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HomeMy WebLinkAbout3604 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 11g'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3604 Application Dated January 9, ]987 TO: Mr. and Mrs. Robert A. Villani 189 Old Westbury Road Old Westbury, NY 11568 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on March 5, ]987, the above appeal was considered, and the action indicated below was taken on your [×] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of ROBERT AND EILEEN VILLANI. Variance pursuant to New York Town Law, Section 280-a, for approval of access over private right-of-way (presently owned by Eileen Villani) to other premises of the applicants identified on the Suffolk County Tax Maps as District 1000, Section 86, Block 6, Lots 30 and 10; Indian Neck Road, Peconic. WHEREAS, a public hearing was held and concluded on February 5, 1987 in the Matter of the Application of ROBERT AND EILEEN VILLANI under Appeal No. 3604; 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: l. This is an application for a Variance pursuant to the Provi- sions of New York Town Law, Section 280-a for approval of access over a private right-of-way extending from the north side of Indian Neck Road, Peconic, a distance of 285.40 feet and thence extending in a westerly direction 25± feet, and 90± feet along the subject premises. 2. The premises to which appellants are requesting approval contains an area of .610 of an acre, and 100± ft. frontage, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 86, Block 6, Lot 30. The premises is vacant land. 3. After personal inspection of the right-of-way by board members, it is noted that a major portion of the right-of-way is a macadam surface in good condition and that only minor improve- ments are necessary (as noted below). (CONTINUED ON PAGE TWOI DATED: March 5, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3604 Matter of ROBERT & EILEEN VILLANI Decision Rendered March 5, 1987 In considering this appeal, the board agrees that: (a) the variance is not substantial in relation to the requirements; (b) there will be no substantial change in the character of the district; (c) the relief as conditionally granted will not cause a substantial effect or detriment to adjoining properties; (d) the circumstances of this appeal are unique and there is no other method feasible for appellants to pursue other than a variance; (e) in view of the manner in which the difficulty arose and in considering all the above factors, the itnerests of justice will be served by allowing the variance, as noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the relief requested under Appeal No. 3604 in the Matter of the Application of ROBERT AND EILEEN VILLANI for approval of access as required by New York Town Law, Section 280-a, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Potholes be filled and open crevices be sealed; 2. Continuance maintenance in good condition at all times. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) This resolution was duly adopted. lk GE--~-A-~-~ P. 'GOEHR'I')~GER, C~IRM~N March 17, 1987 NOTICE OF HEARINGS NOTICE IS HEREBY G1VEN~ 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 ~Oi~N BOARD OF APPEALS at the Southold-Town Hali~ Main Road~ Southold, NY at a Regular Meeting, THURSDAY FEBRUARY 5~ 1987 at the following times: 7: 35 p.m. Appeal lhr~o 360l - MARGARET AND JOSEPH~ BEST. Variance to the Zoning Ordinance~ Article XI~ Section 100-119.2 for permission to construct addition at the southerly side of existing dwelling with an insufficient sethack from bulkhead along tidal water area, and to Section 100-3[~ Bulk Schedule~ for an insufficient setback from the rear property line~ at premises located along the south side of a private right-of-way (extending off the east side of Camp IVHneola Road) ~ Mattituck~ NY; County Tax Map Parcel No. 1000- 123-06-[7. 7:40 p.m. Appeal No. 3599- SAMUELS. COHEN. Variance to the Zoning Ordinance~ Article III~ Section I00-32 for permission to construct accessory garage structure~ for storage and garage pur- poses~ in the front and side yard areas~ premises located along the south side of a private right-of-way (extending off the south side of Indian Neck Road) ~ Peconic, NY; County Tax Map Parcel No. 1000- 98-5-I8. 7:45 Variance within 75 p.-rn. Appeal No. 3598 - DANIEL AND IRENE McKASTY. to construct swimmingpool with fence enclosure and cabana feet of existing bulkhead along tidal water, requiring a Variance fo the Zoning Ordinance~ Article XI~ Section 100-I19.2. Lpcatign of Property: 13220 Main Road~ East Marion~ NY; County Tax Map Parcel No. 1000-31-~4-12. 7:50 p.m. Appeal No. 3595 - DONALD Y. GRIlVl- Variance to the Zoning Ordinance~ Article IX Section I00-90~ 100-93~ Bulk Schedule~ for permission to construct two-story building for office use incidental to principal use of the premises with an insufficient frontyard setback in this "C-I" Heavy Industrial Zoning District. Location of Property: Lot No. 2~ Minor Subdivision No. 450; South Side of Oregon Road~ Cutchogue, NY; County Tax Map Parcel No. 1000-83~ 37 part of Lot 4.4. Containing 4.59 acres. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 5~ i987 7:55 p.m. Appeal No. 3462- HERBERTR. MANDEL. Variances to the Zoning Ordinance, Article III, Sections 100-30A~ 100-31, Column A-80, resulting from this proposed three-lot Nfinor Subdivision "HighPoint at East Nfa~iOn~ Section Three, Inc." for: (a) lots having insufficient lot area; (b) lots h~ving insufficient lot depth~ (c) Lot having insufficient lot width~ (d) Lot 3 as proposed with structure having an insufficient frontyard setback; (e) Lots 2 and 3 as proposed each will contain structures that do not meet principal-use requi~ffem~ent for a single-family dwelling; (f) existing barns on Lots 2 and 3 as proposed will have insufficient setbacks from proposed frontyard property line (and boundary' [ine~ dividing Lots 2 and 3 running north and south). Location of Property 9355 Main Road~ East l~4arion; County Tax Map Parcel No. I000-031-03-ll.25. Containing 2.918 acres. 8:05 p.m. Appeal No. 3590 - THOMAS J. AND CATHERINE ZIlVlMERMAN. Variance to the Zoning Ordinance, Article XI, Section 100-llSE for permis- sion to construct addition to existing nonconforming structure which exceeds 50% of fair value of same as exists~ at 265 Rochelle Place~ Mattituck~ NY; County Tax fflatm~a~cel No. 1000-144--04-09 and 08. Contairi~9 ~0 an acre. 8:10 p.mo Appeal No. 3604 - ROBERT AND EILEEN VILLANI. Variance pursuant to New York Town Law, Section 280-a, for approval of access over private right-of-way (presently owned by Ei leen Villani) to other premises of the applicants identified as County Tax Map Parcels No. 1000-86-6-30 & g:lSl~.m. Appeal No. 3596 - TARTAN OIL CORP. Special Exception to the Zoning Ordinance~ Article ViI~ Section 100-70B(4 & 5) for permission to establish a partial self-service gas station in conjunction with full-service gas station approved 6/29/72 under Appl. No° 1584. Location of Property: 32400 C.R. 48~ Peconic~ NY; County Tax Map Parcel No. 1000-74-4-7.l (6 & ?). 8: 25 p.m. APpeal No. 3597 - ROBERT AND HELEN bIER. Special Exception to the Zoning Ordinance~ Article III. Section 100-30B for permission to estab- lish "Accessory Apartment" in existing garage area in accordance with the requirements of Subsection 15 thereof. Location of Property: 355 Terry Lane, Southold~ NY; County Tax lVtap Parcel No. 1000-65-7-20. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 5, 1987 The Board of Appeals will hear at said time and place ali persons or representatives desiring to be heard in each of the above hearings. Each hearin9 will not start before the time allotted. Written comments may be su'b~mitted prior to the conclusion of' the subject hearing. For more informa- tion, please call 765-1809. Dated: January 24~ I987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER~. CHAIRMAN Linda Kowalski~ Board Secretary / Copies to the following 1/27/87: Peconic Development Corp. for the Bests, Rox 594~ Mattituck, NY 11952 Mr. William J. Jacobs, as Agent for Mr. Cohen~ Depot La, Cutchogue, NY 11935 Mr. and Mrs. Daniel McKasty, 368 Station Road, Bellport~ NY 11713 Mr. Donald J. Grim, 475 Jernick Lane~ Southo[d~ NY [[971 A.A. Wic~ham~ Esq. as Attorney for Nlr. Mande[~ Box 1424~ Mattituck~ NY [[952 Mr. and lVlrs. T.J. Zimmerman~ 39 Eric La~ New Hyde Park~ NY 11040 Mr. and Mrs. R.A. ViIlani~ 189 Old WestburyRd.~ OIdWestbury, NY H568 W.D. Moore, Esq. as Attorney for Tartan Oil Corp., 3?0 Terry La., Southold~ NY ll97l lVlr. and Mrs. R. Dier~ 355 Terry La~e, Southold~ NY Il9?[ John Ivy. ~fagner~ Esq. as Attorney for ( ) , Box 279~ Riverhead, NY l[90l J. Kevin lVicLaugh[in~ Esq. as Attorney for A. Blair, 828 Front St. ~ Greenport~ NY ll944 Personal Delivery to: Suffolk Times and L.I. Tra,~eler-hfatchman Town Clerk Bulletin Board ZBA Members ZBA Individual Files ZBA Office Bulletin Board TO~,~W OF SOUTHOLD BUILDING DEPARTMENT TO~C(N CLERK'S OFFICE SOUTHOLD, N.Y, NOTICE OF DISAPPROVAL F~e No ................................ .~.~..~....~. ~. ~ ~...~...~....~. ...... PLEASE TAKE NOTICE that your application dated . .~ .............. 19 .~.~.. Location of Property ..... ; ."~.,% .o~, .~......~?: .~......~..; .......~..9..¢,~.~-~.. ,~. ............... House lye. J Stroet Hamlet County Tax Map No. 1000 Section . ,-...~.~.(o ..... Block ..... e~..{~ ...... Lot . . .~.0. ........ Subdivision .................. Filed Map No ................. Lot No ................. is returned l',erewith and disapproved,on the following grounds...'~..~.0...~..,~., .~,~ ...... ~..,%.t.~.. ~,,~...~.~...~.~. ~..~ ................................ . Building Inspector PLANNERS P.C. WA¥, MASPETH, N.Y. 11378 De~rtment 2193 September 5 -- - __ 2~2 $ 225 O0 .md 00/100 ...................... DOLLARS September 19 the Building Inspector, with 3 dule. premises, relationship to adjoining premises or public streets )erty must be drawn on the diagram which is part of this {~ppli- nmenced before issuance of Building Permit. ,'ctor will issued a Building Permit to. the applicant, Such permit tout the work. t part for any purpose whatever until a Certificate of Occupancy APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, St~ffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary_ inspections. (Signature of applicant, or name, if a corporation) (Mailing address of applicant) State whether applicant is oDv_ner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises .R.°.b..eKt..A...&..E.i.l: .e.e.n...G..v-.i.l.l.a.n..i: ..: ..;: ......... .......-.: ..................... (as on the tax roil or latest deed) if applicant is a corporation, signature of duly authorized officer. ............... .......................... (Name and title of corporate officer) - Builder's License No .......................... Plumber's License No ......................... Electrician's License No ....................... Other Trade s L~cense No ...................... 1. Location of land on which proposed work will be done2 ~57.,'. .............................................. Unassigned Indian Neck Road Town o House Number Street Hamlet Count2,' Tax Map No. 1000 Section ....... I~ ......... Block ..... ...6. ...' ...... Lot ....... 30 .......... SubdMsion . .NJ./.A ...................... Filed MapNo ............... Lot ............... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ...... y.a. qa.n.t' . ................. b. Intended use and occupancy one family dwellin~ Nature of work (check whic )plicable): New Building .... X.'. .... :dition .......... Repair .............. Removal .............. Demolition .............. Other W - ' ' $ t50~000 00 ifdwellina, numberofdwelIingunit~ one {l~ . Number '-~ ~ ' ............. of aw,Ihng units on each ~co~ ~f business, commercial or mixed occupancy, specify nature and extent of each type of use ...... Dimensions of existing st~ctures, if any: Front.. N/A Rear D~,,t Height ............... Number of Stories D~ensions of same structure with aker~tions or additions: Front ........ ~ ...... Rear Depth ...................... Height ...................... Number of StoNes Dimensions of entire new construction: Front . .7.2,0 ~... ..... Rear ...~ } $ R~ ....... Depth Height ............... Number of Stories , . i ~ .... 326.0 Size of lot. Front ........ Dfl.,O ......... Rear ..... 5~.-.0~ ......... Depth DateofPurchase ~-5-85 . ..Name C~ ~ C:lsen ......................... o~ ~ o~e. Owner Zone or use disIrict in which premises are situaeed .... ;z.qE,~. A. Does proposed construction violate any zoning !aw, ordinance or regulation: .......... ~9 Wg~ Io~ be r~_rad~d ........... ~ ......... . ...... ~V~k excess nH b~ removej from amem~es: ~ ~ , . Roberv ~ & Ezzeen G,, 789 Ol~ Wes%~ury~. ,, Name o~ Owner of p~emises .... VLz. Lanz ....... Aoaress 2 ........... [ .... 7.~ hone N~eofAmbitect Thomas F, Cnsanelli ~ .a~ ~ 66-00 LIE ~aspet~ ~.,, N~e of Contractor .......................... Address .... : .............. Phone No Is Ibis property located within 300 feet of a ~idal wetland? ~Yes .~ No ~if yes~ Sou~hotd To~ Trustees Permit may b9 required, PLOT D~AG~M Locate clearly and distinctly all buildhngs, whether existing or proposed, and indicate all set-back dimensions f:om property lines. Give street and block number o~ desc~ption according to d~ed, and show s~reet n~e$ and ~ndkate inle~or or corner lot. KEY P~N _OUNlk OF .~ ............. S.$ .... ~;b?PA~ .~: . ~.~PA~ . ~: ~.-. ................. being duty sworn, deposes and says that he (Name of individual signing contract} b~ve named. is the Archi%ect said owner or owners, and is duly authorized to perform or bare performed *~n,- ~ to:~.ake, and ~le pplication; that all statements contained ~ this application are true to tt~e best ~d belief; and that the · 'ork wflI be perfo~ed in the m~ner set forth in the application filed therewith, worn to before me tl~is f .......... ........ / f. ';,', } T~r~ ~pirea ~n~h 20~ i~<~ (Signature of applicanI) To~m ~P~ROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, ( ) ~ .................................................. : .............. /.. ............ ~...o~ ......... ....,~ ................ Name o~ ^p~e,.n, ,'t~.It and Num,e, ........................................... MunJ~pa~ty THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ^PPL,CA T,ON POR PERM,T NO ..................................... DATED ................ WHEREBY THE BUiLDiNG INSPECTOR DENIED TO Name of Applicant for permit./~ , ~ ~ /. f / Street and Number Municipality State / (~) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) ~o~,o~ o~ ~ ~o~~.~....~C~ZC....~.~.....~~+~ Street Use Distr~ct on Zoning Map Mop 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 Ordi,nance.) 3. TYPE OF APPEAL Appeal is made herewith for ( )//A--VARIANCE to the Zoning Ordin,ance or Zoning Map · / (~') A VARIANCE due to lack of access (State of New York Town Law Chap: 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (ha,~__s 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 ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ~ A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued l. STRICT APPL[CAT[ON OF THE ORDINANCE would produce practical difficulties or sary HARDSNIP because 2. The hardship created is UNIQUE and is not shared by ali properties alike in the ~mm~d,a~e vicinity of this property and in this use distr]c? because 3. Tine Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTR]Cz' because STA,~ OF NEW YORK ) ss counTY FORMER OWNER RES. LAND STREET VILLAGE AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre W Meadowland DEPTH House Plot BULKHEAD £ Total DOCK Woodland COMM. CB. MICS, Mkt. Value Tillable ¢ REMARKS FRONTAGE ON WATER FRONTAGE ON ROAD SUB. LOT TYPE OF BUILDING OWNER FORMER OWNER /C ;,~ ,.,:' iL. ~: . , ,-~ ~,~.; ]4-~'1 ,"~ ~-' =~ RES. I_ ~.~V~[.I.AGB DIST. J SUB. LOT ", . ~(PE OF BUILDING cOMM. CB, MISC, Mkt. Value L~T. OTAL ~__~[--, BUILDING CONDIT~O~ LAND AGE NEW FARM Tillable Tillable NORMAL Acre Tillable 3 Woodland Swomp[artd BrUehland House Plot DATE REMARKS BELOW ABOVE Va~ue Per I Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK ~NER STREET VILLAGE [ DIST~ I COUNTY TAX MAP NO. ~ND IMP, TOTAL DATE REMARKS: ©WNER SEAS. VL. LAND IMP. TOTA~ 00 O 00 NEW NORMAL Farm Acre TillabJe ~ VILLAGE DISTRICT SUB. E W FARM COMM. DATE REMARKS BELOW ABOVE Value Per Acre Value TYPE OF BUILDING J IND. J CB. MISC, LOT '- FRONTAGE ON WATER 'BULKHEAD .~-~..~...~ Est. Mkt. Value !Tilleble 2 :'illable 3 womplond 8rushland House Plot Toro] DOCK Extension ~ ~ '" . [ Ext. Wal[f ~. . Inter,or Fmtsh .... ri .......... ~ ~ Fire PLace ~ ~ .~ i .~ '~.,~/ ,c~.J /~ ~ ~_~) Porch ~Roof Type "' z/~ ~ ~'~ ~ J~ ~ t %~ i ~:~ VOrC~I I Kooms /St B~~, ~ x ~,~ ~ ,' ~'~' ~-~ ] ,:~ f P~,o A O,B, ~ 1_ ~ .... SOUTHOLD TOWN BOARD OF APPEALS MATTER OF ROBERT AND EILEEN VILLANI THURSDAY, FEBRUARY 5, 1987, PUBLIC HEARING 8:18 p.m. Appeal No. 3604 Public Hearing commenced in the Matter of ROBERT AND EILEEN VILLANI. Variance for approval of access. E/s Indian Neck Lane, Peconico The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: I have a sketch of a survey indicating the right of way in question which appears to be a partially mechanized right of way of approximately 32.40 in this par- ticular case plus the width of the right of way before you go into the property off Indian Neck Lane and Peconic. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would ilike to be heard? Sir would you state your name for the record? MR. VILLANI: It's just to gain access to one lot. We own two lots there and we want to gain access to the second one. CHAIRMAN GOEHRINGER: Can you tell us the present condition of the blacktop since when a few of us went down? We noticed that it's pretty much covered with snow. MR. VILLANI: It's in pretty fair shape but I'll have to bring it up to grade, whatever is required. There's a few ruts in it but it,s not nothing that's... I've been going over it. I've been out here for a few days and I've been going back and forth and there's no problem with it. CHAI~N GOEHRINGER: In no way is this dealing with the trans- verse right of way up above which is (I guess) primarily dirt? MR. VILLANI: It's Woods Lane. other way? Isn't that the one that runs the CHAIRMAN GOEHRINGER: Right. MR. VILLANI: No. CHAIRMAN GOEHRINGER: Now you're just going up. MR. VILLANI: I have to cross over Woods Lane. CHAIRMAN GOEHRINGER: That crosses over Woods Lane making a sharp left and then into the property. Is that what you're doing? MR. VILLANI: Right. Page 2 - February 5, 1987 Public Hearing - Robert and Eileen Villani Southold Town Board of Appeals CHAIRMAN GOEHRINGER: You're not going into your property and then going across? MR. VILLANI: No. CHAIrmAN GOEHRINGER: Ok. Alright. We'll see what develops. I thank you. Is there anybody else who would like to be heard on behalf of this application? Anybody like to speak against the application? Questions from Board members? Hearing no further questions, I'll make a motion closing the hearing re- serving decision until later. Ail in favor - Aye. Southold Town Board of Appeals MAIN ROAD- -~TATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD February 5, 1987 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. S .E .Q .R.A. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Si~nificanc~ APPEAL NO.: 3604 PROJECT NAME: ROBERT AND EILEEN VILLANI This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: 280-A Approval of access LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Indian Neck Rd.,. Peconic,.NY 86-6-30 & 10 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) This is an application concerning use over an existing traveled right-of-way and for requirements satisfactory for emergency access. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, $outhold 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. NOTICE OF HEARINGS i NOTICE :... IS~ ~: HEREBY GIVEN, pureuant to Section 267 of the Town ~w and ~e ~aof the Town of~ut~ld, the follo~ lng public hearin~ will ~ held by the ~0~ ~WN ~ BOARD OF APPEA~ at the ~uthold Town Hall, Main ~, ~uthold, NY at a ~lar M~ rog, THURSDAY,' FEB- RUARY 5, 1~7 at the following MARGAR~ ~D JOSEPH BEST. Varian~ ~ the ~ning Ordinance, A~icle X[, ~tlon at.ct addgi90 a~ ~.~qtherly khead along fi~l wa~r' a~a, and ~ ~tion 100-31~ Bulk ~h~ule, for ~ i~ufficient ~ck from ~e m~ pm~y line at premiss I~ along ~uth side of a p~va~ ~ght-of- way (ex~nding off the e~t'slde of Camp Min~ ~d), Mat- tituck, NY; Co~ty T~ 7:40 p.m. Apda[ No. 35~ SAMUEL B. COHO. Va~- ance ~ the ~ning Ordinan~, so~ gar~ s~um, for s~r. ~ge and g~ge p~, in the ~ndmg o~ ~e ~u~ side of County Tax Map Pa~l No. 7:45 p.m. Ap~al No. 35~ struck' swimming ~l with fen~ ~nclos~re and ~a wi~i~ ~eet o~ existing bulkhead along tidal wa~r, r~uJ~ng a once ~ the ~nin~ O~iuan~ A~ic]e XI, ~tion ~cotion o~ p~y: 13220 Main Road, East MaCon, County Tax Map Pa~I 1000-3L14.12. 7:50 p.m. Ap~al No. 3595 .- DONALD J. GRIM. Varian~ to the Zoning O~inan~, A~icl~ X ~t~on ~00-~, 1~-93, Bulk Schedule, for ~rmi~ion ~ ~n- struct two-s~ building for rice u~ inciden~l ~ princi~l use o~ the premi~ with an in- sufficient f~ntya~ ~t~ck Jn ~his "C.1' Heavy Industrial lng District. ~a~on of ~o~ ~ion No. 450; ~u~ Side of O~ gon ~ed, Cu~ho~e, NY; Coumy Tax Map Pa~l No. 1000-83, 3, part of~t 4.4. Con. 7:55 p.m. Appel No. 3462 -. HERBERT R. M~DEC Vari~nce~ to ~e ~nlng O~i. Tot Mmm. Subdivision "High Point al ~ast Marion ~tioa Three, Inc." for: (al lo~ having insufficient lot area; ~b) [o~ ha~ lng ia~u~cieat lot depth; ~c) ~t" havin~ an insu~cient fmnty~ . ~sed each will coa~n zt~cturesf~ 'equirement for a' single.family ~welbng; (~ existing ~rns on prope~d frontyard property line (and boundary line, dividing Lots 2 and 3 running north and south). Location of Proper/y: 9355 Main Road, East Mar/on; County Tax Map Parcel No. 1000-031-03-11.25. Containing 2.918 acre~. 8:05 p.m. Appeal No. 3590 .. THOMAS j. AND CATHERINE ZIMMERMAN. Variance to the Zoning Ordi. nance, Article XI, 8Loction 118 E for permission to construct ~ddit/on to ex/sting nonconform. mg structure which exceeds 50% STATE OF NEW YORK ) } SS: COUNTY OF SUFFOLK ) Carol S~arlata ofGreenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of fair value of~ame as exists, at 265 Rochelle Place, Matt/tuck, NY; County Tax Map Parcal No. 1000-144.04.09 and 08. Contain: ing.60 of an acre, ' ~_ 8:10 p.m. Appeal No, 3604 -. ROBERT AND EILEEN VIL- ..LANL Variance pursuant ~ew York To.wa Law,'Section/~ '~ 28~a, for approval ofasceso over ] pnvats right-of, way (presently ow. ned by Eileen Villuni) to ,o.ther premises of the appliCants ~entified as County Tax Map P~rcels No. i000-86-6.30 & 10 _ 8:15 p.m. Appeal No. 3596' .-'~ TARTAN OIL CORP. Special Exception to the Zoning Or- dinsnre, Art/cie VII, Section 100-70B (4 & 5I for permission of Southold, County of'Suffolk and State of New York, and that the Notice of which the annexed is · printed c~opy, has bean regularly.published in said Newspaper once each week for one weeks successively, commencing on the .2 9 dayof January ~ Princ?a~ Clerk SWorn tO ~ore me this dayof. ~ ~ __ 1~ to establish a part/al self-service .tat!on in can nn ion wit.' ~ .. .- ppi. No. 15~. ~c~ ~/ ~), ~" ~ Suflo[k Comity No. 4849~60 ~auon ox~yl 3~ C R / / / ~ ~erm Expires Februa~19~ 48, P~onic, NY County Tax Map Pa~] No, 1~-74-~7 1 (6 & 7). 8:25 p,m. Ap~al No. 3597 .. ROBERT A~ HELEN DIER. S~ial Ex~ption ~ the ~ning Ordinance, A~ele III, ~tion l~-30B for ~t~ion ~ establish ',Ac~ Apa~. ent n exm~ng garage area in ac~an~ with the ~uire- men~ of Sub~tion 1~ ~ereo~ ~a[ion of ~y: 3&~ Te~y ~ne, ~uthold, NY; Couniy Ta~ Map Pa~l No. 10~-6&.7-20. ~e Bca~ of Ap~ala will hear a[ ~id time an& pla~ all ~ons or represen~tives des/r- m& ~ be hea~ in each of ~e a~ve hearings. Eac~ hearing will not siart ~fore the time Iot~, Writ~n commen~ ma~ ~ submittal prio~ to the conclu* mon of the subj~t heaNng. For more in[ormation, please 765-1809., DaiS; January 24, 1987. BY ORDER OF THE ~HOLD TOWN BOARD OFAPPEAL8 GERARD p. GOEHRINGER, CHAIRMAN Linda Kowalski, Boa~ - the ~ Lew and/the Code of the Town of ,~nthold, the following Public I~arings will be held by the ~ at .ghe>,So~th~d ~,,'l~,~qL HIOI,, Main Roa4,, Southold; ~ at a, Rtgular Meeting; THURSDAY,":~t. ~ FEBRUARY 5~ 1~8~ r~Howing t/me~: ~ 7:35 p.m. Appeal No. 3601- MARGARET AND JOSEPH hE:ST. Var/ance to the Zoning Ordinance, Art/de XI, Section 100-119.2 for permission to con- struct addition at the southerly side of existing dwelling with an insufficient setback from bulkhead along tidal water area, and to Section 100-31, Bulk Schedule, for an insuffic/ent set- back from the rear property line, at premises located along the south side of a private fight-of. way (extendin~ off the east fide of Camp Mineola Road), Mat- t/tuck, NY; County ~ Map Parcel No. 1000-123-06.17~ to the/-.oding Ordinarl~:A~ti. cie 111, Section 100-32 for. per- m/ss/on to construct aCCeSSory garage struame, for storage and garage purposes, in front and STATE OF NEW YORK ss: Zoning District. Locafio~,::of Property: Lot No. 2, Minoc sub. division No. 450;, South side of Oregon R~ad, Cutchogue, N.Y4~ County Tax Map Parcel=No. 1000-83, 3, part of Lot 4.4; Co~ talning 4.59 acres. ': 7:55 p.m. Appeal No, HERBERT R. MANDEL. Variances to the Zoning .O~ dlnance, Article HI, Sc'ctinns 100-30A, 100-31, Column A-80, resulting from this propoggl three-lot Minor Subdivision% "HighPoint at EUSt Marin~,~ S~don Tht~ !a¢'.~or, (a)J~'. having insufficient lot area; (b)' lots having insufficient lot" depth; (c) Lot having insuffi- cient lot width; (d) Lot 3 ar pro- posed with structure having insufficient frontyard sit'back;ii (e) Lots 2 and 3 asjproposcd' each will contain sttuctar~ that,. do not meet principal~use re- quirement for a single-family dwelling; (0 existing barns' Lots 2 and 3 as proposed will. have insufficient setbacks fwm'. proposed frontyard property' line (and boundary line),. dividing Lots' 2 and 3 'running~ north and south). LocatiOn Of. Property: 9355 Main Road, EarLS'~ Marion; County Tax MaP Parcel No. 1000-031-03~11.25. 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 ~ q tTc~ side yard araag premises located ~ :. struct eddit on to existing non~ along the south side of a privnt~ t conforming structure Which ex. fight-of-way (extending off the. . ceeds 50% of fair value of same south side of Indian Ncek: as exists, at, 265 Rochelle Plaee, Road), l~conic, NY;, C.6unty ~ Mattituck, NY; Count~ Tax Map Parcel No. IO00-95-5-18. '?' Map Parcel No. 1000-144-04-09 7:45 p.m. Appeal No. ~.359~-~ ' and 08. Containing .60 an acre: DANIEL AND IRENE~ ~ ./'" 8:10 p.m; Appeal No. 3604- · Varian~ to con~ ~/_ROBERT AND EILEEN'~ ,w ninn,ool with pu.uant enclosure and cabana within 75 ~.' New York Town Law, Section feet of existing bulkhead aloa~' I' ~,~280ca, for approval of access' tidalwater, requiringaVarlance~ 'I over private right-of-way to the Zoning Ordinance, Arti- ] (presently owned, by Elieen cie XI, Section 100-119.2. Loca- i~ .V. iliani) along the eaSt side of In: t/on of Property: 132~27 Main j,/,Udian Neck Road, Peconic, to Road, East Marion, NY; Coua- //~ ~oJ_h_e~,premises of the applicants ty 'Fax Map Parcel N0.1~, ~, {_denUfied as County Tax Map' 100(O31-14-12. =' ~ l~trcelsN°* 1000-86-6-30 & 10. 7:50 p.m. Appeal No. 3595; ::, 8:15 p.m. Appeal No. ~ Variance .* ~TARTAN OIL CO]~p, Special to the Zonin~rdinance, .~dmi. , ;,{~xCepton to the Zoning Or* ~ IX. Section 1'00~0, 100*D]~:~ ii i dtuance, Article VII. Section. Bulk Schedule, for permissi~;, 100*70B (4 & 5) for permission ~o°rC~tcerUuct t.wo-.~.tory ?uildingii~v~ establish ~, partial self-service se u~noentat to prin* .~ ,4'{as ~tution in conjunction With ~pal use of the premnlses with an !i:' ful}*~ervice gas station approv-, msufficient frontyard setback in , 'ed 6/29/7~ under Appl. No., this "C*I' Heavy Industrial 1~84. Location of PrOperty: Sworn to before me this ~ ~ ~ ..................... clay of CATHERINE zIMMERMAN7 Variance to the Zoning Or- i .~.// dinanee, Article Xl, SectiOn 1OO-IISE for permission io con. /_~.~.~.~..~.~...~.: ............. Notary Public · '32400. C.R. 48, Pecodic.,.Ny; '~iCounty ~ Map Parcel No. ' 1000=74.4-7.1 (6 & 7). ,.~/8'.~ p.m; Appeal No. ~ rdinance, Article III, Sec- ,'.~lon 100-30(B) for permJssinn to e4tublish, "Accessory Apart- j? :meat" in existing garage area in ii ,acCOrdance with the re- !~quirements of Subsection 15. ~h[hereof. Location of Property: '~55 Terry Lane, Southold, NY; ~ounty 'l~x Map Parcel No. ;J000-6~-7-20. ~ The Board of Appeals will hear at said time and place all :persons orrepresentatlves d6si~-',,:, i: ingR0;be'.heard 4n - eactf:~ f ' above .,hearings. Each he~ WiJ] not start before the time allOtted. Written comments may also be submitted~prior to the conclusion of the subject hear. ins. For-more information, please call 765-1809. Dated: January 24, 1987 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN Linda BARBARA FORBES lX{oL~ry Public, Stt, te o£ ,%e'.', York APPEALS BOARD MEMBERS ¢,f~ARD P. GOEHRINGER, CHAIRMAN C~ARLE$ GRIGONI$,JR. SERGE DOYEN, JR. ~OBERT J. DOUGLASS JOSEPH H.$AWiCKI Southolcl Town Board of Appeals MAIN ROAD- STAT£ ROAD 2.~ Br~UTHOLD, L..I., N.Y. TELEPHONE (516) 765-180g TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event Lh~re are quesLions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to call our office, 765-1809. Yo,,rs_ very __ G'ERARD P. GOEHR~'NGER ~)" CltAIRMAN Enclosure Linda .Kowalski Secretary and Board Clerk BOARD OF APPEALS~DWN OF SOUTHOLD In the Matter of the Petition of 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 t~d of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (~th~ [circle choice] 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: ' 3. That the property which is the subject of such Petition is located in the following zoning district: 4. Tha, by ,uch Petition, the ~ndersigned will request the following relief: ~ ~//d ~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are.,.,~ti¢le Se~ ~_Lon [~ Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five day's 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 may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner '4¢vb¢ r''f, ''¢ 4 ~//~' ~ ,r~ ~,_ Owners' Names: Post Office Addr~s (Tel. ~/b d~j~ ff~ ) NAME p 687 311 592 RECEIPT FOR CERTIFIED MAIL NO tNSURANCE COVERAGE pROVIDED NOT FOR iNIERNATIONAL MALL (See F~everse) PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS p RECE%PT FOR cERTIFIED MAiL (see Reverse) 1986 STATE OF NEW YORK ) COUNTY OF ~) ss.: ~ ~/~1~ . being duly sworn, deposes and says that on the ~ day ~~ ~19 ~, deponent mailed a true copy of the Notice set forth on the re- verse ~ide hereof, ~rected to each of the a~ove-named persons at the addresses set opposite thor respective name; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current assessment roll of the Town of Southold; that said Nolices were mailed at the United States Post ~- rice at ~ ~b ~~ ; that said Notices were mailed to each of said persons by (c er ti fie d) (registered) mail. ~~/~'~/ ~~~~ .~ ~ Sworn to.l~fore me this 7~ ~ (This side does not have to be completed on form transmitted to adjoining property owners.) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 12, 1987 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3604 application of Robert A. and Eileen Villani for a variance. Also enclosed is Notice to Adjacent Property Owner; Short Environmental Assessment Form; letter relative to NYS Tidal Wetlands Land-Use; Notice of Disapproval; survey and other papers relative to this application. ~,..~,~~ Judith T. Terry Southold Town Clerk The ~.Y S. :nvironaenca QualiLy hvmevl ,':.'V.~.~.,,, . ,' made b~ this b~rd before any aetna, is ~en. '.','.:;:-',;, .~..>.~;. ....... ,. ,...... ....,.., , ., ..... ~ . · , · . , , . ., . ., .: ,;~.f , ' ....... , '.' 'r ' · · r..,...~'~'," . . . ~.~arer wil. uae c~rrentl7 available ~o~tlcn conce~in tho re ~ct ~nd ' ~ *' ' ..... : ' ' ' · ". ~..,',. : :' t., .' u '~, ~;: ' :':: ''<~ ~n 10 acre~ o~ land? .' * *~* . '-' '-" - . .. 6. 7. 8. la, 12. 13, Will there be a ~Jor ch~e to any unique or unusual land £orm found on tl~e cite? , , , . . Will project alter or ~ve a l~rce e~cct on W~I pro~ect h~vc a potentially l~rEo ~ on W~i proJec~ si~ific~ntly'cffect drainage on adjacent sites? W~I~ project ~ect any t~e~tened or plant or anLT~l ~peclea? , . , , , , · , · · · W~I project reset Ina major od';orso effect a~r quality? , , ....... · · · W~ project have a ~aJor effect on visual kno~ to be ~port~nt to thc co~.~un&cy? Will project ~dversely ~pact any alta or crc of hia~oric, pro-hi,carlo, or pal~ontolollcul l=~ortance or Any alto ~oel~ated ac a critical enviro~cn~l area by a local agency? . . W~I project have a ~mJor effect cn Will project reeult ln'm~Jor traffic problem~ Will proJoc: re[~arl7 cause obJcc%~onabl~ noise, ~lare, vlara=lon, or elec%rlcal distur~ anc~ aa a reset of the proJect'= operation? Will project have an'/ impact on public health or safety" Wl!l project ~ffect the exlsttn~ coa~unit7 by directly causln~ a growth la pcr.-~nent popula- period e~ have ~ major n,:g:~tive cf fueL on - Ye~ ;.'., Ye* " __'Ich V .' Ye s / / Yes ---- Yea ~ (Today's Deed) To: Sou=ho_c Town Board of Appeals Main Road Sou~hold, NY 11971 Dear Sirs: In reference to the New York State Tidal Wetlands Iiand-us Regulations, 6 NYCRR, Part 661, and Article 25 of the New York Sta~e. Environmental Conservation Law, please be advised tha~ t: subject property i,n the within appeal ap. l~c.~.o.~. '{please check one box) [ ] May be located ~ithin 300 feet of tidal wetlands however, constructed along the water-lyinq edco of this property is a bulkhead in very good ' '- condition and at least 100 feet in ,'length. · [ ] May b'e 'located within 300 feet of ~.~ 1 - t_~a_ wet!ands~ however, constructed along the wate-r-lyin? edge o~ this property lsa bul;.ne=¢, in need of (minor) (major) repairs, and appr;ximate!v feet in length. [ ] [ May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feel in length. May be located within 300 feet of tlda! wetlands; and there is no bulkhead or con 'on the premises. -- Is not located within 300 feet of tidal wetlands to the best of my knowledge [:)tarred items (*) indicate your property doo~ not appear to fall withiu the jurisdiction of tho N.y.s' D.E.C. Sincerely yours, J p LOT_: If proposed project falls wit'ikin D.E.C. jurisdi'ction, approval must be received an~] sukmit~6d to our office befoce your application can be scheduled for a ~ublic heari:lg. (D 340 town OF SOUTHOLD °" J*"{°" l; (~ COUNTY OF SUFFOLK ,o.~o~ SOUTHO~ ...... Real Proper? lox~Se~rvice Agency