re: Appeal I~o. 3230 - Jean C. Holland
Dear bit. Goehringer:
erenCe to the above applicatiOn I am enclosing
~4ith ref. =~tified mail receipts and s~X (6) each
applieatmOn, c~- proposalS.
of three (3) alternate
please advise me when this matter has been placed on the
calendar for public hearing' Sincerely,
Michael J' Hall
MJH: b 1
eric ·